{"identifier":"/us/usc/t33/s2902","title":33,"num":"\u00a7\u202f2902.","heading":"Definitions","text":"\u00a7\u202f2902.\nDefinitions\nIn this chapter, the following definitions apply:\n(1)\nCouncil\nThe term \u201cCouncil\u201d means the Estuary Habitat Restoration Council established by\nsection 2904 of this title\n(2)\nEstuary\nThe term \u201cestuary\u201d 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 (\n16 U.S.C. 1451\nNovember 7, 2000\n(3)\nEstuary habitat\nThe term \u201cestuary habitat\u201d 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.\n(4)\nEstuary habitat restoration activity\n(A)\nIn general\nThe term \u201cestuary habitat restoration activity\u201d 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.\n(B)\nIncluded activities\nThe term \u201cestuary habitat restoration activity\u201d includes\u2014\n(i) the reestablishment of chemical, physical, hydrologic, and biological features and components associated with an estuary;\n(ii) except as provided in subparagraph (C), the cleanup of pollution for the benefit of estuary habitat;\n(iii) the control of nonnative and invasive species in the estuary;\n(iv) the reintroduction of species native to the estuary, including through such means as planting or promoting natural succession;\n(v) the construction of reefs to promote fish and shellfish production and to provide estuary habitat for living resources; and\n(vi) other activities that improve estuary habitat.\n(C)\nExcluded activities\nThe term \u201cestuary habitat restoration activity\u201d does not include an activity that\u2014\n(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\n(ii) constitutes restoration for natural resource damages required under any Federal or State law.\n(5)\nEstuary habitat restoration project\nThe term \u201cestuary habitat restoration project\u201d means a project to carry out an estuary habitat restoration activity.\n(6)\nEstuary habitat restoration plan\n(A)\nIn general\nThe term \u201cestuary habitat restoration plan\u201d means any Federal, State, or regional plan for restoration of degraded estuary habitat that was developed with the substantial participation of appropriate public and private stakeholders.\n(B)\nIncluded plans and programs\nThe term \u201cestuary habitat restoration plan\u201d includes estuary habitat restoration components of\u2014\n(i) a comprehensive conservation and management plan approved under\nsection 1330 of this title\n(ii) a lakewide management plan or remedial action plan developed under\nsection 1268 of this title\n(iii) a management plan approved under the Coastal Zone Management Act of 1972 (\n16 U.S.C. 1451\n(iv) the interstate management plan developed pursuant to the Chesapeake Bay program under\nsection 1267 of this title\n(7)\nIndian tribe\nThe term \u201cIndian tribe\u201d has the meaning given such term by\nsection 5304 of title 25\n(8)\nNon-Federal interest\nThe term \u201cnon-Federal interest\u201d means a State, a political subdivision of a State, an Indian tribe, a regional or interstate agency, or, as provided in\nsection 2903(f)(2) of this title\n(9)\nSecretary\nThe term \u201cSecretary\u201d means the Secretary of the Army.\n(10)\nState\nThe term \u201cState\u201d 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.","url":"https://projectusc.org/usc/t33/s2902.html","content":[{"t":"sec","id":"/us/usc/t33/s2902","children":[{"t":"num","text":"\u00a7\u202f2902."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"In this chapter, the following definitions apply:"},{"t":"para","id":"/us/usc/t33/s2902/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Council"},{"t":"content","children":[{"t":"p","text":"The term \u201cCouncil\u201d means the Estuary Habitat Restoration Council established by ","children":[{"t":"ref","text":"section 2904 of this title","href":"/us/usc/t33/s2904","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2902/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Estuary"},{"t":"content","children":[{"t":"p","text":"The term \u201cestuary\u201d 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 (","children":[{"t":"ref","text":"16 U.S.C. 1451","href":"/us/usc/t16/s1451","tail":" et seq.) as of "},{"t":"text","text":"November 7, 2000","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2902/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Estuary habitat"},{"t":"content","children":[{"t":"p","text":"The term \u201cestuary habitat\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2902/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Estuary habitat restoration activity"},{"t":"subpara","id":"/us/usc/t33/s2902/4/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The term \u201cestuary habitat restoration activity\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s2902/4/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Included activities"},{"t":"chapeau","text":"The term \u201cestuary habitat restoration activity\u201d includes\u2014"},{"t":"clause","id":"/us/usc/t33/s2902/4/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the reestablishment of chemical, physical, hydrologic, and biological features and components associated with an estuary;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s2902/4/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" except as provided in subparagraph (C), the cleanup of pollution for the benefit of estuary habitat;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s2902/4/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" the control of nonnative and invasive species in the estuary;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s2902/4/B/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" the reintroduction of species native to the estuary, including through such means as planting or promoting natural succession;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s2902/4/B/v","children":[{"t":"num","text":"(v)"},{"t":"content","text":" the construction of reefs to promote fish and shellfish production and to provide estuary habitat for living resources; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s2902/4/B/vi","children":[{"t":"num","text":"(vi)"},{"t":"content","text":" other activities that improve estuary habitat.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s2902/4/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Excluded activities"},{"t":"chapeau","text":"The term \u201cestuary habitat restoration activity\u201d does not include an activity that\u2014"},{"t":"clause","id":"/us/usc/t33/s2902/4/C/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s2902/4/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" constitutes restoration for natural resource damages required under any Federal or State law.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2902/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Estuary habitat restoration project"},{"t":"content","children":[{"t":"p","text":"The term \u201cestuary habitat restoration project\u201d means a project to carry out an estuary habitat restoration activity.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2902/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Estuary habitat restoration plan"},{"t":"subpara","id":"/us/usc/t33/s2902/6/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The term \u201cestuary habitat restoration plan\u201d means any Federal, State, or regional plan for restoration of degraded estuary habitat that was developed with the substantial participation of appropriate public and private stakeholders.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s2902/6/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Included plans and programs"},{"t":"chapeau","text":"The term \u201cestuary habitat restoration plan\u201d includes estuary habitat restoration components of\u2014"},{"t":"clause","id":"/us/usc/t33/s2902/6/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" a comprehensive conservation and management plan approved under ","children":[{"t":"ref","text":"section 1330 of this title","href":"/us/usc/t33/s1330","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s2902/6/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" a lakewide management plan or remedial action plan developed under ","children":[{"t":"ref","text":"section 1268 of this title","href":"/us/usc/t33/s1268","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s2902/6/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" a management plan approved under the Coastal Zone Management Act of 1972 (","children":[{"t":"ref","text":"16 U.S.C. 1451","href":"/us/usc/t16/s1451","tail":" et seq.); and"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s2902/6/B/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" the interstate management plan developed pursuant to the Chesapeake Bay program under ","children":[{"t":"ref","text":"section 1267 of this title","href":"/us/usc/t33/s1267","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2902/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Indian tribe"},{"t":"content","children":[{"t":"p","text":"The term \u201cIndian tribe\u201d has the meaning given such term by ","children":[{"t":"ref","text":"section 5304 of title 25","href":"/us/usc/t25/s5304","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2902/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Non-Federal interest"},{"t":"content","children":[{"t":"p","text":"The term \u201cnon-Federal interest\u201d means a State, a political subdivision of a State, an Indian tribe, a regional or interstate agency, or, as provided in ","children":[{"t":"ref","text":"section 2903(f)(2) of this title","href":"/us/usc/t33/s2903/f/2","tail":", a nongovernmental organization."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2902/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"Secretary"},{"t":"content","children":[{"t":"p","text":"The term \u201cSecretary\u201d means the Secretary of the Army.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s2902/10","children":[{"t":"num","text":"(10)"},{"t":"heading","text":"State"},{"t":"content","children":[{"t":"p","text":"The term \u201cState\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}