§ 2903. Estuary habitat restoration program

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2000

   Estuary Restoration Act of 2000

   Pub. L. 106–457 title I § 104 · 114 Stat. 1957

   Enacted · 33 U.S.C. § 2903

   Pub. L. 106–457, title I, § 104, Nov. 7, 2000, 114 Stat. 1960

   Source evidence

   Code source credit
   Pub. L. 106–457, title I, § 104, Nov. 7, 2000, 114 Stat. 1960

   Enacted provision · exact public law section
   SEC. 104. ESTUARY HABITAT RESTORATION PROGRAM. (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 title. (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 105(b). (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 106; (C) include a monitoring plan that is consistent with standards for monitoring developed under section 107 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 title, 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 reimpair 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), 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 title 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) 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 title 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 106, 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); and (B) provide for maintenance and monitoring of the project. (2) Nongovernmental organizations.— Notwithstanding section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project to be undertaken under this title, 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 title, 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.

2. 2007

   Water Resources Development Act of 2007

   Pub. L. 110–114 § 5017(c)(1) · 121 Stat. 1041

   Inserted · 33 U.S.C. § 2903(a)

   Pub. L. 110–114, § 5017(c)(1), inserted “through the award of contracts and cooperative agreements” after “assistance”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 110–114, § 5017(c)(1), inserted “through the award of contracts and cooperative agreements” after “assistance”.

   Enacted provision · exact public law section
   (1) in subsection (a) by inserting “through the award of contracts and cooperative agreements” after “assistance”;

3. 2007

   Water Resources Development Act of 2007

   Pub. L. 110–114 § 5017(c)(2)(A) · 121 Stat. 1041

   Inserted · 33 U.S.C. § 2903(c)(3)(A)

   Pub. L. 110–114, § 5017(c)(2)(A), inserted “or State” after “Federal”

   Source evidence

   Code amendment note
   Subsec. (c)(3)(A). Pub. L. 110–114, § 5017(c)(2)(A), inserted “or State” after “Federal”.

   Enacted provision · exact public law section
   (A) in paragraph (3)(A) by inserting “or State” after “Federal”; and

4. 2007

   Water Resources Development Act of 2007

   Pub. L. 110–114 § 5017(c)(2)(B) · 121 Stat. 1041

   Inserted · 33 U.S.C. § 2903(c)(4)(B)

   Pub. L. 110–114, § 5017(c)(2)(B), inserted “or approach” after “technology”

   Source evidence

   Code amendment note
   Subsec. (c)(4)(B). Pub. L. 110–114, § 5017(c)(2)(B), inserted “or approach” after “technology”.

   Enacted provision · exact public law section
   (B) in paragraph (4)(B) by inserting “or approach” after “technology”;

5. 2007

   Water Resources Development Act of 2007

   Pub. L. 110–114 § 5017(c)(3)(A) · 121 Stat. 1041

   1. Amended · 33 U.S.C. § 2903(d)(1)

      Pub. L. 110–114, § 5017(c)(3)(A), designated existing provisions as subpar. (A)

   2. Inserted · 33 U.S.C. § 2903(d)(1)

      Pub. L. 110–114, § 5017(c)(3)(A), inserted heading

   3. Added · 33 U.S.C. § 2903(d)(1)

      Pub. L. 110–114, § 5017(c)(3)(A), added subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 110–114, § 5017(c)(3)(A), designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).

   Enacted provision · exact public law section
   (A) in paragraph (1)— (i) by striking “Except” and inserting the following: “(A) In general.— Except” ; and (ii) by adding at the end the following: “(B) Monitoring.— “(i) Costs.— The costs of monitoring an estuary habitat restoration project funded under this title may be included in the total cost of the estuary habitat restoration project. “(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.” ;

6. 2007

   Water Resources Development Act of 2007

   Pub. L. 110–114 § 5017(c)(3)(B) · 121 Stat. 1041

   Inserted · 33 U.S.C. § 2903(d)(2)

   Pub. L. 110–114, § 5017(c)(3)(B), inserted “or approach” after “technology”

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 110–114, § 5017(c)(3)(B), inserted “or approach” after “technology”.

   Enacted provision · exact public law section
   (B) in paragraph (2) by inserting “or approach” after “technology”; and

7. 2007

   Water Resources Development Act of 2007

   Pub. L. 110–114 § 5017(c)(3)(C) · 121 Stat. 1041

   Inserted · 33 U.S.C. § 2903(d)(3)

   Pub. L. 110–114, § 5017(c)(3)(C), inserted “(including monitoring)” after “services”

   Source evidence

   Code amendment note
   Subsec. (d)(3). Pub. L. 110–114, § 5017(c)(3)(C), inserted “(including monitoring)” after “services”.

   Enacted provision · exact public law section
   (C) in paragraph (3) by inserting “(including monitoring)” after “services”;

8. 2007

   Water Resources Development Act of 2007

   Pub. L. 110–114 § 5017(c)(4) · 121 Stat. 1041

   Inserted · 33 U.S.C. § 2903(f)(1)(B)

   Pub. L. 110–114, § 5017(c)(4), inserted “long-term” before “maintenance”

   Source evidence

   Code amendment note
   Subsec. (f)(1)(B). Pub. L. 110–114, § 5017(c)(4), inserted “long-term” before “maintenance”.

   Enacted provision · exact public law section
   (4) in subsection (f)(1)(B) by inserting “long-term” before “maintenance”; and

9. 2007

   Water Resources Development Act of 2007

   Pub. L. 110–114 § 5017(c)(5) · 121 Stat. 1041

   1. Amended · 33 U.S.C. § 2903(g)

      Pub. L. 110–114, § 5017(c)(5), designated existing provisions as par. (1)

   2. Inserted · 33 U.S.C. § 2903(g)

      Pub. L. 110–114, § 5017(c)(5), inserted heading

   3. Added · 33 U.S.C. § 2903(g)

      Pub. L. 110–114, § 5017(c)(5), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 110–114, § 5017(c)(5), designated existing provisions as par. (1), inserted heading, and added par. (2).

   Enacted provision · exact public law section
   (5) in subsection (g)— (A) by striking “In carrying” and inserting the following: “(1) In general.— In carrying” ; and (B) by adding at the end the following: “(2) Small projects.— “(A) Small project defined.— In this paragraph, the term ‘small project’ means a project carried out under this title with an estimated Federal cost of less than $1,000,000. “(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.— A small project delegated to the head of a Federal department or agency under this paragraph may be carried out using funds appropriated to the department or agency under section 109(a)(1) or other funds available to the department or agency. “(D) Agreements.— The head of a Federal department or agency to which a small project is delegated under this paragraph shall enter into an agreement with the non-Federal interest for the project generally in conformance with the criteria in subsections (d) and (e). Cooperative agreements may be used for any delegated project to allow the non-Federal interest to carry out the project on behalf of the Federal agency.” .

10. 2016

    Water Infrastructure Improvements for the Nation Act

    Pub. L. 114–322 title IV § 5013(a) · 130 Stat. 1628

    Added · 33 U.S.C. § 2903(f)(3)

    Pub. L. 114–322 added par. (3)

    Source evidence

    Code amendment note
    Subsec. (f)(3). Pub. L. 114–322 added par. (3).

    Enacted provision · exact public law section
    (a) Participation of Non-Federal Interests.— Section 104(f) of the Estuary Restoration Act of 2000 (33 U.S.C. 2903(f)) is amended by adding at the end the following: “(3) Project agreements.— For a project carried out under this title, the requirements of section 103(j)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(j)(1)) may be fulfilled by a nongovernmental organization serving as the non-Federal interest for the project pursuant to paragraph (2).” .

14 of 14 references resolved to an enrolled provision