106TH CONGRESS
2D SESSION
H. R. 1775
AN ACT
To catalyze restoration of estuary habitat through more effi-
cient financing of projects and enhanced coordination
of Federal and non-Federal restoration programs, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Estuary Restoration
Act of 2000’’.
SEC. 2. PURPOSES.
The purposes of this Act are—
(1) to promote the restoration of estuary habi-
tat;
(2) to develop a national estuary habitat res-
toration strategy for creating and maintaining effec-
tive estuary habitat restoration partnerships among
public agencies at all levels of government and to es-
tablish new partnerships between the public and pri-
vate sectors;
(3) to provide Federal assistance for estuary
habitat restoration projects and to promote efficient
financing of such projects; and
(4) to develop and enhance monitoring and re-
search capabilities to ensure that estuary habitat
restoration efforts are based on sound scientific un-
derstanding and to create a national database of es-
tuary habitat restoration information.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) COUNCIL.—The term ‘‘Council’’ means the
Estuary Habitat Restoration Council established by
section 5.
(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 in-
cludes near coastal waters and wetlands of the Great
Lakes that are similar in form and function to estu-
aries.
(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 liv-
ing organisms within the estuary and associated eco-
systems.
(4) ESTUARY
HABITAT
RESTORATION
ACTIV-
ITY.—
(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 (in-
cluding both physical and functional restora-
tion), with the goal of attaining a self-sus-
taining 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 estu-
ary;
(ii) except as provided in subpara-
graph (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 na-
tive to the estuary, including through such
means as planting or promoting natural
succession;
(v) the construction of reefs to pro-
mote fish and shellfish production and to
provide estuary habitat for living re-
sources; and
(vi) other activities that improve estu-
ary 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 ad-
verse effects of an activity regulated or
otherwise governed by Federal or State
law; or
(ii) constitutes restoration for natural
resource damages required under any Fed-
eral 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’’ in-
cludes estuary habitat restoration components
of—
(i) a comprehensive conservation and
management plan approved under section
320 of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1330);
(ii) a lakewide management plan or
remedial action plan developed under sec-
tion 118 of the Federal Water Pollution
Control Act (33 U.S.C. 1268);
(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 117 of the Federal
Water Pollution Control Act (33 U.S.C.
1267).
(8) INDIAN TRIBE.—The term ‘‘Indian tribe’’
has the meaning given such term by section 4 of the
Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b).
(9) NON-FEDERAL INTEREST.—The term ‘‘non-
federal interest’’ means a State, a political subdivi-
sion of a State, an Indian tribe, a regional or inter-
state agency, or, as provided in section 4(g)(2), a
nongovernmental organization.
(10) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of the Army.
(11) STATE.—The term ‘‘State’’ means the
States of Alabama, Alaska, California, Connecticut,
Delaware, Florida, Georgia, Hawaii, Illinois, Indi-
ana, Louisiana, Maine, Maryland, Massachusetts,
Michigan, Minnesota, Mississippi, New Hampshire,
New Jersey, New York, North Carolina, Ohio, Or-
egon, 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.
SEC. 4. ESTUARY HABITAT RESTORATION PROGRAM.
(a) ESTABLISHMENT.—There is established an estu-
ary habitat restoration program under which the Secretary
may carry out estuary habitat restoration projects and
provide technical assistance in accordance with the re-
quirements of this Act.
(b) ORIGIN OF PROJECTS.—A proposed estuary habi-
tat restoration project shall originate from a non-Federal
interest consistent with State or local laws.
(c) REQUIRED
ELEMENTS
OF
PROJECT
PRO-
POSALS.—To be eligible for the estuary habitat restoration
program established under this Act, each proposed estuary
habitat restoration project must—
(1) address restoration needs identified in an
estuary habitat restoration plan;
(2) be consistent with the estuary habitat res-
toration strategy developed under section 7;
(3) be technically feasible;
(4) include a monitoring plan that is consistent
with standards for monitoring developed under sec-
tion 8 to ensure that short-term and long-term res-
toration goals are achieved; and
(5) include satisfactory assurance from the non-
Federal interests proposing the project that the non-
Federal interests will have adequate personnel, fund-
ing, and authority to carry out and properly main-
tain the project.
(d) SELECTION OF PROJECTS.—
(1) IN GENERAL.—The Secretary, after consid-
ering the advice and recommendations of the Coun-
cil, shall select estuary habitat restoration projects
taking into account the following factors:
(A) The scientific merit of the project.
(B) Whether the project will encourage in-
creased coordination and cooperation among
Federal, State, and local government agencies.
(C) Whether the project fosters public-pri-
vate 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.
(D) Whether the project is cost-effective.
(E) Whether the State in which the non-
Federal interest is proposing the project has a
dedicated source of funding to acquire or re-
store estuary habitat, natural areas, and open
spaces for the benefit of estuary habitat res-
toration or protection.
(F) Other factors that the Secretary deter-
mines to be reasonable and necessary for con-
sideration.
(2) PRIORITY.—In selecting estuary habitat res-
toration projects to be carried out under this Act,
the Secretary shall give priority consideration to a
project if, in addition to meriting selection based on
the factors under paragraph (1)—
(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 re-
stored habitat; or
(B) the project includes pilot testing or a
demonstration of an innovative technology hav-
ing the potential for improved cost-effectiveness
in estuary habitat restoration.
(e) COST SHARING.—
(1) FEDERAL SHARE.—The Federal share of
the cost of an estuary habitat restoration project
carried out under this Act shall not exceed 65 per-
cent of such cost.
(2) NON-FEDERAL
SHARE.—The non-Federal
share of the cost of an estuary habitat restoration
project carried out under this Act 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.
(f) INTERIM ACTIONS.—
(1) IN GENERAL.—Pending completion of the
estuary habitat restoration strategy to be developed
under section 7, the Secretary may take interim ac-
tions to carry out an estuary habitat restoration ac-
tivity.
(2) FEDERAL SHARE.—The Federal share of
the cost of an estuary habitat restoration activity be-
fore the completion of the estuary habitat restora-
tion strategy shall not exceed 25 percent of such
cost.
(g) COOPERATION OF NON-FEDERAL INTERESTS.—
(1) IN GENERAL.—The Secretary shall not se-
lect an estuary habitat restoration project until a
non-Federal interest has entered into a written
agreement with the Secretary in which the non-Fed-
eral interest agrees to—
(A) provide all lands, easements, rights-of-
way, and relocations and any other elements the
Secretary determines appropriate under sub-
section (e)(2); and
(B) provide for maintenance and moni-
toring of the project to the extent the Secretary
determines necessary.
(2) 
NONGOVERNMENTAL
ORGANIZATIONS.—
Notwithstanding section 221 of the Flood Control
Act of 1970 (42 U.S.C. 1962d–5b(b)), for any
project undertaken under this Act, the Secretary,
upon the recommendation of the Governor of the
State in which the project is located and in consulta-
tion with appropriate officials of political subdivi-
sions of such State, may allow a nongovernmental
organization to serve as the non-Federal interest.
(h) DELEGATION OF PROJECT IMPLEMENTATION.—
In carrying out this Act, the Secretary may delegate
project implementation to another Federal department or
agency on a reimbursable basis if the Secretary, after con-
sidering the advice and recommendations of the Council,
determines such delegation is appropriate.
SEC. 5. ESTABLISHMENT OF ESTUARY HABITAT RESTORA-
TION COUNCIL.
(a) COUNCIL.—There is established a council to be
known as the ‘‘Estuary Habitat Restoration Council’’.
(b) DUTIES.—The Council shall be responsible for—
(1) soliciting, reviewing, and evaluating project
proposals and making recommendations concerning
such proposals based on the factors specified in sec-
tion 4(d)(1), including recommendations as to a pri-
ority order for carrying out such projects and as to
whether a project should be carried out by the Sec-
retary or by another Federal department or agency
under section 4(h);
(2) developing and transmitting to Congress a
national strategy for restoration of estuary habitat;
(3) periodically reviewing the effectiveness of
the national strategy in meeting the purposes of this
Act and, as necessary, updating the national strat-
egy; and
(4) providing advice on the development of the
database, monitoring standards, and report required
under sections 8 and 9.
(c) MEMBERSHIP.—The Council shall be composed of
the following members:
(1) The Secretary (or the Secretary’s designee).
(2) The Under Secretary for Oceans and At-
mosphere of the Department of Commerce (or the
Under Secretary’s designee).
(3) The Administrator of the Environmental
Protection Agency (or the Administrator’s designee).
(4) The Secretary of the Interior, acting
through the Director of the United States Fish and
Wildlife Service (or such Secretary’s designee).
(5) The Secretary of Agriculture (or such Sec-
retary’s designee).
(6) The head of any other Federal agency des-
ignated by the President to serve as an ex officio
member of the Council.
(d) PROHIBITION OF COMPENSATION.—Members of
the Council may not receive compensation for their service
as members of the Council.
(e) CHAIRPERSON.—The chairperson shall be elected
by the Council 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 shall con-
vene the first meeting of the Council not later than
60 days after the date of the enactment of this Act
for the purpose of electing a chairperson.
(2) ADDITIONAL MEETINGS.—The chairperson
shall convene additional meetings of the Council as
often as appropriate to ensure that this Act is fully
carried out, but not less often than annually.
(g) COUNCIL PROCEDURES.—The Council shall es-
tablish procedures for voting, the conduct of meetings, and
other matters, as necessary.
(h) PUBLIC PARTICIPATION.—Meetings of the Coun-
cil shall be open to the public. The Council shall provide
notice to the public of such meetings.
SEC. 6. ADVISORY BOARD.
(a) IN GENERAL.—The Council shall establish an ad-
visory board (in this subsection referred to as the
‘‘board’’).
(b) DUTIES.—The board shall provide advice and rec-
ommendations to the Council—
(1) on the strategy developed pursuant to sec-
tion 7; and
(2) on the Council’s consideration of proposed
estuary habitat restoration projects and the Coun-
cil’s recommendations to the Secretary pursuant to
section 5(b)(1), including advice on the scientific
merit, technical merit, and feasibility of a project.
(c) MEMBERS.—The Council shall appoint members
of the board representing diverse public and private inter-
ests. Members of the board shall be selected such that the
board consists of—
(1) three members with recognized academic
scientific expertise in estuary or estuary habitat res-
toration;
(2) three members representing State agencies
with expertise in estuary or estuary habitat restora-
tion;
(3) two members representing local or regional
government agencies with expertise in estuary or es-
tuary habitat restoration;
(4) two members representing nongovernmental
organizations with expertise in estuary or estuary
habitat restoration;
(5) two members representing fishing interests;
(6) two members representing estuary users
other than fishing interests;
(7) two members representing agricultural in-
terests; and
(8) two members representing Indian tribes.
(d) TERMS.—
(1) IN GENERAL.—Except as provided by sub-
paragraph (B), members of the board shall be ap-
pointed for a term of 3 years.
(2) INITIAL MEMBERS.—As designated by the
chairperson of the Council at the time of appoint-
ment, of the members first appointed—
(A) nine shall be appointed for a term of
1 year; and
(B) nine shall be appointed for a term of
2 years.
(e) VACANCIES.—Whenever a vacancy occurs among
members of the board, the Council shall appoint an appro-
priate individual to fill that vacancy for the remainder of
the applicable term.
(f) BOARD LEADERSHIP.—The board shall elect from
among its members a chairperson of the board to rep-
resent the board in matters related to its duties under this
Act.