(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 (A) provide all lands, easements, rights-of-way, and relocations and any other elements (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. (Pub. L. 106-457, title I, Sec. 104, Nov. 7, 2000, 114 Stat. 1960.) Section Referred to in Other Sections This section is referred to in sections 2902, 2904 of this title. ESTABLISHMENT OF ESTUARY HABITAT RESTORATION COUNCIL 33 USC 2904 (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 (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. (Pub. L. 106-457, title I, Sec. 105, Nov. 7, 2000, 114 Stat. 1962.) Section Referred to in Other Sections This section is referred to in sections 2902, 2903 of this title. 33 USC 2905 (a) In general ESTUARY HABITAT RESTORATION STRATEGY Not later than 1 year after November 7, 2000, the Council,' 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. 'So in original. The comma probably should not appear. (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. (Pub. L. 106-457, title I, Sec. 106, Nov. 7, 2000, 114 Stat. 1963.) Section Referred to in Other Sections This section is referred to in sections 2903, 2904 of this title. 33 USC 2906 MONITORING OF ESTUARY HABITAT RESTORATION PROJECTS (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 Atmo spheric 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. (Pub. L. 106-457, title I, Sec. 107, Nov. 7, 2000, 114 Stat. 1964.) Section Referred to in Other Sections This section is referred to in sections 2903, 2904, 2907 of this title. 33 USC 2907 REPORTING (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 habi tat. (Pub. L. 106-457, title I, Sec. 108, Nov. 7, 2000, 114 Stat. 1965.) Section Referred to in Other Sections This section is referred to in section 2904 of this title. FUNDING 33 USC 2908 (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. (Pub. L. 106-457, title I, Sec. 109, Nov. 7, 2000, 114 Stat. 1965.) 33 USC 2909 GENERAL PROVISIONS (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 be gin 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. (Pub. L. 106-457, title I, Sec. 110, Nov. 7, 2000, 114 Stat. 1966.) |