Title 33Navigation and Navigable WatersRelease 119-73

§2905 Estuary habitat restoration strategy

Title 33 › Chapter CHAPTER 42— - ESTUARY RESTORATION › § 2905

Last updated Apr 6, 2026|Official source

Summary

Within one year after November 7, 2000, the Council must create a plan to guide estuary habitat restoration and to coordinate federal and nonfederal work. The plan must aim to restore 1,000,000 acres of estuary habitat by 2010. In making the plan, the Council must look at existing estuary plans and federal programs and make the new plan fit with them. The plan must explain how to encourage public‑private partnerships and use federal help to get more private funding. It must describe steps to protect wildlife (including endangered, threatened, migratory, and local species), fish and shellfish (including commercial and recreational fisheries), water quality and quantity, flood control, and outdoor recreation, plus any other issues the Council finds important. The plan must show estimated past losses, current loss rates, and future threats for each habitat type, track change rates, include both small and large projects, and spread projects fairly across regions. Before the plan is final, the Secretary must publish a draft in the Federal Register and let the public comment. The Council may update the plan later using monitoring and other information.

Full Legal Text

Title 33, §2905

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)Not later than 1 year after November 7, 2000, the Council, 11 So in original. The comma probably should not appear. shall develop an estuary habitat restoration strategy designed to ensure a comprehensive approach to maximize benefits derived from estuary habitat restoration projects and to foster the coordination of Federal and non-Federal activities related to restoration of estuary habitat.
(b)The goal of the strategy shall be the restoration of 1,000,000 acres of estuary habitat by the year 2010.
(c)In developing the estuary habitat restoration strategy, the Council shall—
(1)conduct a review of estuary management or habitat restoration plans and Federal programs established under other laws that authorize funding for estuary habitat restoration activities; and
(2)ensure that the estuary habitat restoration strategy is developed in a manner that is consistent with the estuary management or habitat restoration plans.
(d)The estuary habitat restoration strategy shall include proposals, methods, and guidance on—
(1)maximizing the incentives for the creation of new public-private partnerships to carry out estuary habitat restoration projects and the use of Federal resources to encourage increased private sector involvement in estuary habitat restoration activities;
(2)ensuring that the estuary habitat restoration strategy will be implemented in a manner that is consistent with the estuary management or habitat restoration plans;
(3)promoting estuary habitat restoration projects to—
(A)provide 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 commercial and recreational fisheries;
(B)improve surface and ground water quality and quantity, and flood control;
(C)provide outdoor recreation; and
(D)address other areas of concern that the Council determines to be appropriate for consideration;
(4)addressing the estimated historic losses, estimated current rate of loss, and extent of the threat of future loss or degradation of each type of estuary habitat;
(5)measuring the rate of change for each type of estuary habitat;
(6)selecting a balance of smaller and larger estuary habitat restoration projects; and
(7)ensuring equitable geographic distribution of projects funded under this chapter.
(e)Before the Council adopts a final or revised estuary habitat restoration strategy, the Secretary shall publish in the Federal Register a draft of the estuary habitat restoration strategy and provide an opportunity for public review and comment.
(f)Using data and information developed through project monitoring and management, and other relevant information, the Council may periodically review and update, as necessary, the estuary habitat restoration strategy.

Reference

Citations & Metadata

Citation

33 U.S.C. § 2905

Title 33Navigation and Navigable Waters

Last Updated

Apr 6, 2026

Release point: 119-73