33 USC 2903 - Estuary habitat restoration program

U.S Code last checked for updates: Apr 27, 2024

§ 2903.

Estuary habitat restoration program

(a)

Establishment

(b)

Origin of projects

(c)

Selection 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.

(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 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.

(C)

Funding

(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.)

cite as: 33 USC 2903