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33 USC CHAPTER 42 - ESTUARY RESTORATION

-CITE-
33 USC CHAPTER 42 - ESTUARY RESTORATION 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 42 - ESTUARY RESTORATION

-HEAD-
CHAPTER 42 - ESTUARY RESTORATION

-MISC1-
Sec.
2901. Purposes.
2902. Definitions.
2903. Estuary habitat restoration program.
(a) Establishment.
(b) Origin of projects.
(c) Selection of projects.
(d) Cost sharing.
(e) Interim actions.
(f) Cooperation of non-Federal interests.
(g) Delegation of project implementation.
2904. Establishment of Estuary Habitat Restoration Council.
(a) Council.
(b) Duties.
(c) Membership.
(d) Prohibition of compensation.
(e) Chairperson.
(f) Convening of Council.
(g) Council procedures.
(h) Public participation.
(i) Advice.
2905. Estuary habitat restoration strategy.
(a) In general.
(b) Goal.
(c) Integration of estuary habitat restoration
plans, programs, and partnerships.
(d) Elements of the strategy.
(e) Public review and comment.
(f) Periodic revision.
2906. Monitoring of estuary habitat restoration projects.
(a) Under Secretary.
(b) Database of restoration project information.
(c) Monitoring data standards.
(d) Coordination of data.
(e) Use of existing programs.
(f) Public availability.
2907. Reporting.
(a) In general.
(b) Contents of report.
2908. Funding.
(a) Authorization of appropriations.
(b) Set-aside for administrative expenses of the
Council.
2909. General provisions.
(a) Agency consultation and coordination.
(b) Cooperative agreements; memoranda of
understanding.
(c) Federal agency facilities and personnel.
(d) Identification and mapping of dredged material
disposal sites.
(e) Study of bioremediation technology.

-End-



-CITE-
33 USC Sec. 2901 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 42 - ESTUARY RESTORATION

-HEAD-
Sec. 2901. Purposes

-STATUTE-
The purposes of this chapter are -
(1) to promote the restoration of estuary habitat;
(2) to develop 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 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.

-SOURCE-
(Pub. L. 106-457, title I, Sec. 102, Nov. 7, 2000, 114 Stat. 1958.)


-MISC1-
SHORT TITLE
Pub. L. 106-457, Sec. 1(a), Nov. 7, 2000, 114 Stat. 1957,
provided that: "This Act [enacting this chapter, sections 1273 and
1300 of this title, and sections 277d-43 to 277d-46 of Title 22,
Foreign Relations and Intercourse, amending sections 1263a, 1267,
1269, 1324, and 1330 of this title, and enacting provisions set out
as notes under this section, sections 1251 and 1267 of this title,
and section 277d-43 of Title 22] may be cited as the 'Estuaries and
Clean Waters Act of 2000'."
Pub. L. 106-457, title I, Sec. 101, Nov. 7, 2000, 114 Stat. 1958,
provided that: "This title [enacting this chapter] may be cited as
the 'Estuary Restoration Act of 2000'."

PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS
Pub. L. 106-457, title IX, Sec. 901, Nov. 7, 2000, 114 Stat.
1981, provided that:
"(a) In General. - It is the sense of Congress that, to the
extent practicable, all equipment and products purchased with funds
made available under this Act [see Short Title note above] should
be American made.
"(b) Notice to Recipients of Assistance. - The head of each
Federal Agency [sic] providing financial assistance under this Act,
to the extent practicable, shall provide to each recipient of the
assistance a notice describing the statement made in subsection
(a)."

LONG-TERM ESTUARY ASSESSMENT
Pub. L. 106-457, title IX, Sec. 902, Nov. 7, 2000, 114 Stat.
1981, provided that:
"(a) In General. - The Secretary of Commerce (acting through the
Under Secretary for Oceans and Atmosphere) and the Secretary of the
Interior (acting through the Director of the Geological Survey) may
carry out a long-term estuary assessment project (in this section
referred to as the 'project') in accordance with the requirements
of this section.
"(b) Purpose. - The purpose of the project shall be to establish
a network of strategic environmental assessment and monitoring
projects for the Mississippi River south of Vicksburg, Mississippi,
and the Gulf of Mexico, in order to develop advanced long-term
assessment and monitoring systems and models relating to the
Mississippi River and other aquatic ecosystems, including
developing equipment and techniques necessary to implement the
project.
"(c) Management Agreement. - To establish, operate, and implement
the project, the Secretary of Commerce and the Secretary of the
Interior may enter into a management agreement with a
university-based consortium.
"(d) Authorization of Appropriations. - There is authorized to be
appropriated -
"(1) $1,000,000 for fiscal year 2001 to develop the management
agreement under subsection (c); and
"(2) $4,000,000 for each of fiscal years 2002, 2003, 2004, and
2005 to carry out the project.
Such sums shall remain available until expended."

-End-



-CITE-
33 USC Sec. 2902 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 42 - ESTUARY RESTORATION

-HEAD-
Sec. 2902. Definitions

-STATUTE-
In this chapter, the following definitions apply:
(1) Council
The term "Council" means the Estuary Habitat Restoration
Council established by section 2904 of this title.
(2) Estuary
The term "estuary" means a part of a river or stream or other
body of water that has an unimpaired connection with the open sea
and where the sea water is measurably diluted with fresh water
derived from land drainage. The term also includes near coastal
waters and wetlands of the Great Lakes that are similar in form
and function to estuaries, including the area located in the
Great Lakes biogeographic region and designated as a National
Estuarine Research Reserve under the Coastal Zone Management Act
of 1972 (16 U.S.C. 1451 et seq.) as of November 7, 2000.
(3) Estuary habitat
The term "estuary habitat" means the physical, biological, and
chemical elements associated with an estuary, including the
complex of physical and hydrologic features and living organisms
within the estuary and associated ecosystems.
(4) Estuary habitat restoration activity
(A) In general
The term "estuary habitat restoration activity" means an
activity that results in improving degraded estuaries or
estuary habitat or creating estuary habitat (including both
physical and functional restoration), with the goal of
attaining a self-sustaining system integrated into the
surrounding landscape.
(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.
(C) Excluded activities
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
The term "estuary habitat restoration project" means a project
to carry out an estuary habitat restoration activity.
(6) Estuary habitat restoration plan
(A) In general
The term "estuary habitat restoration plan" means any Federal
or State plan for restoration of degraded estuary habitat that
was developed with the substantial participation of appropriate
public and private stakeholders.
(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
The term "Indian tribe" has the meaning given such term by
section 450b of title 25.
(8) Non-Federal interest
The term "non-Federal interest" means a State, a political
subdivision of a State, an Indian tribe, a regional or interstate
agency, or, as provided in section 2903(f)(2) of this title, a
nongovernmental organization.
(9) Secretary
The term "Secretary" means the Secretary of the Army.
(10) State
The term "State" means the States of Alabama, Alaska,
California, Connecticut, Delaware, Florida, Georgia, Hawaii,
Illinois, Indiana, Louisiana, Maine, Maryland, Massachusetts,
Michigan, Minnesota, Mississippi, New Hampshire, New Jersey, New
York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island,
South Carolina, Texas, Virginia, Washington, and Wisconsin, the
District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, the United States
Virgin Islands, American Samoa, and Guam.

-SOURCE-
(Pub. L. 106-457, title I, Sec. 103, Nov. 7, 2000, 114 Stat. 1958.)

-REFTEXT-
REFERENCES IN TEXT
The Coastal Zone Management Act of 1972, referred to in pars. (2)
and (6)(B)(iii), is title III of Pub. L. 89-454 as added by Pub. L.
92-583, Oct. 27, 1972, 86 Stat. 1280, as amended, which is
classified generally to chapter 33 (Sec. 1451 et seq.) of Title 16,
Conservation. For complete classification of this Act to the Code,
see Short Title note set out under section 1451 of Title 16 and
Tables.

-End-



-CITE-
33 USC Sec. 2903 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 42 - ESTUARY RESTORATION

-HEAD-
Sec. 2903. Estuary habitat restoration program

-STATUTE-
(a) Establishment
There is established an estuary habitat restoration program under
which the Secretary may carry out estuary habitat restoration
projects and provide technical assistance in accordance with the
requirements of this chapter.
(b) Origin of projects
A proposed estuary habitat restoration project shall originate
from a non-Federal interest consistent with State or local laws.
(c) Selection of projects
(1) In general
The Secretary shall select estuary habitat restoration projects
from a list of project proposals submitted by the Estuary Habitat
Restoration Council under section 2904(b) of this title.
(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
estuary management or habitat restoration plan.
(B) The technical feasibility of the project.
(C) The scientific merit 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 having the potential for improved
cost-effectiveness in estuary habitat restoration.
(d) Cost sharing
(1) Federal share
Except as provided in paragraph (2) and subsection (e)(2) of
this section, the Federal share of the cost of an estuary habitat
restoration project (other than the cost of operation and
maintenance of the project) carried out under this chapter shall
not exceed 65 percent of such cost.
(2) Innovative technology costs
The Federal share of the incremental additional cost of
including in a project pilot testing of or a demonstration of an
innovative technology described in subsection (c)(4)(B) of this
section shall be 85 percent.
(3) Non-Federal share
The non-Federal share of the cost of an estuary habitat
restoration project carried out under this chapter shall include
lands, easements, rights-of-way, and relocations and may include
services, or any other form of in-kind contribution determined by
the Secretary to be an appropriate contribution equivalent to the
monetary amount required for the non-Federal share of the
activity.
(4) Operation and maintenance
The non-Federal interests shall be responsible for all costs
associated with operating, maintaining, replacing, repairing, and
rehabilitating all projects carried out under this section.
(e) Interim actions
(1) In general
Pending completion of the estuary habitat restoration strategy
to be developed under section 2905 of this title, the Secretary
may take interim actions to carry out an estuary habitat
restoration activity.
(2) Federal share
The Federal share of the cost of an estuary habitat restoration
activity before the completion of the estuary habitat restoration
strategy shall not exceed 25 percent of such cost.
(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) of this section; and
(B) provide for maintenance and monitoring of the project.
(2) Nongovernmental organizations
Notwithstanding section 1962d-5b(b) of title 42, for any
project to be undertaken under this chapter, the Secretary, in
consultation and coordination with appropriate State and local
governmental agencies and Indian tribes, may allow a
nongovernmental organization to serve as the non-Federal interest
for the project.
(g) Delegation of project implementation
In carrying out this chapter, the Secretary may delegate project
implementation to another Federal department or agency on a
reimbursable basis if the Secretary, upon the recommendation of the
Council, determines such delegation is appropriate.

-SOURCE-
(Pub. L. 106-457, title I, Sec. 104, Nov. 7, 2000, 114 Stat. 1960.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2902, 2904 of this title.

-End-



-CITE-
33 USC Sec. 2904 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 42 - ESTUARY RESTORATION

-HEAD-
Sec. 2904. Establishment of Estuary Habitat Restoration Council

-STATUTE-
(a) Council
There is established a council to be known as the "Estuary
Habitat Restoration Council".
(b) 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; and
(5) providing advice on the development of the database,
monitoring standards, and report required under sections 2906 and
2907 of this title.
(c) Membership
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
Members of the Council may not receive compensation for their
service as members of the Council.
(e) Chairperson
The chairperson shall be elected by the Council from among its
members for a 3-year term, except that the first elected
chairperson may serve a term of fewer than 3 years.
(f) Convening of Council
(1) First meeting
The Secretary shall convene the first meeting of the Council
not later than 60 days after November 7, 2000, for the purpose of
electing a chairperson.
(2) Additional meetings
The chairperson shall convene additional meetings of the
Council as often as appropriate to ensure that this chapter is
fully carried out, but not less often than annually.
(g) Council procedures
The Council shall establish procedures for voting, the conduct of
meetings, and other matters, as necessary.
(h) Public participation
Meetings of the Council shall be open to the public. The Council
shall provide notice to the public of such meetings.
(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.

-SOURCE-
(Pub. L. 106-457, title I, Sec. 105, Nov. 7, 2000, 114 Stat. 1962.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2902, 2903 of this title.

-End-



-CITE-
33 USC Sec. 2905 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 42 - ESTUARY RESTORATION

-HEAD-
Sec. 2905. Estuary habitat restoration strategy

-STATUTE-
(a) In general
Not later than 1 year after November 7, 2000, the Council, (!1)
shall develop an estuary habitat restoration strategy designed to
ensure a comprehensive approach to maximize benefits derived from
estuary habitat restoration projects and to foster the coordination
of Federal and non-Federal activities related to restoration of
estuary habitat.

(b) Goal
The goal of the strategy shall be the restoration of 1,000,000
acres of estuary habitat by the year 2010.
(c) Integration of estuary habitat restoration plans, programs, and
partnerships
In 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 strategy
The 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;
(C) provide outdoor recreation; and
(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
Before the Council adopts a final or revised estuary habitat
restoration strategy, the Secretary shall publish in the Federal
Register a draft of the estuary habitat restoration strategy and
provide an opportunity for public review and comment.
(f) Periodic revision
Using data and information developed through project monitoring
and management, and other relevant information, the Council may
periodically review and update, as necessary, the estuary habitat
restoration strategy.

-SOURCE-
(Pub. L. 106-457, title I, Sec. 106, Nov. 7, 2000, 114 Stat. 1963.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2903, 2904 of this title.

-FOOTNOTE-
(!1) So in original. The comma probably should not appear.


-End-



-CITE-
33 USC Sec. 2906 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 42 - ESTUARY RESTORATION

-HEAD-
Sec. 2906. Monitoring of estuary habitat restoration projects

-STATUTE-
(a) Under Secretary
In this section, the term "Under Secretary" means the Under
Secretary for Oceans and Atmosphere of the Department of Commerce.
(b) Database of restoration project information
The Under Secretary, in consultation with the Council, shall
develop and maintain an appropriate database of information
concerning estuary habitat restoration projects carried out under
this chapter, including information on project techniques, project
completion, monitoring data, and other relevant information.
(c) Monitoring data standards
The Under Secretary, in consultation with the Council, shall
develop standard data formats for monitoring projects, along with
requirements for types of data collected and frequency of
monitoring.
(d) Coordination of data
The Under Secretary shall compile information that pertains to
estuary habitat restoration projects from other Federal, State, and
local sources and that meets the quality control requirements and
data standards established under this section.
(e) Use of existing programs
The Under Secretary shall use existing programs within the
National Oceanic and Atmospheric Administration to create and
maintain the database required under this section.
(f) Public availability
The Under Secretary shall make the information collected and
maintained under this section available to the public.

-SOURCE-
(Pub. L. 106-457, title I, Sec. 107, Nov. 7, 2000, 114 Stat. 1964.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2903, 2904, 2907 of this
title.

-End-



-CITE-
33 USC Sec. 2907 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 42 - ESTUARY RESTORATION

-HEAD-
Sec. 2907. Reporting

-STATUTE-
(a) In general
At the end of the third and fifth fiscal years following November
7, 2000, the Secretary, after considering the advice and
recommendations of the Council, shall transmit to Congress a report
on the results of activities carried out under this chapter.
(b) Contents of report
A report under subsection (a) of this section 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.

-SOURCE-
(Pub. L. 106-457, title I, Sec. 108, Nov. 7, 2000, 114 Stat. 1965.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2904 of this title.

-End-



-CITE-
33 USC Sec. 2908 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 42 - ESTUARY RESTORATION

-HEAD-
Sec. 2908. Funding

-STATUTE-
(a) Authorization of appropriations
(1) Estuary habitat restoration projects
There is authorized to be appropriated to the Secretary for
carrying out and providing technical assistance for estuary
habitat restoration projects -
(A) $40,000,000 for fiscal year 2001;
(B) $50,000,000 for each of fiscal years 2002 and 2003;
(C) $60,000,000 for fiscal year 2004; and
(D) $75,000,000 for fiscal year 2005.

Such sums shall remain available until expended.
(2) Monitoring
There is authorized to be appropriated to the Under Secretary
for Oceans and Atmosphere of the Department of Commerce for the
acquisition, maintenance, and management of monitoring data on
restoration projects carried out under this chapter, $1,500,000
for each of fiscal years 2001 through 2005. Such sums shall
remain available until expended.
(b) Set-aside for administrative expenses of the Council
Not to exceed 3 percent of the amounts appropriated for a fiscal
year under subsection (a)(1) of this section or $1,500,000,
whichever is greater, may be used by the Secretary for
administration and operation of the Council.

-SOURCE-
(Pub. L. 106-457, title I, Sec. 109, Nov. 7, 2000, 114 Stat. 1965.)

-End-



-CITE-
33 USC Sec. 2909 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 42 - ESTUARY RESTORATION

-HEAD-
Sec. 2909. General provisions

-STATUTE-
(a) Agency consultation and coordination
In carrying out this chapter, the Secretary shall, as necessary,
consult with, cooperate with, and coordinate its activities with
the activities of other Federal departments and agencies.
(b) Cooperative agreements; memoranda of understanding
In carrying out this chapter, the Secretary may -
(1) enter into cooperative agreements with Federal, State, and
local government agencies and other entities; and
(2) execute such memoranda of understanding as are necessary to
reflect the agreements.
(c) Federal agency facilities and personnel
Federal agencies may cooperate in carrying out scientific and
other programs necessary to carry out this chapter, and may provide
facilities and personnel, for the purpose of assisting the Council
in carrying out its duties under this chapter.
(d) Identification and mapping of dredged material disposal sites
In consultation with appropriate Federal and non-Federal public
entities, the Secretary shall undertake, and update as warranted by
changed conditions, surveys to identify and map sites appropriate
for beneficial uses of dredged material for the protection,
restoration, and creation of aquatic and ecologically related
habitats, including wetlands, in order to further the purposes of
this chapter.
(e) Study of bioremediation technology
(1) In general
Not later than 180 days after November 7, 2000, the
Administrator of the Environmental Protection Agency, with the
participation of the estuarine scientific community, shall begin
a 2-year study on the efficacy of bioremediation products.
(2) Requirements
The study shall -
(A) evaluate and assess bioremediation technology -
(i) on low-level petroleum hydrocarbon contamination from
recreational boat bilges;
(ii) on low-level petroleum hydrocarbon contamination from
stormwater discharges;
(iii) on nonpoint petroleum hydrocarbon discharges; and
(iv) as a first response tool for petroleum hydrocarbon
spills; and

(B) recommend management actions to optimize the return of a
healthy and balanced ecosystem and make improvements in the
quality and character of estuarine waters.

-SOURCE-
(Pub. L. 106-457, title I, Sec. 110, Nov. 7, 2000, 114 Stat. 1966.)

-End-