US (United States) Code. Title 32. Chapter 42: Estuary restoration

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Navigation and navigable waters

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 21 páginas
publicidad
publicidad

-CITE-

33 USC CHAPTER 42 - ESTUARY RESTORATION 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 42 - ESTUARY RESTORATION

-HEAD-

CHAPTER 42 - ESTUARY RESTORATION

-MISC1-

Sec.

2901. Purposes.

2902. Definitions.

2903. Estuary habitat restoration program.

(a) Establishment.

(b) Origin of projects.

(c) Selection of projects.

(d) Cost sharing.

(e) Interim actions.

(f) Cooperation of non-Federal interests.

(g) Delegation of project implementation.

2904. Establishment of Estuary Habitat Restoration Council.

(a) Council.

(b) Duties.

(c) Membership.

(d) Prohibition of compensation.

(e) Chairperson.

(f) Convening of Council.

(g) Council procedures.

(h) Public participation.

(i) Advice.

2905. Estuary habitat restoration strategy.

(a) In general.

(b) Goal.

(c) Integration of estuary habitat restoration

plans, programs, and partnerships.

(d) Elements of the strategy.

(e) Public review and comment.

(f) Periodic revision.

2906. Monitoring of estuary habitat restoration projects.

(a) Under Secretary.

(b) Database of restoration project information.

(c) Monitoring data standards.

(d) Coordination of data.

(e) Use of existing programs.

(f) Public availability.

2907. Reporting.

(a) In general.

(b) Contents of report.

2908. Funding.

(a) Authorization of appropriations.

(b) Set-aside for administrative expenses of the

Council.

2909. General provisions.

(a) Agency consultation and coordination.

(b) Cooperative agreements; memoranda of

understanding.

(c) Federal agency facilities and personnel.

(d) Identification and mapping of dredged material

disposal sites.

(e) Study of bioremediation technology.

-End-

-CITE-

33 USC Sec. 2901 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 42 - ESTUARY RESTORATION

-HEAD-

Sec. 2901. Purposes

-STATUTE-

The purposes of this chapter are -

(1) to promote the restoration of estuary habitat;

(2) to develop a national estuary habitat restoration strategy

for creating and maintaining effective estuary habitat

restoration partnerships among public agencies at all levels of

government and to establish new partnerships between the public

and private sectors;

(3) to provide Federal assistance for estuary habitat

restoration projects and to promote efficient financing of such

projects; and

(4) to develop and enhance monitoring and research capabilities

through the use of the environmental technology innovation

program associated with the National Estuarine Research Reserve

System established by section 1461 of title 16 to ensure that

estuary habitat restoration efforts are based on sound scientific

understanding and innovative technologies.

-SOURCE-

(Pub. L. 106-457, title I, Sec. 102, Nov. 7, 2000, 114 Stat. 1958.)

-MISC1-

SHORT TITLE

Pub. L. 106-457, Sec. 1(a), Nov. 7, 2000, 114 Stat. 1957,

provided that: "This Act [enacting this chapter, sections 1273 and

1300 of this title, and sections 277d-43 to 277d-46 of Title 22,

Foreign Relations and Intercourse, amending sections 1263a, 1267,

1269, 1324, and 1330 of this title, and enacting provisions set out

as notes under this section, sections 1251 and 1267 of this title,

and section 277d-43 of Title 22] may be cited as the 'Estuaries and

Clean Waters Act of 2000'."

Pub. L. 106-457, title I, Sec. 101, Nov. 7, 2000, 114 Stat. 1958,

provided that: "This title [enacting this chapter] may be cited as

the 'Estuary Restoration Act of 2000'."

PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS

Pub. L. 106-457, title IX, Sec. 901, Nov. 7, 2000, 114 Stat.

1981, provided that:

"(a) In General. - It is the sense of Congress that, to the

extent practicable, all equipment and products purchased with funds

made available under this Act [see Short Title note above] should

be American made.

"(b) Notice to Recipients of Assistance. - The head of each

Federal Agency [sic] providing financial assistance under this Act,

to the extent practicable, shall provide to each recipient of the

assistance a notice describing the statement made in subsection

(a)."

LONG-TERM ESTUARY ASSESSMENT

Pub. L. 106-457, title IX, Sec. 902, Nov. 7, 2000, 114 Stat.

1981, provided that:

"(a) In General. - The Secretary of Commerce (acting through the

Under Secretary for Oceans and Atmosphere) and the Secretary of the

Interior (acting through the Director of the Geological Survey) may

carry out a long-term estuary assessment project (in this section

referred to as the 'project') in accordance with the requirements

of this section.

"(b) Purpose. - The purpose of the project shall be to establish

a network of strategic environmental assessment and monitoring

projects for the Mississippi River south of Vicksburg, Mississippi,

and the Gulf of Mexico, in order to develop advanced long-term

assessment and monitoring systems and models relating to the

Mississippi River and other aquatic ecosystems, including

developing equipment and techniques necessary to implement the

project.

"(c) Management Agreement. - To establish, operate, and implement

the project, the Secretary of Commerce and the Secretary of the

Interior may enter into a management agreement with a

university-based consortium.

"(d) Authorization of Appropriations. - There is authorized to be

appropriated -

"(1) $1,000,000 for fiscal year 2001 to develop the management

agreement under subsection (c); and

"(2) $4,000,000 for each of fiscal years 2002, 2003, 2004, and

2005 to carry out the project.

Such sums shall remain available until expended."

-End-

-CITE-

33 USC Sec. 2902 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 42 - ESTUARY RESTORATION

-HEAD-

Sec. 2902. Definitions

-STATUTE-

In this chapter, the following definitions apply:

(1) Council

The term "Council" means the Estuary Habitat Restoration

Council established by section 2904 of this title.

(2) Estuary

The term "estuary" means a part of a river or stream or other

body of water that has an unimpaired connection with the open sea

and where the sea water is measurably diluted with fresh water

derived from land drainage. The term also includes near coastal

waters and wetlands of the Great Lakes that are similar in form

and function to estuaries, including the area located in the

Great Lakes biogeographic region and designated as a National

Estuarine Research Reserve under the Coastal Zone Management Act

of 1972 (16 U.S.C. 1451 et seq.) as of November 7, 2000.

(3) Estuary habitat

The term "estuary habitat" means the physical, biological, and

chemical elements associated with an estuary, including the

complex of physical and hydrologic features and living organisms

within the estuary and associated ecosystems.

(4) Estuary habitat restoration activity

(A) In general

The term "estuary habitat restoration activity" means an

activity that results in improving degraded estuaries or

estuary habitat or creating estuary habitat (including both

physical and functional restoration), with the goal of

attaining a self-sustaining system integrated into the

surrounding landscape.

(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

The term "estuary habitat restoration project" means a project

to carry out an estuary habitat restoration activity.

(6) Estuary habitat restoration plan

(A) In general

The term "estuary habitat restoration plan" means any Federal

or State plan for restoration of degraded estuary habitat that

was developed with the substantial participation of appropriate

public and private stakeholders.

(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

The term "Indian tribe" has the meaning given such term by

section 450b of title 25.

(8) Non-Federal interest

The term "non-Federal interest" means a State, a political

subdivision of a State, an Indian tribe, a regional or interstate

agency, or, as provided in section 2903(f)(2) of this title, a

nongovernmental organization.

(9) Secretary

The term "Secretary" means the Secretary of the Army.

(10) State

The term "State" means the States of Alabama, Alaska,

California, Connecticut, Delaware, Florida, Georgia, Hawaii,

Illinois, Indiana, Louisiana, Maine, Maryland, Massachusetts,

Michigan, Minnesota, Mississippi, New Hampshire, New Jersey, New

York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island,

South Carolina, Texas, Virginia, Washington, and Wisconsin, the

District of Columbia, the Commonwealth of Puerto Rico, the

Commonwealth of the Northern Mariana Islands, the United States

Virgin Islands, American Samoa, and Guam.

-SOURCE-

(Pub. L. 106-457, title I, Sec. 103, Nov. 7, 2000, 114 Stat. 1958.)

-REFTEXT-

REFERENCES IN TEXT

The Coastal Zone Management Act of 1972, referred to in pars. (2)

and (6)(B)(iii), is title III of Pub. L. 89-454 as added by Pub. L.

92-583, Oct. 27, 1972, 86 Stat. 1280, as amended, which is

classified generally to chapter 33 (Sec. 1451 et seq.) of Title 16,

Conservation. For complete classification of this Act to the Code,

see Short Title note set out under section 1451 of Title 16 and

Tables.

-End-

-CITE-

33 USC Sec. 2903 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 42 - ESTUARY RESTORATION

-HEAD-

Sec. 2903. Estuary habitat restoration program

-STATUTE-

(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 chapter.

(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 2904(b) of this title.

(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

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 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) of

this section, 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 chapter 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) of this

section 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 chapter 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 2905 of this title, 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) of this section; and

(B) provide for maintenance and monitoring of the project.

(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.

-SOURCE-

(Pub. L. 106-457, title I, Sec. 104, Nov. 7, 2000, 114 Stat. 1960.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2902, 2904 of this title.

-End-

-CITE-

33 USC Sec. 2904 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 42 - ESTUARY RESTORATION

-HEAD-

Sec. 2904. Establishment of Estuary Habitat Restoration Council

-STATUTE-

(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 November 7, 2000, 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 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.

-SOURCE-

(Pub. L. 106-457, title I, Sec. 105, Nov. 7, 2000, 114 Stat. 1962.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2902, 2903 of this title.

-End-

-CITE-

33 USC Sec. 2905 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 42 - ESTUARY RESTORATION

-HEAD-

Sec. 2905. Estuary habitat restoration strategy

-STATUTE-

(a) In general

Not later than 1 year after November 7, 2000, the Council, (!1)

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.

(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.

-SOURCE-

(Pub. L. 106-457, title I, Sec. 106, Nov. 7, 2000, 114 Stat. 1963.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2903, 2904 of this title.

-FOOTNOTE-

(!1) So in original. The comma probably should not appear.

-End-

-CITE-

33 USC Sec. 2906 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 42 - ESTUARY RESTORATION

-HEAD-

Sec. 2906. Monitoring of estuary habitat restoration projects

-STATUTE-

(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 Atmospheric 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.

-SOURCE-

(Pub. L. 106-457, title I, Sec. 107, Nov. 7, 2000, 114 Stat. 1964.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2903, 2904, 2907 of this

title.

-End-

-CITE-

33 USC Sec. 2907 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 42 - ESTUARY RESTORATION

-HEAD-

Sec. 2907. Reporting

-STATUTE-

(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

habitat.

-SOURCE-

(Pub. L. 106-457, title I, Sec. 108, Nov. 7, 2000, 114 Stat. 1965.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2904 of this title.

-End-

-CITE-

33 USC Sec. 2908 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 42 - ESTUARY RESTORATION

-HEAD-

Sec. 2908. Funding

-STATUTE-

(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.

-SOURCE-

(Pub. L. 106-457, title I, Sec. 109, Nov. 7, 2000, 114 Stat. 1965.)

-End-

-CITE-

33 USC Sec. 2909 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 42 - ESTUARY RESTORATION

-HEAD-

Sec. 2909. General provisions

-STATUTE-

(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 begin

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.

-SOURCE-

(Pub. L. 106-457, title I, Sec. 110, Nov. 7, 2000, 114 Stat. 1966.)

-End-