§ 2904. Establishment of Estuary Habitat Restoration Council

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 § 105 · 114 Stat. 1957

   Enacted · 33 U.S.C. § 2904

   Pub. L. 106–457, title I, § 105, Nov. 7, 2000, 114 Stat. 1962

   Source evidence

   Code source credit
   Pub. L. 106–457, title I, § 105, Nov. 7, 2000, 114 Stat. 1962

   Enacted provision · exact public law section
   SEC. 105. ESTABLISHMENT OF ESTUARY HABITAT RESTORATION COUNCIL. (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 104(c)(3); (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 104(g); (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 title and, as necessary, updating the national strategy; and (5) providing advice on the development of the database, monitoring standards, and report required under sections 107 and 108. (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 Deadline. meeting of the Council not later than 60 days after the date of enactment of this Act 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 title 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 106; 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.

2. 2007

   Water Resources Development Act of 2007

   Pub. L. 110–114 title V § 5017(d) · 121 Stat. 1041

   Added · 33 U.S.C. § 2904(b)(6)(8)

   Pub. L. 110–114 added pars. (6) to (8)

   Source evidence

   Code amendment note
   Subsec. (b)(6) to (8). Pub. L. 110–114 added pars. (6) to (8).

   Enacted provision · exact public law section
   (d) Establishment of Estuary Habitat Restoration Council.— Section 105(b) of the Estuary Restoration Act of 2000 (33 U.S.C. 2904(b)) is amended— (1) in paragraph (4) by striking “and” after the semicolon; (2) in paragraph (5) by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: “(6) cooperating in the implementation of the strategy developed under section 106; “(7) recommending standards for monitoring for restoration projects and contribution of project information to the database developed under section 107; and “(8) otherwise using the respective authorities of the Council members to carry out this title.” .

2 of 2 references resolved to an enrolled provision