114 STAT. 1960 PUBLIC LAW 106-457—NOV. 7, 2000 (7) INDIAN TRIBE. — The term "Indian tribe" has the meaning given such term by section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). (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 104(f)(2), 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, Greorgia, 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. 33 USC 2903. SEC. 104. ESTUARY HABITAT RESTORATION PROGRAM. (a) ESTABLISHMENT. —There is established an estuary habitat restoration program under which the Secretary may carry out estuary habitat restoration projects and provide technical assistance in accordance with the requirements of this title. (b) ORIGIN OF PROJECTS. —^A proposed estuary habitat restoration project shall originate from a non-Federal interest consistent with State or local laws. (c) SELECTION OF PROJECTS. — (1) IN GENERAL. —The Secretary shall select estuary habitat restoration projects from a list of project proposals submitted by the Estuary Habitat Restoration Council under section 105(b). (2) REQUIRED ELEMENTS. —Each estuary habitat restoration project selected by the Secretary must— (A) address restoration needs identified in an estuary habitat restoration plan; (B) be consistent with the estuary habitat restoration strategy developed under section 106; (C) include a monitoring plan that is consistent with standards for monitoring developed under section 107 to ensure that short-term and long-term restoration goals are achieved; and (D) include satisfactory assurance from the non-Federal interests proposing the project that the non-Federal interests will have adequate personnel, funding, and authority to carry out items of local cooperation and properly maintain the project. (3) FACTORS FOR SELECTION OF PROJECTS. —In selecting an estuary habitat restoration project, the Secretary shall consider the following factors: (A) Whether the project is part of an approved Federal estuary management or habitat restoration plan. (B) The technical feasibility of the project. (C) The scientific merit of the project.
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