114 STAT. 1962 PUBLIC LAW 106-457—NOV. 7, 2000 (f) COOPERATION OF NON-FEDERAL INTERESTS.— (1) IN GENERAL. —The Secretary may not carry out an estuary habitat restoration project until a non-Federal interest has entered into a written agreement with the Secretary in which the non-Federal interest agrees to— (A) provide all lands, easements, rights-of-way, and relocations and any other elements the Secretary determines appropriate under subsection (d)(3); and (B) provide for maintenance and monitoring of the project. (2) NONGOVERNMENTAL ORGANIZATIONS. — Notwithstanding section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project to be undertaken under this title, the Secretary, in consultation and coordination with appropriate State and local governmental agencies and Indian tribes, may allow a nongovernmental organization to serve as the non- Federal interest for the project. (g) DELEGATION OF PROJECT IMPLEMENTATION.— In carrying out this title, the Secretary may delegate project implementation to another Federal department or agency on a reimbursable basis if the Secretary, upon the recommendation of the Council, determines such delegation is appropriate. 33 USC 2904. SEC. 105. ESTABLISHMENT OF ESTUARY HABITAT RESTORATION COUNCIL. (a) COUNCIL. — There is established a council to be known as the "Estuary Habitat Restoration Council". (b) DUTIES. —The Council shall be responsible for— (1) soliciting, reviewing, and evaluating project proposals and developing recommendations concerning such proposals based on the factors specified in section 104(c)(3); (2) submitting to the Secretary a list of recommended projects, including a recommended priority order and any recommendation as to whether a project should be carried out by the Secretary or by another Federal department or agency under section 104(g); (3) developing and transmitting to Congress a national strategy for restoration of estuary habitat; (4) periodically reviewing the effectiveness of the national strategy in meeting the purposes of this title and, as necessary, updating the national strategy; and (5) providing advice on the development of the database, monitoring standards, and report required under sections 107 and 108. (c) MEMBERSHIP. —The Council shall be composed of the following members: (1) The Secretary (or the Secretary designee). (2) The Under Secretary for Oceans and Atmosphere of the Department of Commerce (or the Under Secretary's designee). (3) The Administrator of the Environmental Protection Agency (or the Administrator's designee). (4) The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service (or such Secretary's designee). (5) The Secretary of Agriculture (or such Secretary's designee).
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