Page:United States Statutes at Large Volume 114 Part 3.djvu/937

 PUBLIC LAW 106-457—NOV. 7, 2000 114 STAT. 1959 (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 restablishment 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 320 of the Federal Water Pollution Control Act (33 U.S.C. 1330); (ii) a lakewide management plan or remedial action plan developed under section 118 of the Federal Water Pollution Control Act (33 U.S.C. 1268); (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 117 of the Federal Water Pollution Control Act (33 U.S.C. 1267).

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