33 USC 2904 - Establishment of Estuary Habitat Restoration Council

Collapse to view only § 2904. Establishment of Estuary Habitat Restoration Council

§ 2901. Purposes
§ 2902. Definitions
§ 2903. Estuary habitat restoration program
§ 2904. Establishment of Estuary Habitat Restoration Council
§ 2905. Estuary habitat restoration strategy
§ 2906. Monitoring of estuary habitat restoration projects
§ 2907. Reporting
§ 2908. Funding
§ 2909. General provisions

§ 2901. Purposes

The purposes of this chapter are—

(1) to promote the restoration of estuary habitat by implementing a coordinated Federal approach to estuary habitat restoration activities, including the use of common monitoring standards and a common system for tracking restoration acreage;

(2) to develop and implement a national estuary habitat restoration strategy for creating and maintaining effective estuary habitat restoration partnerships among public agencies at all levels of government and to establish new partnerships between the public and private sectors;

(3) to provide Federal assistance for estuary habitat restoration projects through cooperative agreements and to promote efficient financing of such projects; and

(4) to develop and enhance monitoring and research capabilities through the use of the environmental technology innovation program associated with the National Estuarine Research Reserve System established by section 1461 of title 16 to ensure that estuary habitat restoration efforts are based on sound scientific understanding and innovative technologies.

(Pub. L. 106–457, title I, § 102, Nov. 7, 2000, 114 Stat. 1958; Pub. L. 110–114, title V, § 5017(a), Nov. 8, 2007, 121 Stat. 1197.)

§ 2902. Definitions

In this chapter, the following definitions apply:

(1) Council

(2) Estuary

(3) Estuary habitat

(4) Estuary habitat restoration activity

(A) In general

(B) Included activities

The term “estuary habitat restoration activity” includes—

(i) the reestablishment of chemical, physical, hydrologic, and biological features and components associated with an estuary;

(ii) except as provided in subparagraph (C), the cleanup of pollution for the benefit of estuary habitat;

(iii) the control of nonnative and invasive species in the estuary;

(iv) the reintroduction of species native to the estuary, including through such means as planting or promoting natural succession;

(v) the construction of reefs to promote fish and shellfish production and to provide estuary habitat for living resources; and

(vi) other activities that improve estuary habitat.

The term “estuary habitat restoration activity” does not include an activity that—

(i) constitutes mitigation required under any Federal or State law for the adverse effects of an activity regulated or otherwise governed by Federal or State law; or

(ii) constitutes restoration for natural resource damages required under any Federal or State law.

(5) Estuary habitat restoration project

(6) Estuary habitat restoration plan

(A) In general

(B) Included plans and programs

The term “estuary habitat restoration plan” includes estuary habitat restoration components of—

(i) a comprehensive conservation and management plan approved under section 1330 of this title;

(ii) a lakewide management plan or remedial action plan developed under section 1268 of this title;

(iii) a management plan approved under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); and

(iv) the interstate management plan developed pursuant to the Chesapeake Bay program under section 1267 of this title.

(7) Indian tribe

(8) Non-Federal interest

(9) Secretary

(10) State

(Pub. L. 106–457, title I, § 103, Nov. 7, 2000, 114 Stat. 1958; Pub. L. 110–114, title V, § 5017(b), Nov. 8, 2007, 121 Stat. 1197.)

§ 2903. Estuary habitat restoration program

(a) Establishment

(b) Origin of projects

(1) In general

(2) Required elements

Each estuary habitat restoration project selected by the Secretary must—

(A) address restoration needs identified in an estuary habitat restoration plan;

(B) be consistent with the estuary habitat restoration strategy developed under section 2905 of this title;

(C) include a monitoring plan that is consistent with standards for monitoring developed under section 2906 of this title to ensure that short-term and long-term restoration goals are achieved; and

(D) include satisfactory assurance from the non-Federal interests proposing the project that the non-Federal interests will have adequate personnel, funding, and authority to carry out items of local cooperation and properly maintain the project.

(3) Factors for selection of projects

In selecting an estuary habitat restoration project, the Secretary shall consider the following factors:

(A) Whether the project is part of an approved Federal or State estuary management or habitat restoration plan.

(B) The technical feasibility of the project.

(D) Whether the project will encourage increased coordination and cooperation among Federal, State, and local government agencies.

(E) Whether the project fosters public-private partnerships and uses Federal resources to encourage increased private sector involvement, including consideration of the amount of private funds or in-kind contributions for an estuary habitat restoration activity.

(F) Whether the project is cost-effective.

(G) Whether the State in which the non-Federal interest is proposing the project has a dedicated source of funding to acquire or restore estuary habitat, natural areas, and open spaces for the benefit of estuary habitat restoration or protection.

(H) Other factors that the Secretary determines to be reasonable and necessary for consideration.

(4) Priority

In selecting estuary habitat restoration projects to be carried out under this chapter, the Secretary shall give priority consideration to a project if, in addition to meriting selection based on the factors under paragraph (3)—

(A) the project occurs within a watershed in which there is a program being carried out that addresses sources of pollution and other activities that otherwise would re-impair the restored habitat; or

(B) the project includes pilot testing of or a demonstration of an innovative technology or approach having the potential for improved cost-effectiveness in estuary habitat restoration.

(d) Cost sharing

(1) Federal share

(A) In general

(B) Monitoring

(i) Costs

(ii) Goals

The goals of the monitoring shall be—

(I) to measure the effectiveness of the restoration project; and(II) to allow adaptive management to ensure project success.

(2) Innovative technology costs

(3) Non-Federal share

(4) Operation and maintenance

(e) Interim actions

(1) In general

(2) Federal share

(f) Cooperation of non-Federal interests

(1) In general

The Secretary may not carry out an estuary habitat restoration project until a non-Federal interest has entered into a written agreement with the Secretary in which the non-Federal interest agrees to—

(A) provide all lands, easements, rights-of-way, and relocations and any other elements the Secretary determines appropriate under subsection (d)(3); and

(B) provide for long-term maintenance and monitoring of the project.

(2) Nongovernmental organizations

(3) Project agreements

(g) Delegation of project implementation

(1) In general

(2) Small projects

(A) Small project defined

(B) Delegation of project implementation

In carrying out this section, the Secretary, on recommendation of the Council, may delegate implementation of a small project to—

(i) the Secretary of the Interior (acting through the Director of the United States Fish and Wildlife Service);

(ii) the Under Secretary for Oceans and Atmosphere of the Department of Commerce;

(iii) the Administrator of the Environmental Protection Agency; or

(iv) the Secretary of Agriculture.

(D) Agreements

(Pub. L. 106–457, title I, § 104, Nov. 7, 2000, 114 Stat. 1960; Pub. L. 110–114, title V, § 5017(c), Nov. 8, 2007, 121 Stat. 1197; Pub. L. 114–322, title IV, § 5013(a), Dec. 16, 2016, 130 Stat. 1903.)

§ 2904. Establishment of Estuary Habitat Restoration Council

(a) Council

Duties

The Council shall be responsible for—

(1) soliciting, reviewing, and evaluating project proposals and developing recommendations concerning such proposals based on the factors specified in section 2903(c)(3) of this title;

(2) submitting to the Secretary a list of recommended projects, including a recommended priority order and any recommendation as to whether a project should be carried out by the Secretary or by another Federal department or agency under section 2903(g) of this title;

(3) developing and transmitting to Congress a national strategy for restoration of estuary habitat;

(4) periodically reviewing the effectiveness of the national strategy in meeting the purposes of this chapter and, as necessary, updating the national strategy;

(5) providing advice on the development of the database, monitoring standards, and report required under sections 2906 and 2907 of this title;

(6) cooperating in the implementation of the strategy developed under section 2905 of this title;

(7) recommending standards for monitoring for restoration projects and contribution of project information to the database developed under section 2906 of this title; and

(8) otherwise using the respective authorities of the Council members to carry out this chapter.

The Council shall be composed of the following members:

(1) The Secretary (or the Secretary’s designee).

(2) The Under Secretary for Oceans and Atmosphere of the Department of Commerce (or the Under Secretary’s designee).

(3) The Administrator of the Environmental Protection Agency (or the Administrator’s designee).

(4) The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service (or such Secretary’s designee).

(5) The Secretary of Agriculture (or such Secretary’s designee).

(6) The head of any other Federal agency designated by the President to serve as an ex officio member of the Council.

(d) Prohibition of compensation

(e) Chairperson

(f) Convening of Council

(1) First meeting

(2) Additional meetings

(g) Council procedures

(h) Public participation

(i) Advice

The Council shall consult with persons with recognized scientific expertise in estuary or estuary habitat restoration, representatives of State agencies, local or regional government agencies, and nongovernmental organizations with expertise in estuary or estuary habitat restoration, and representatives of Indian tribes, agricultural interests, fishing interests, and other estuary users—

(1) to assist the Council in the development of the estuary habitat restoration strategy to be developed under section 2905 of this title; and

(2) to provide advice and recommendations to the Council on proposed estuary habitat restoration projects, including advice on the scientific merit, technical merit, and feasibility of a project.

(Pub. L. 106–457, title I, § 105, Nov. 7, 2000, 114 Stat. 1962; Pub. L. 110–114, title V, § 5017(d), Nov. 8, 2007, 121 Stat. 1198.)

§ 2905. Estuary habitat restoration strategy

(a) In general

(b) Goal

(c) Integration of estuary habitat restoration plans, programs, and partnershipsIn developing the estuary habitat restoration strategy, the Council shall—

(1) conduct a review of estuary management or habitat restoration plans and Federal programs established under other laws that authorize funding for estuary habitat restoration activities; and

(2) ensure that the estuary habitat restoration strategy is developed in a manner that is consistent with the estuary management or habitat restoration plans.

(d) Elements of the strategyThe estuary habitat restoration strategy shall include proposals, methods, and guidance on—

(1) maximizing the incentives for the creation of new public-private partnerships to carry out estuary habitat restoration projects and the use of Federal resources to encourage increased private sector involvement in estuary habitat restoration activities;

(2) ensuring that the estuary habitat restoration strategy will be implemented in a manner that is consistent with the estuary management or habitat restoration plans;

(3) promoting estuary habitat restoration projects to—

(A) provide healthy ecosystems in order to support—

(i) wildlife, including endangered and threatened species, migratory birds, and resident species of an estuary watershed; and

(ii) fish and shellfish, including commercial and recreational fisheries;

(B) improve surface and ground water quality and quantity, and flood control;

(D) address other areas of concern that the Council determines to be appropriate for consideration;

(4) addressing the estimated historic losses, estimated current rate of loss, and extent of the threat of future loss or degradation of each type of estuary habitat;

(5) measuring the rate of change for each type of estuary habitat;

(6) selecting a balance of smaller and larger estuary habitat restoration projects; and

(7) ensuring equitable geographic distribution of projects funded under this chapter.

(e) Public review and comment

(f) Periodic revision

(Pub. L. 106–457, title I, § 106, Nov. 7, 2000, 114 Stat. 1963.)

§ 2906. Monitoring of estuary habitat restoration projects

(a) Under Secretary

(b) Database of restoration project information

(d) Coordination of data

(e) Use of existing programs

(f) Public availability

(Pub. L. 106–457, title I, § 107, Nov. 7, 2000, 114 Stat. 1964; Pub. L. 110–114, title V, § 5017(e), Nov. 8, 2007, 121 Stat. 1198.)

§ 2907. Reporting

(a) In general

(b) Contents of report

A report under subsection (a) shall include—

(1) data on the number of acres of estuary habitat restored under this chapter, including descriptions of, and partners involved with, projects selected, in progress, and completed under this chapter that comprise those acres;

(2) information from the database established under section 2906(b) of this title related to ongoing monitoring of projects to ensure that short-term and long-term restoration goals are achieved;

(3) an estimate of the long-term success of varying restoration techniques used in carrying out estuary habitat restoration projects;

(4) a review of how the information described in paragraphs (1) through (3) has been incorporated in the selection and implementation of estuary habitat restoration projects;

(5) a review of efforts made to maintain an appropriate database of restoration projects carried out under this chapter; and

(6) a review of the measures taken to provide the information described in paragraphs (1) through (3) to persons with responsibility for assisting in the restoration of estuary habitat.

(Pub. L. 106–457, title I, § 108, Nov. 7, 2000, 114 Stat. 1965; Pub. L. 110–114, title V, § 5017(f), Nov. 8, 2007, 121 Stat. 1198.)

§ 2908. Funding

(a) Authorization of appropriations

(1) Estuary habitat restoration projects

There is authorized to be appropriated for carrying out and providing technical assistance for estuary habitat restoration projects—

(A) to the Secretary, $25,000,000 for each of fiscal years 2008 through 2021;

(B) to the Secretary of the Interior (acting through the Director of the United States Fish and Wildlife Service), $2,500,000 for each of fiscal years 2008 through 2021;

(C) to the Under Secretary for Oceans and Atmosphere of the Department of Commerce, $2,500,000 for each of fiscal years 2008 through 2021;

(D) to the Administrator of the Environmental Protection Agency, $2,500,000 for each of fiscal years 2008 through 2021; and

(E) to the Secretary of Agriculture, $2,500,000 for each of fiscal years 2008 through 2021.

Such sums shall remain available until expended.

(2) Monitoring

(b) Set-aside for administrative expenses of the Council

(Pub. L. 106–457, title I, § 109, Nov. 7, 2000, 114 Stat. 1965; Pub. L. 110–114, title V, § 5017(g), Nov. 8, 2007, 121 Stat. 1198; Pub. L. 114–322, title IV, § 5013(b), Dec. 16, 2016, 130 Stat. 1903.)

§ 2909. General provisions

(a) Agency consultation and coordination

(b) Cooperative agreements; memoranda of understanding

In carrying out this chapter, the Secretary may—

(1) enter into cooperative agreements or contracts with Federal, State, and local government agencies, nongovernmental organizations, and other entities; and

(2) execute such memoranda of understanding as are necessary to reflect the agreements.

(Pub. L. 106–457, title I, § 110, Nov. 7, 2000, 114 Stat. 1966; Pub. L. 110–114, title V, § 5017(h), Nov. 8, 2007, 121 Stat. 1199.)