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U.S. Code as of:
01/19/04
Section 2902. Definitions
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.
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