§ 2902. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2902]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 42--ESTUARY RESTORATION
Sec. 2902. Definitions
In this chapter, the following definitions apply:
(1) Council
The term ``Council'' means the Estuary Habitat Restoration
Council established by section 2904 of this title.
(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 includes near coastal
waters and wetlands of the Great Lakes that are similar in form and
function to estuaries, including the area located in the Great Lakes
biogeographic region and designated as a National Estuarine Research
Reserve under the Coastal Zone Management Act of 1972 (16 U.S.C.
1451 et seq.) as of November 7, 2000.
(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 living organisms within the
estuary and associated ecosystems.
(4) Estuary habitat restoration activity
(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 (including both physical and
functional restoration), with the goal of attaining a self-
sustaining 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 estuary;
(ii) except as provided in subparagraph (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 native to the
estuary, including through such means as planting or
promoting natural succession;
(v) the construction of reefs to promote fish and
shellfish production and to provide estuary habitat for
living resources; and
(vi) other activities that improve estuary 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 adverse effects of an activity regulated
or otherwise governed by Federal or State law; or
(ii) constitutes restoration for natural resource
damages required under any Federal 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'' includes
estuary habitat restoration components of--
(i) a comprehensive conservation and management plan
approved under section 1330 of this title;
(ii) a lakewide management plan or remedial action plan
developed under section 1268 of this title;
(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 1267 of this
title.
(7) Indian tribe
The term ``Indian tribe'' has the meaning given such term by
section 450b of title 25.
(8) Non-Federal interest
The term ``non-Federal interest'' means a State, a political
subdivision of a State, an Indian tribe, a regional or interstate
agency, or, as provided in section 2903(f)(2) of this title, a
nongovernmental organization.
(9) Secretary
The term ``Secretary'' means the Secretary of the Army.
(10) State
The term ``State'' means the States of Alabama, Alaska,
California, Connecticut, Delaware, Florida, Georgia, Hawaii,
Illinois, Indiana, Louisiana, Maine, Maryland, Massachusetts,
Michigan, Minnesota, Mississippi, New Hampshire, New Jersey, New
York, North Carolina, Ohio, Oregon, 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.
(Pub. L. 106-457, title I, Sec. 103, Nov. 7, 2000, 114 Stat. 1958.)
References in Text
The Coastal Zone Management Act of 1972, referred to in pars. (2)
and (6)(B)(iii), is title III of Pub. L. 89-454 as added by Pub. L. 92-
583, Oct. 27, 1972, 86 Stat. 1280, as amended, which is classified
generally to chapter 33 (Sec. 1451 et seq.) of Title 16, Conservation.
For complete classification of this Act to the Code, see Short Title
note set out under section 1451 of Title 16 and Tables.
