§2902. Definitions — Inbound Citations
33 U.S.C. § 2902
Cited by 144 provisions in release 119-102.
Citations to 33 U.S.C. § 2902 as a whole
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(ii) will improve the elements and features of an estuary (as defined in section 2902 of this title); and
Citations to §2902(1)
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(1) 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.
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(B) 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.
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(a) There is established a council to be known as the “Estuary Habitat Restoration Council”.
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(b) 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;(5) providing advice on the development of the database, monitoring standards, and report required under sections 2906 and 2907 of this title;(6) cooperating in the implementation of the strategy developed under section 2905 of this title;(7) recommending standards for monitoring for restoration projects and contribution of project information to the database developed under section 2906 of this title; and(8) otherwise using the respective authorities of the Council members to carry out this chapter.
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(8) otherwise using the respective authorities of the Council members to carry out this chapter.
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(c) The Council shall be composed of the following members:(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).(6) The head of any other Federal agency designated by the President to serve as an ex officio member of the Council.
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(6) The head of any other Federal agency designated by the President to serve as an ex officio member of the Council.
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(e) 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.
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(2) 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.
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(g) The Council shall establish procedures for voting, the conduct of meetings, and other matters, as necessary.
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(i) 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.
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(1) to assist the Council in the development of the estuary habitat restoration strategy to be developed under section 2905 of this title; and
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(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.
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(a) 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.
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(c) 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.
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(D) address other areas of concern that the Council determines to be appropriate for consideration;
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(e) 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.
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(f) 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.
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(b) 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.
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(b) Not to exceed 3 percent of the amounts appropriated for a fiscal year under subsection (a)(1) or $1,500,000, whichever is greater, may be used by the Secretary for administration and operation of the Council.
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(c) 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.
Citations to §2902(2)
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(i) 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.
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(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
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(2) ensure that the estuary habitat restoration strategy is developed in a manner that is consistent with the estuary management or habitat restoration plans.
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(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;
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(i) wildlife, including endangered and threatened species, migratory birds, and resident species of an estuary watershed; and
Citations to §2902(3)
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(1) to promote the restoration of estuary habitat by implementing a coordinated Federal approach to estuary habitat restoration activities, including the use of common monitoring standards and a common system for tracking restoration acreage;
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(2) to develop and implement 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;
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(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.
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(a) There is established an estuary habitat restoration program under which the Secretary may carry out estuary habitat restoration projects and provide technical assistance through the award of contracts and cooperative agreements in accordance with the requirements of this chapter.
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(1) 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.
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(B) be consistent with the estuary habitat restoration strategy developed under section 2905 of this title;
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(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.
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(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.
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(1) 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.
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(2) 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.
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(a) There is established a council to be known as the “Estuary Habitat Restoration Council”.
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(3) developing and transmitting to Congress a national strategy for restoration of estuary habitat;
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(i) 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.
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(1) to assist the Council in the development of the estuary habitat restoration strategy to be developed under section 2905 of this title; and
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(a) 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.
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(b) The goal of the strategy shall be the restoration of 1,000,000 acres of estuary habitat by the year 2010.
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(c) 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.
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(2) ensure that the estuary habitat restoration strategy is developed in a manner that is consistent with the estuary management or habitat restoration plans.
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(d) 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.
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(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;
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(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;
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(5) measuring the rate of change for each type of estuary habitat;
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(e) 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.
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(f) 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.
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(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;
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(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.
Citations to §2902(4)(A)
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(1) to promote the restoration of estuary habitat by implementing a coordinated Federal approach to estuary habitat restoration activities, including the use of common monitoring standards and a common system for tracking restoration acreage;
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(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.
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(1) 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.
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(2) 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.
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(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
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(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;
Citations to §2902(5)
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(3) to provide Federal assistance for estuary habitat restoration projects through cooperative agreements and to promote efficient financing of such projects; and
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(a) There is established an estuary habitat restoration program under which the Secretary may carry out estuary habitat restoration projects and provide technical assistance through the award of contracts and cooperative agreements in accordance with the requirements of this chapter.
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(b) A proposed estuary habitat restoration project shall originate from a non-Federal interest consistent with State or local laws.
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(1) 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.
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(2) 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.
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(3) 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.
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(4) 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.
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(A) 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 chapter shall not exceed 65 percent of such cost.
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(i) The costs of monitoring an estuary habitat restoration project funded under this chapter may be included in the total cost of the estuary habitat restoration project.
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(3) 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 (including monitoring), 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.
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(1) 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.
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(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.
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(a) 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.
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(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;
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(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;
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(6) selecting a balance of smaller and larger estuary habitat restoration projects; and
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(b) 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.
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(d) The Under Secretary shall have general data compilation, coordination, and analysis responsibilities to carry out this chapter and in support of the strategy developed under this section, including compilation of 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.
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(3) an estimate of the long-term success of varying restoration techniques used in carrying out estuary habitat restoration projects;
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(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;
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(1) There is authorized to be appropriated for carrying out and providing technical assistance for estuary habitat restoration projects—(A) to the Secretary, $25,000,000 for each of fiscal years 2008 through 2021;(B) to the Secretary of the Interior (acting through the Director of the United States Fish and Wildlife Service), $2,500,000 for each of fiscal years 2008 through 2021;(C) to the Under Secretary for Oceans and Atmosphere of the Department of Commerce, $2,500,000 for each of fiscal years 2008 through 2021;(D) to the Administrator of the Environmental Protection Agency, $2,500,000 for each of fiscal years 2008 through 2021; and(E) to the Secretary of Agriculture, $2,500,000 for each of fiscal years 2008 through 2021.Such sums shall remain available until expended.
Citations to §2902(6)(A)
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(A) address restoration needs identified in an estuary habitat restoration plan;
Citations to §2902(7)
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(2) 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.
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(i) 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.
Citations to §2902(8)
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(b) A proposed estuary habitat restoration project shall originate from a non-Federal interest consistent with State or local laws.
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(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.
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(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.
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(4) 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.
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(1) 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.
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(2) 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.
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(3) For a project carried out under this chapter, the requirements of section 2213(j)(1) of this title may be fulfilled by a nongovernmental organization serving as the non-Federal interest for the project pursuant to paragraph (2).
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(D) 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.
Citations to §2902(9)
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(a) There is established an estuary habitat restoration program under which the Secretary may carry out estuary habitat restoration projects and provide technical assistance through the award of contracts and cooperative agreements in accordance with the requirements of this chapter.
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(1) 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.
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(2) 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.
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(3) 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.
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(H) Other factors that the Secretary determines to be reasonable and necessary for consideration.
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(4) 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.
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(3) 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 (including monitoring), 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.
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(1) 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.
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(1) 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.
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(A) provide all lands, easements, rights-of-way, and relocations and any other elements the Secretary determines appropriate under subsection (d)(3); and
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(2) 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.
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(B) 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.
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(i) the Secretary of the Interior (acting through the Director of the United States Fish and Wildlife Service);
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(ii) the Under Secretary for Oceans and Atmosphere of the Department of Commerce;
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(iv) the Secretary of Agriculture.
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(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;
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(e) 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.
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(b) 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.
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(d) The Under Secretary shall have general data compilation, coordination, and analysis responsibilities to carry out this chapter and in support of the strategy developed under this section, including compilation of 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.
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(e) The Under Secretary shall use existing programs within the National Oceanic and Atmospheric Administration to create and maintain the database required under this section.
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(f) The Under Secretary shall make the information collected and maintained under this section available to the public.
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(A) to the Secretary, $25,000,000 for each of fiscal years 2008 through 2021;
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(B) to the Secretary of the Interior (acting through the Director of the United States Fish and Wildlife Service), $2,500,000 for each of fiscal years 2008 through 2021;
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(C) to the Under Secretary for Oceans and Atmosphere of the Department of Commerce, $2,500,000 for each of fiscal years 2008 through 2021;
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(E) to the Secretary of Agriculture, $2,500,000 for each of fiscal years 2008 through 2021.
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(2) 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 and other information compiled under section 2906 of this title, $1,500,000 for each of fiscal years 2001 through 2021. Such sums shall remain available until expended.
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(b) Not to exceed 3 percent of the amounts appropriated for a fiscal year under subsection (a)(1) or $1,500,000, whichever is greater, may be used by the Secretary for administration and operation of the Council.
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(a) 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.
Citations to §2902(10)
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(b) A proposed estuary habitat restoration project shall originate from a non-Federal interest consistent with State or local laws.
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(D) Whether the project will encourage increased coordination and cooperation among Federal, State, and local government agencies.
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(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.
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(2) 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.
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(i) 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.
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(d) The Under Secretary shall have general data compilation, coordination, and analysis responsibilities to carry out this chapter and in support of the strategy developed under this section, including compilation of 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.
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(1) enter into cooperative agreements or contracts with Federal, State, and local government agencies, nongovernmental organizations, and other entities; and