(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.
(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.
(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.