I
106TH CONGRESS
1ST SESSION
H. R. 1775
To catalyze restoration of estuary habitat through more efficient financing
of projects and enhanced coordination of Federal and non-Federal res-
toration programs, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 12, 1999
Mr. GILCHREST (for himself, Mrs. TAUSCHER, Mr. FORBES, Mr. GOSS, Mr.
BILBRAY, Mr. SHAYS, Mr. CARDIN, Mr. PRICE of North Carolina, Mrs.
MORELLA, Mr. SAXTON, Mr. FOLEY, Mr. BENTSEN, Mr. MCDERMOTT,
Mr. METCALF, Mr. SMITH of Washington, Mr. GREENWOOD, Mr. INS-
LEE, Mr. DICKS, Ms. DELAURO, Mrs. LOWEY, Mr. ENGLISH, Mrs.
KELLY, Mr. TAUZIN, and Mr. LAMPSON) introduced the following bill;
which was referred to the Committee on Transportation and Infrastruc-
ture, and in addition to the Committee on 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 con-
cerned
A BILL
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,
levels of government and between the public and pri-
vate sectors;
(5) to promote efficient financing of estuary
habitat restoration activities; and
(6) to develop and enhance monitoring and re-
search capabilities to ensure that estuary habitat
restoration efforts are based on sound scientific un-
derstanding.
SEC. 103. DEFINITIONS.
In this Act, the following definitions apply:
(1) COUNCIL.—The term ‘‘Council’’ means the
Estuary Habitat Restoration Council established by
section 104.
(2) DEGRADED ESTUARY HABITAT.—The term
‘‘degraded estuary habitat’’ means estuary habitat
where natural ecological functions have been im-
paired and normal beneficial uses have been reduced.
(3) 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.
(4) ESTUARY HABITAT.—
(A) IN
GENERAL.—The term ‘‘estuary
habitat’’ means the physical, biological, and
chemical elements associated with an estuary,
including the complex of physical and hydro-
logic features and living organisms within the
estuary and associated ecosystems.
(B) INCLUDED HABITAT.—The term ‘‘es-
tuary habitat’’ includes salt and fresh water
coastal marshes, coastal forested wetlands and
other coastal wetlands, maritime forests, coastal
grasslands, tidal flats, natural shoreline areas,
shellfish beds, sea grass meadows, kelp beds,
river deltas, river and stream banks under tidal
influence, and beds of submerged aquatic vege-
tation.
(5) ESTUARY
HABITAT
RESTORATION
ACTIV-
ITY.—
(A) IN
GENERAL.—The term ‘‘estuary
habitat restoration activity’’ means an activity
that results in improving degraded estuary
habitat (including both physical and functional
restoration), with the goal of attaining a self-
sustaining system integrated into the sur-
rounding landscape.
(B) INCLUDED
ACTIVITIES.—The term
‘‘estuary 
habitat 
restoration 
activity’’
includes—
(i) the reestablishment of physical fea-
tures and biological and hydrologic func-
tions;
(ii) except as provided in section
107(e), the cleanup of contamination re-
lated to the restoration of estuary habitat;
(iii) the control of nonnative and
invasive species;
(iv) the reintroduction of native spe-
cies through planting or natural succes-
sion; and
(v) other activities that improve estu-
ary habitat.
(6) 
ESTUARY
HABITAT
RESTORATION
PROJECT.—The term ‘‘estuary habitat restoration
project’’ means an estuary habitat restoration activ-
ity under consideration or selected by the Council, in
accordance with this Act, to receive financial, tech-
nical, or another form of assistance.
(7) ESTUARY
HABITAT
RESTORATION
STRAT-
EGY.—The term ‘‘estuary habitat restoration strat-
egy’’ means the estuary habitat restoration strategy
developed under section 106.
(8) ESTUARY MANAGEMENT OR HABITAT RES-
TORATION PLAN.—The term ‘‘estuary management
or habitat restoration plan’’ means any plan for res-
toration of degraded estuary habitat that—
(A) was developed by, or in cooperation
with, a public body with the substantial partici-
pation of appropriate public and private stake-
holders; and
(B) reflects a community-based planning
process.
(9) GULF
REGION.—The term ‘‘Gulf region’’
means the region consisting of the States of Florida,
Alabama, Mississippi, Louisiana, and Texas.
(10) MIDDLE
ATLANTIC
REGION.—The term
‘‘Middle Atlantic region’’ means the region con-
sisting of the States of New Jersey, Delaware,
Maryland, Pennsylvania, and Virginia.
(11) NORTHEAST REGION.—The term ‘‘North-
east region’’ means the region consisting of the
States of Maine, New Hampshire, New York, Mas-
sachusetts, Rhode Island, and Connecticut.
(12) NORTHWEST REGION.—The term ‘‘North-
west region’’ means the region consisting of the
States of Oregon, Washington, and Alaska.
(13) REGIONAL COUNCIL.—The term ‘‘Regional
Council’’ means a Regional Council of the Estuary
Habitat Restoration Council established by section
105.
(14) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of the Army (or the Secretary’s
designee).
(15) SOUTHEAST REGION.—The term ‘‘South-
east region’’ means the region consisting of the
States of North Carolina, South Carolina, Georgia,
and Florida.
(16) SOUTHWEST REGION.—The term ‘‘South-
west region’’ means the region consisting of the
States of California and Hawaii.
SEC. 104. ESTABLISHMENT OF ESTUARY HABITAT RES-
TORATION 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) reviewing project applications forwarded to
the Council from the Regional Councils and selecting
from the project applications projects that are eligi-
ble for assistance made available under this Act;
(2) developing a national strategy for restora-
tion of estuary habitat; and
(3) periodically reviewing the effectiveness of
the national strategy in meeting the purposes of this
Act, and making recommendations for improvements
in the national strategy.
(c) MEMBERSHIP.—The Council shall be composed of
12 members as follows:
(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 the Secretary’s designee).
(5) The Secretary of Agriculture (or the Sec-
retary’s designee).
(6) The Secretary of Transportation (or the
Secretary’s designee).
(7) One representative from each of the 6 Re-
gional Councils established under section 105 to be
appointed by the Secretary from among individuals
who are not officers or employees of the United
States.
(d) APPOINTMENT AND TERMS.—
(g) 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 less than 3 years.
(h) CONVENING
OF
COUNCIL.—The chairperson
shall—
(1) convene the first meeting of the Council not
later than 30 days after the date of enactment of
this Act; and
(2) convene additional meetings as often as ap-
propriate to ensure that this Act is fully carried out,
but not less often than annually.
(i) COUNCIL PROCEDURES.—
(1) QUORUM.—A majority of the voting mem-
bership of the Council shall constitute a quorum for
the transaction of business.
(2) VOTING AND MEETING PROCEDURES.—The
Council shall establish procedures for voting and the
conduct of meetings by the Council.
(3) PUBLIC PARTICIPATION.—Council meetings
shall be open to the public. The Council shall pro-
vide notice to the public of such meetings.
(4) REMOVAL
OF
MEMBERS.—If a Council
member appointed under subsection (c)(7) misses 3
consecutive regularly scheduled meetings, the Sec-
retary may remove that individual in accordance
with subsection (d)(3).
(j) COORDINATOR.—The Secretary shall appoint a
Coordinator who shall—
(1) be educated and experienced in estuary pro-
tection, restoration, and program management;
(2) be responsible, with assistance from the
Secretary, for facilitating consideration of estuary
habitat restoration projects by the Council and Re-
gional Councils and otherwise assisting the Council
and Regional Councils in carrying out their respon-
sibilities under this Act; and
(3) be compensated with funds available under
section 110(b).
SEC. 105. ESTABLISHMENT OF REGIONAL COUNCILS.
(a) REGIONAL COUNCILS.—There are established 6
Regional Councils of the Estuary Restoration Council.
Each Regional Council shall represent a different one of
the following regions:
(1) The Gulf region.
(2) The Middle Atlantic region.
(3) The Northeast region.
(4) The Northwest region.
(5) The Southeast region.
(6) The Southwest region.
(b) MEMBERSHIP.—A Regional Council shall be com-
posed of the Governor of each State in the region rep-
resented by the Regional Council (or the Governor’s des-
ignee) and such other members as the Governors shall
jointly designate.
(c) NONVOTING MEMBERSHIP.—A Regional Council
may appoint nonvoting members of the Regional Council
from relevant agencies, programs, and organizations,
including—
(1) relevant State agencies and regional and
field staff of relevant Federal agencies;
(2) representatives of relevant coastal and estu-
ary programs, such as those developed according to
the Coastal Zone Management Program and the Na-
tional Estuary Program; and
(3) representatives of nonprofit and charitable
organizations that undertake estuary habitat res-
toration activities.
(d) CHAIRPERSON.—A Regional Council shall select
a chairperson from among its members.
(e) DUTIES.—A Regional Council shall be responsible
for—
(1) developing a regional strategy that is con-
sistent with the national strategy for the selection
and prioritization of project proposals within the re-
gion;
(2) establishing technical criteria for project
proposals, which are consistent with the goals and
priorities of the regional and national strategies;
(3) soliciting, evaluating, and forwarding to the
Council applications for estuary habitat restoration
projects; and
(4) periodically reviewing the effectiveness of
the regional strategy toward meeting the goals and
objectives of the national strategy and recom-
mending and implementing improvements.
(f) TECHNICAL SUPPORT.—Technical support shall
be provided to a Regional Council by regional and field
staff of the Corps of Engineers, the Environmental Pro-
tection Agency, the National Oceanic and Atmospheric
Administration, the United States Fish and Wildlife Serv-
ice, and the Department of Agriculture. The Secretary
shall coordinate the provision of such assistance.
(g) ADMINISTRATIVE SUPPORT SERVICES.—Upon
the request of a Regional Council, the Secretary shall pro-
vide to the Regional Council the administrative support
services necessary for the Regional Council to carry out
its responsibilities under this Act.
SEC. 106. ESTUARY HABITAT RESTORATION STRATEGY.
(a) IN GENERAL.—Not later than 1 year after the
date of enactment of this Act, the Council, in consultation
with State and other non-Federal entities, including non-
profit entities, as appropriate, shall develop an estuary
habitat restoration strategy designed to ensure a com-
prehensive approach to maximize benefits derived from es-
tuary habitat restoration projects and to foster the coordi-
nation of Federal and non-Federal activities related to res-
toration of estuary habitat.
(b) INTEGRATION OF ESTUARY HABITAT RESTORA-
TION PLANS, PROGRAMS, AND PARTNERSHIPS.—In devel-
oping the estuary habitat restoration strategy, the Council
shall—
(1) conduct a review of—
(A) estuary management or habitat res-
toration plans; and
(B) Federal programs established under
other laws that authorize funding for estuary
habitat restoration activities;
(2) develop a set of proposals for—
(A) using programs established under this
Act or any other Act to maximize the incentives
for the creation of new public-private partner-
ships to carry out estuary habitat restoration
projects; and
(B) using Federal resources to encourage
increased private sector involvement in estuary
habitat restoration activities; and
(3) ensure that the estuary habitat restoration
strategy is developed and will be implemented in a
manner that is consistent with the estuary manage-
ment or habitat restoration plans.
(c) ELEMENTS TO BE CONSIDERED.—Consistent
with the requirements of this section, the Council in the
development of the estuary habitat restoration strategy,
shall consider—
(1) the contributions of estuary habitat to—
(A) providing healthy ecosystems in order
to support—
(i) wildlife, including endangered and
threatened species, migratory birds, and
resident species of an estuary watershed;
and
(ii) fish and shellfish, including com-
mercial and recreational fisheries;
(B) surface and ground water quality and
quantity, and flood control;
(C) outdoor recreation and other direct
and indirect values; and
(D) other areas of concern that the Coun-
cil determines to be appropriate for consider-
ation;
(2) the estimated historic losses, estimated cur-
rent rate of loss, and extent of the threat of future
loss or degradation of each type of estuary habitat;
and
(3) the most appropriate method for selecting a
balance of smaller and larger estuary habitat res-
toration projects.
(d) ADVICE.—The Council shall seek the advice of ex-
perts in restoration of estuary habitat to assist in the de-
velopment of an estuary habitat restoration strategy.
(e) PUBLIC REVIEW AND COMMENT.—Before adopt-
ing a final estuary habitat restoration strategy, the Coun-
cil shall publish in the Federal Register a draft of the estu-
ary habitat restoration strategy and provide an oppor-
tunity for public review and comment.
(f) PERIODIC REVISION.—Using data and informa-
tion developed through project monitoring, management,
and other relevant information, the Council shall periodi-
cally review and update, as necessary, the estuary habitat
restoration strategy.
project has been transmitted to the Council by a Re-
gional Council under paragraph (3).
(c) FACTORS TO BE TAKEN INTO ACCOUNT.—In de-
termining the eligibility of an estuary habitat restoration
project for financial assistance under this Act, the Council
shall consider the following factors:
(1) Whether the proposed estuary habitat res-
toration project meets the criteria specified in the
estuary habitat restoration strategy.
(2) The technical merit and feasibility of the
proposed estuary habitat restoration project.
(3) Whether the non-Federal entities proposing
the estuary habitat restoration project provide satis-
factory assurances that they will have adequate per-
sonnel, funding, and authority to carry out and
properly maintain the estuary habitat restoration
project.
(4) Whether the proposed estuary habitat res-
toration project will encourage the increased coordi-
nation and cooperation of Federal, State, and local
government agencies.
(5) The amount of private funds or in-kind con-
tributions for the estuary habitat restoration project.
(6) Whether the proposed habitat restoration
project includes a monitoring plan that is consistent
with standards for monitoring developed under sec-
tion 109 to ensure that short-term and long-term
restoration goals are achieved.
(7) Other factors that the Council determines
to be reasonable and necessary for consideration.
(d) PRIORITY
ESTUARY
HABITAT
RESTORATION
PROJECTS.—An estuary habitat restoration project shall
be given a higher priority in receipt of funding under this
Act if, in addition to meeting the selection criteria estab-
lished by the Council—
(1) the estuary habitat restoration project is
part of an estuary management or habitat restora-
tion plan; or
(2) there is a program within the watershed of
the estuary habitat restoration project that address-
es sources of pollution and other activities that oth-
erwise would re-impair the restored habitat.
(e) EXCLUDED ACTIVITIES.—An activity shall not be
considered to be an estuary habitat restoration activity
under this Act if the activity—
(1) constitutes mitigation for the adverse effects
of an activity regulated or otherwise governed by
Federal or State law; or
(2) constitutes restoration for natural resource
damages required under any Federal or State law.
SEC. 108. ADMINISTRATIVE PROVISIONS.
(a) COOPERATIVE AGREEMENTS; MEMORANDA
OF
UNDERSTANDING.—In carrying out this Act, the Council
may—
(1) enter into cooperative agreements with Fed-
eral, State, and local government agencies and other
entities; and
(2) execute such memoranda of understanding
as are necessary to reflect the agreements.
(b) DISTRIBUTION OF APPROPRIATIONS FOR ESTU-
ARY HABITAT RESTORATION ACTIVITIES.—The Secretary
shall allocate funds made available to carry out this Act
based on the need for the funds and such other factors
as are determined to be appropriate to carry out this Act.
(c) COST SHARING OF ESTUARY HABITAT RESTORA-
TION PROJECTS.—
(1) IN GENERAL.—No financial assistance in
carrying out an estuary habitat restoration project
shall be available under this Act from any Federal
agency unless the non-Federal applicant for assist-
ance demonstrates that the estuary habitat restora-
tion project meets—
(A) the requirements of this Act; and
(B) any criteria established by the Council
under this Act.
(2) FEDERAL SHARE.—The Federal share of
the cost of an estuary habitat restoration and pro-
tection project assisted under this Act shall not ex-
ceed 65 percent.
(3) NON-FEDERAL
SHARE.—The non-Federal
share of the cost of an estuary habitat restoration
project may be provided in the form of land, ease-
ments, rights-of-way, services, or any other form of
in-kind contribution determined by the Council to be
an appropriate contribution equivalent to the mone-
tary amount required for the non-Federal share of
the estuary habitat restoration project.
(d) INTERIM ACTIONS.—
(1) IN GENERAL.—Pending completion of the
estuary habitat restoration strategy developed under
section 106, the Council may pay the Federal share
of the cost of an interim action to carry out an estu-
ary habitat restoration activity.
(2) FEDERAL SHARE.—The Federal share of
the cost of an estuary habitat restoration activity as-
sisted under this Act before the completion of the es-
tuary habitat restoration strategy shall not exceed
25 percent.
(e) COOPERATION OF NON-FEDERAL PARTNERS.—
(1) IN GENERAL.—The Council shall not select
an estuary habitat restoration project until a non-
Federal interest has entered into a written agree-
ment with the Secretary in which the non-Federal
interest agrees to provide the required non-Federal
cooperation for the project.
(2) NONPROFIT
ENTITIES.—Notwithstanding
section 221 of the Flood Control Act of 1970 (42
U.S.C. 1962d–5b(b)), for any project undertaken
under this section, the Secretary may, after coordi-
nation with the appropriate State and local officials
responsible for the political jurisdiction in which a
project would occur, allow a nonprofit entity to serve
as the non-Federal interest.
(3) MAINTENANCE
AND
MONITORING.—A co-
operation agreement entered into under paragraph
(1) shall provide for maintenance and monitoring of
the estuary habitat restoration project to the extent
determined necessary.
(f) AGENCY CONSULTATION AND COORDINATION.—
In carrying out this Act, the Council shall, as the Council
determines it to be necessary, consult with, cooperate with,
and coordinate its activities with the activities of other
Federal agencies.
(g) BENEFITS AND COSTS OF ESTUARY HABITAT
RESTORATION PROJECTS.—The Council shall evaluate the
benefits and costs of estuary habitat restoration projects
in accordance with section 907 of the Water Resources
Development Act of 1986 (33 U.S.C. 2284).
(h) ALLOCATION OF FUNDS BY STATES.—With the
approval of the Secretary, a State may allocate to any
local government, area-wide agency designated under sec-
tion 204 of the Demonstration Cities and Metropolitan
Development Act of 1966 (42 U.S.C. 3334), regional
agency, interstate agency, or nonprofit entity a portion of
any funds disbursed in accordance with this Act for the
purpose of carrying out an estuary habitat restoration
project.
SEC. 109. MONITORING AND MAINTENANCE OF ESTUARY
HABITAT RESTORATION PROJECTS.
(a) DATABASE OF RESTORATION PROJECT INFORMA-
TION.—The Under Secretary for Oceans and Atmosphere
of the Department of Commerce shall develop and main-
tain an appropriate database of information concerning es-
tuary habitat restoration projects funded under this Act,
including information on project techniques, project com-
pletion, monitoring data, and other relevant information.
(b) MONITORING DATA STANDARDS.—The Council
shall develop standard data formats for monitoring