---
kind: "section"
citation: "33 U.S.C. § 2903"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "2903"
heading: "Estuary habitat restoration program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/2903"
units:
  - "Chapter 42 — Estuary Restoration"
---

# §2903. Estuary habitat restoration program

- (a) **Establishment—** There is established an [estuary habitat](/usc/33/2902.md?p=3) restoration program under which the [Secretary](/usc/33/2902.md?p=9) may carry out [estuary habitat restoration projects](/usc/33/2902.md?p=5) and provide technical assistance through the award of contracts and cooperative agreements in accordance with the requirements of this chapter.
- (b) **Origin of projects—** A proposed [estuary habitat restoration project](/usc/33/2902.md?p=5) shall originate from a [non-Federal interest](/usc/33/2902.md?p=8) consistent with [State](/usc/33/2902.md?p=10) or local laws.
- (c) **Selection of projects—**
  - (1) **In general—** The [Secretary](/usc/33/2902.md?p=9) shall select [estuary habitat restoration projects](/usc/33/2902.md?p=5) from a list of project proposals submitted by the [Estuary Habitat](/usc/33/2902.md?p=3) Restoration [Council](/usc/33/2902.md?p=1) under [section 2904(b) of this title](/usc/33/2904.md?p=b).
  - (2) **Required elements—** Each [estuary habitat restoration project](/usc/33/2902.md?p=5) selected by the [Secretary](/usc/33/2902.md?p=9) must—
    - (A) address restoration needs identified in an [estuary habitat restoration plan](/usc/33/2902.md?p=6-A);
    - (B) be consistent with the [estuary habitat](/usc/33/2902.md?p=3) restoration strategy developed under [section 2905 of this title](/usc/33/2905.md);
    - (C) include a monitoring plan that is consistent with standards for monitoring developed under [section 2906 of this title](/usc/33/2906.md) to ensure that short-term and long-term restoration goals are achieved; and
    - (D) include satisfactory assurance from the [non-Federal interests](/usc/33/2902.md?p=8) proposing the project that the [non-Federal interests](/usc/33/2902.md?p=8) 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](/usc/33/2902.md?p=5), the [Secretary](/usc/33/2902.md?p=9) shall consider the following factors:
    - (A) Whether the project is part of an approved Federal or [State](/usc/33/2902.md?p=10) [estuary](/usc/33/2902.md?p=2) 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](/usc/33/2902.md?p=10), 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](/usc/33/2902.md?p=4-A).
    - (F) Whether the project is cost-effective.
    - (G) Whether the [State](/usc/33/2902.md?p=10) in which the [non-Federal interest](/usc/33/2902.md?p=8) is proposing the project has a dedicated source of funding to acquire or restore [estuary habitat](/usc/33/2902.md?p=3), natural areas, and open spaces for the benefit of [estuary habitat](/usc/33/2902.md?p=3) restoration or protection.
    - (H) Other factors that the [Secretary](/usc/33/2902.md?p=9) determines to be reasonable and necessary for consideration.
  - (4) **Priority—** In selecting [estuary habitat restoration projects](/usc/33/2902.md?p=5) to be carried out under this chapter, the [Secretary](/usc/33/2902.md?p=9) shall give priority consideration to a project if, in addition to meriting selection based on the factors under [paragraph (3)](#c-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](/usc/33/2902.md?p=3) restoration.
- (d) **Cost sharing—**
  - (1) **Federal share—**
    - (A) **In general—** Except as provided in [paragraph (2)](#d-2) and [subsection (e)(2)](#e-2), the Federal share of the cost of an [estuary habitat restoration project](/usc/33/2902.md?p=5) (other than the cost of operation and maintenance of the project) carried out under this chapter shall not exceed 65 percent of such cost.
    - (B) **Monitoring—**
      - (i) **Costs—** The costs of monitoring an [estuary habitat restoration project](/usc/33/2902.md?p=5) funded under this chapter may be included in the total cost of the [estuary habitat restoration project](/usc/33/2902.md?p=5).
      - (ii) **Goals—** The goals of the monitoring shall be—
        - (I) to measure the effectiveness of the restoration project; and
        - (II) to allow adaptive management to ensure project success.
  - (2) **Innovative technology costs—** The Federal share of the incremental additional cost of including in a project pilot testing of or a demonstration of an innovative technology or approach described in [subsection (c)(4)(B)](#c-4-B) shall be 85 percent.
  - (3) **Non-Federal share—** The non-Federal share of the cost of an [estuary habitat restoration project](/usc/33/2902.md?p=5) 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](/usc/33/2902.md?p=9) 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](/usc/33/2902.md?p=8) 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](/usc/33/2902.md?p=3) restoration strategy to be developed under [section 2905 of this title](/usc/33/2905.md), the [Secretary](/usc/33/2902.md?p=9) may take interim actions to carry out an [estuary habitat restoration activity](/usc/33/2902.md?p=4-A).
  - (2) **Federal share—** The Federal share of the cost of an [estuary habitat restoration activity](/usc/33/2902.md?p=4-A) before the completion of the [estuary habitat](/usc/33/2902.md?p=3) restoration strategy shall not exceed 25 percent of such cost.
- (f) **Cooperation of non-Federal interests—**
  - (1) **In general—** The [Secretary](/usc/33/2902.md?p=9) may not carry out an [estuary habitat restoration project](/usc/33/2902.md?p=5) until a [non-Federal interest](/usc/33/2902.md?p=8) has entered into a written agreement with the [Secretary](/usc/33/2902.md?p=9) in which the [non-Federal interest](/usc/33/2902.md?p=8) agrees to—
    - (A) provide all lands, easements, rights-of-way, and relocations and any other elements the [Secretary](/usc/33/2902.md?p=9) determines appropriate under [subsection (d)(3)](#d-3); and
    - (B) provide for long-term maintenance and monitoring of the project.
  - (2) **Nongovernmental organizations—** Notwithstanding [section 1962d–5b(b) of title 42](/usc/42/1962d–5b.md?p=b), for any project to be undertaken under this chapter, the [Secretary](/usc/33/2902.md?p=9), in consultation and coordination with appropriate [State](/usc/33/2902.md?p=10) and local governmental agencies and [Indian tribes](/usc/33/2902.md?p=7), may allow a nongovernmental organization to serve as the [non-Federal interest](/usc/33/2902.md?p=8) for the project.
  - (3) **Project agreements—** For a project carried out under this chapter, the requirements of [section 2213(j)(1) of this title](/usc/33/2213.md?p=j-1) may be fulfilled by a nongovernmental organization serving as the [non-Federal interest](/usc/33/2902.md?p=8) for the project pursuant to [paragraph (2)](#f-2).
- (g) **Delegation of project implementation—**
  - (1) **In general—** In carrying out this chapter, the [Secretary](/usc/33/2902.md?p=9) may delegate project implementation to another Federal department or agency on a reimbursable basis if the [Secretary](/usc/33/2902.md?p=9), upon the recommendation of the [Council](/usc/33/2902.md?p=1), determines such delegation is appropriate.
  - (2) **Small projects—**
    - (A) **Small project defined—** In this paragraph, the term “small project” means a project carried out under this chapter with an estimated Federal cost of less than $1,000,000.
    - (B) **Delegation of project implementation—** In carrying out this section, the [Secretary](/usc/33/2902.md?p=9), on recommendation of the [Council](/usc/33/2902.md?p=1), may delegate implementation of a small project to—
      - (i) the [Secretary](/usc/33/2902.md?p=9) of the Interior (acting through the Director of the United States Fish and Wildlife Service);
      - (ii) the Under [Secretary](/usc/33/2902.md?p=9) for Oceans and Atmosphere of the Department of Commerce;
      - (iii) the Administrator of the Environmental Protection Agency; or
      - (iv) the [Secretary](/usc/33/2902.md?p=9) 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 2908(a)(1) of this title](/usc/33/2908.md?p=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](/usc/33/2902.md?p=8) for the project generally in conformance with the criteria in subsections [(d)](#d) and [(e)](#e). Cooperative agreements may be used for any delegated project to allow the [non-Federal interest](/usc/33/2902.md?p=8) to carry out the project on behalf of the Federal agency.

## Source credit

(Pub. L. 106–457, title I, § 104, Nov. 7, 2000, 114 Stat. 1960; Pub. L. 110–114, title V, § 5017(c), Nov. 8, 2007, 121 Stat. 1197; Pub. L. 114–322, title IV, § 5013(a), Dec. 16, 2016, 130 Stat. 1903.)

## Notes

### Editorial Notes

### Amendments

2016—Subsec. (f)(3). Pub. L. 114–322 added par. (3).

2007—Subsec. (a). Pub. L. 110–114, § 5017(c)(1), inserted “through the award of contracts and cooperative agreements” after “assistance”.

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

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

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

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

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

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

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