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U.S. Code as of:
01/19/04
Section 2903. Estuary habitat restoration program
(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.
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