33 USC 2902 - Definitions

U.S Code last checked for updates: May 20, 2024

§ 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.

(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

(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.)

cite as: 33 USC 2902