---
kind: "section"
citation: "33 U.S.C. § 2904"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "2904"
heading: "Establishment of Estuary Habitat Restoration Council"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/2904"
units:
  - "Chapter 42 — Estuary Restoration"
---

# §2904. Establishment of Estuary Habitat Restoration Council

- (a) **Council—** There is established a [council](/usc/33/2902.md?p=1) to be known as the “[Estuary Habitat](/usc/33/2902.md?p=3) Restoration [Council](/usc/33/2902.md?p=1)”.
- (b) **Duties—** The [Council](/usc/33/2902.md?p=1) 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](/usc/33/2903.md?p=c-3);
  - (2) submitting to the [Secretary](/usc/33/2902.md?p=9) 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](/usc/33/2902.md?p=9) or by another Federal department or agency under [section 2903(g) of this title](/usc/33/2903.md?p=g);
  - (3) developing and transmitting to Congress a national strategy for restoration of [estuary habitat](/usc/33/2902.md?p=3);
  - (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](/usc/33/2906.md) and [2907](/usc/33/2907.md) of this title;
  - (6) cooperating in the implementation of the strategy developed under [section 2905 of this title](/usc/33/2905.md);
  - (7) recommending standards for monitoring for restoration projects and contribution of project information to the database developed under [section 2906 of this title](/usc/33/2906.md); and
  - (8) otherwise using the respective authorities of the [Council](/usc/33/2902.md?p=1) members to carry out this chapter.
- (c) **Membership—** The [Council](/usc/33/2902.md?p=1) shall be composed of the following members:
  - (1) The [Secretary](/usc/33/2902.md?p=9) (or the [Secretary](/usc/33/2902.md?p=9)’s designee).
  - (2) The Under [Secretary](/usc/33/2902.md?p=9) for Oceans and Atmosphere of the Department of Commerce (or the Under [Secretary](/usc/33/2902.md?p=9)’s designee).
  - (3) The Administrator of the Environmental Protection Agency (or the Administrator’s designee).
  - (4) The [Secretary](/usc/33/2902.md?p=9) of the Interior, acting through the Director of the United States Fish and Wildlife Service (or such [Secretary](/usc/33/2902.md?p=9)’s designee).
  - (5) The [Secretary](/usc/33/2902.md?p=9) of Agriculture (or such [Secretary](/usc/33/2902.md?p=9)’s designee).
  - (6) The head of any other Federal agency designated by the President to serve as an ex officio member of the [Council](/usc/33/2902.md?p=1).
- (d) **Prohibition of compensation—** Members of the [Council](/usc/33/2902.md?p=1) may not receive compensation for their service as members of the [Council](/usc/33/2902.md?p=1).
- (e) **Chairperson—** The chairperson shall be elected by the [Council](/usc/33/2902.md?p=1) 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](/usc/33/2902.md?p=9) shall convene the first meeting of the [Council](/usc/33/2902.md?p=1) 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](/usc/33/2902.md?p=1) as often as appropriate to ensure that this chapter is fully carried out, but not less often than annually.
- (g) **Council procedures—** The [Council](/usc/33/2902.md?p=1) shall establish procedures for voting, the conduct of meetings, and other matters, as necessary.
- (h) **Public participation—** Meetings of the [Council](/usc/33/2902.md?p=1) shall be open to the public. The [Council](/usc/33/2902.md?p=1) shall provide notice to the public of such meetings.
- (i) **Advice—** The [Council](/usc/33/2902.md?p=1) shall consult with persons with recognized scientific expertise in [estuary](/usc/33/2902.md?p=2) or [estuary habitat](/usc/33/2902.md?p=3) restoration, representatives of [State](/usc/33/2902.md?p=10) agencies, local or regional government agencies, and nongovernmental organizations with expertise in [estuary](/usc/33/2902.md?p=2) or [estuary habitat](/usc/33/2902.md?p=3) restoration, and representatives of [Indian tribes](/usc/33/2902.md?p=7), agricultural interests, fishing interests, and other [estuary](/usc/33/2902.md?p=2) users—
  - (1) to assist the [Council](/usc/33/2902.md?p=1) in the development 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); and
  - (2) to provide advice and recommendations to the [Council](/usc/33/2902.md?p=1) on proposed [estuary habitat restoration projects](/usc/33/2902.md?p=5), including advice on the scientific merit, technical merit, and feasibility of a project.

## Source credit

(Pub. L. 106–457, title I, § 105, Nov. 7, 2000, 114 Stat. 1962; Pub. L. 110–114, title V, § 5017(d), Nov. 8, 2007, 121 Stat. 1198.)

## Notes

### Editorial Notes

### Amendments

2007—Subsec. (b)(6) to (8). Pub. L. 110–114 added pars. (6) to (8).