I 

114TH CONGRESS 

2D SESSION H. R. 4607 

To amend the Estuary Restoration Act of 2000 to modify requirements 

that apply to projects carried out under the estuary habitat restoration 

program established by the Secretary of the Army, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 24, 2016 

Mr. HUFFMAN (for himself and Mr. DENHAM) introduced the following bill; 

which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Estuary Restoration Act of 2000 to modify 

requirements that apply to projects carried out under 

the estuary habitat restoration program established by 

the Secretary of the Army, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. ESTUARY HABITAT RESTORATION. 

4 (a) COST SHARING.—Section 104(d) of the Estuary 

5 Restoration Act of 2000 (33 U.S.C. 2903(d)) is amend6 ed— 


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1 (1) in paragraph (3)— 

2 (A) by striking ‘‘The non-Federal share’’ 

3 and inserting the following: 

4 ‘‘(A) IN GENERAL.—The non-Federal 

5 share’’; and 

6 (2) by adding at the end the following: 

7 ‘‘(B) PROVISION OF LAND BY NONGOVERN8 MENTAL ORGANIZATIONS.—A nongovernmental 

9 organization allowed to serve as a non-Federal 

10 interest for a project under subsection (f)(2) 

11 may provide lands owned and managed by a le12 gally constituted public body (including a feder13 ally recognized Indian tribe) for habitat or fish 

14 and wildlife conservation if the public body re15 sponsible for the lands executes a legally bind16 ing agreement with the nongovernmental inter17 est under which the public body agrees to— 

18 ‘‘(i) operate and maintain the project, 

19 or allow the nongovernmental organization 

20 to operate and maintain the project; and 

21 ‘‘(ii) retain the land in public owner22 ship for uses compatible with the project.’’. 

23 (b) COOPERATION OF NON-FEDERAL INTERESTS.— 

24 Section 104(f) of such Act (33 U.S.C. 2903(f)) is amend25 ed— 


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1 (1) by striking paragraph (1)(B) and inserting 

2 the following: 

3 ‘‘(B) provide for operation, maintenance, 

4 and monitoring of the project.’’; and 

5 (2) by adding at the end the following: 

6 ‘‘(3) PROJECT AGREEMENTS.—For a project 

7 carried out under this title, the requirements of sec8 tion 103(j)(1) of the Water Resources Development 

9 Act of 1986 (33 U.S.C. 2213(j)(1)) may be fulfilled 

10 by a nongovernmental organization serving as the 

11 non-Federal interest for the project under paragraph 

12 (2).’’. 

13 (c) GUIDELINES FOR PROJECT IMPLEMENTATION.— 

14 Section 104 of such Act (33 U.S.C. 2903) is amended by 

15 adding at the end the following: 

16 ‘‘(h) GUIDELINES FOR PROJECT IMPLEMENTA17 TION.— 

18 ‘‘(1) ISSUANCE.—Not later than 180 days after 

19 the date of enactment of this subsection, the Sec20 retary shall issue guidelines for implementing estu21 ary habitat restoration projects under this title. 

22 ‘‘(2) PURPOSES.—In issuing the guidelines, the 

23 Secretary shall make every effort to streamline im24 plementation requirements and reduce overhead 

25 costs of estuary habitat restoration projects under 


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1 this title, including by maximizing consistency with 

2 the requirements of restoration programs adminis3 tered by other Federal agencies, including the Com4 munity Restoration Program of the National Oce5 anic and Atmospheric Administration and the North 

6 American Wetlands Conservation Act grant program 

7 of the United States Fish and Wildlife Service. 

8 ‘‘(3) PUBLIC PARTICIPATION; REVISIONS.—The 

9 Secretary shall develop and revise the guidelines 

10 through a public process, with the frequency of revi11 sion to be determined by the Secretary.’’. 

Æ 


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