Title 33Navigation and Navigable WatersRelease 119-73

§2904 Establishment of Estuary Habitat Restoration Council

Title 33 › Chapter CHAPTER 42— - ESTUARY RESTORATION › § 2904

Last updated Apr 6, 2026|Official source

Summary

Creates the Estuary Habitat Restoration Council and gives it responsibility for finding, reviewing, and ranking estuary restoration projects. The Council must send a recommended list of projects to the Secretary, including the order of priority and whether the Secretary or another federal agency should carry them out. It must make and send a national strategy for restoring estuary habitat to Congress and update that strategy as needed. The Council must help set up the project database, monitoring rules, and reports, recommend monitoring standards, work with others to carry out the strategy, and use the authority of its members to get the work done. The Council is made up of the Secretary (or a designee), the Under Secretary for Oceans and Atmosphere at Commerce (or a designee), the EPA Administrator (or a designee), the Secretary of the Interior acting through the U.S. Fish and Wildlife Service Director (or a designee), the Secretary of Agriculture (or a designee), and any other federal agency head the President names as an ex officio member. Members are not paid for service. The Council elects a chair for a 3-year term (the first chair may serve less). The Secretary must call the first meeting no later than 60 days after November 7, 2000, to elect the chair. The chair must call meetings as needed but at least once a year. The Council must make rules for voting and meetings, hold open public meetings with notice, and consult scientists, state and local agencies, tribes, NGOs, farmers, fishermen, and other estuary users for advice on strategy and project merit.

Full Legal Text

Title 33, §2904

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)There is established a council to be known as the “Estuary Habitat Restoration Council”.
(b)The Council shall be responsible for—
(1)soliciting, reviewing, and evaluating project proposals and developing recommendations concerning such proposals based on the factors specified in section 2903(c)(3) of this title;
(2)submitting to the Secretary a list of recommended projects, including a recommended priority order and any recommendation as to whether a project should be carried out by the Secretary or by another Federal department or agency under section 2903(g) of this title;
(3)developing and transmitting to Congress a national strategy for restoration of estuary habitat;
(4)periodically reviewing the effectiveness of the national strategy in meeting the purposes of this chapter and, as necessary, updating the national strategy;
(5)providing advice on the development of the database, monitoring standards, and report required under section 2906 and 2907 of this title;
(6)cooperating in the implementation of the strategy developed under section 2905 of this title;
(7)recommending standards for monitoring for restoration projects and contribution of project information to the database developed under section 2906 of this title; and
(8)otherwise using the respective authorities of the Council members to carry out this chapter.
(c)The Council shall be composed of the following members:
(1)The Secretary (or the Secretary’s designee).
(2)The Under Secretary for Oceans and Atmosphere 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 Secretary’s designee).
(6)The head of any other Federal agency designated by the President to serve as an ex officio member of the Council.
(d)Members of the Council may not receive compensation for their service as members of the Council.
(e)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)(1)The Secretary shall convene the first meeting of the Council not later than 60 days after November 7, 2000, for the purpose of electing a chairperson.
(2)The chairperson shall convene additional meetings of the Council as often as appropriate to ensure that this chapter is fully carried out, but not less often than annually.
(g)The Council shall establish procedures for voting, the conduct of meetings, and other matters, as necessary.
(h)Meetings of the Council shall be open to the public. The Council shall provide notice to the public of such meetings.
(i)The Council shall consult with persons with recognized scientific expertise in estuary or estuary habitat restoration, representatives of State agencies, local or regional government agencies, and nongovernmental organizations with expertise in estuary or estuary habitat restoration, and representatives of Indian tribes, agricultural interests, fishing interests, and other estuary users—
(1)to assist the Council in the development of the estuary habitat restoration strategy to be developed under section 2905 of this title; and
(2)to provide advice and recommendations to the Council on proposed estuary habitat restoration projects, including advice on the scientific merit, technical merit, and feasibility of a project.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2007—Subsec. (b)(6) to (8). Pub. L. 110–114 added pars. (6) to (8).

Reference

Citations & Metadata

Citation

33 U.S.C. § 2904

Title 33Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73