Sec. 81236. Aquatic ecosystem restoration
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Subject to the requirements of this section, on request of any eligible entity the Secretary may negotiate and enter into an agreement on behalf of the United States to fund the design, study, and construction of an aquatic ecosystem restoration and protection project if the Secretary determines that the project is likely to improve the quality of the environment in a Reclamation State by improving fish passage through the removal or bypass of barriers to fish passage. Construction of a project under this section shall be a voluntary project initiated only after— an eligible entity has entered into an agreement with the Secretary to pay no less than 35 percent of the costs of project construction; and the Secretary determines the proposed project— will not result in an unmitigated adverse impact on fulfillment of existing water delivery obligations consistent with historical operations and applicable contracts; will not result in an unmitigated adverse effect on the environment; is consistent with the responsibilities of the Secretary— in the role as trustee for federally recognized Indian Tribes; and to ensure compliance with any applicable international and Tribal treaties and agreements and interstate compacts and agreements; is in the financial interest of the United States based on a determination that the project advances Federal objectives including environmental enhancement objectives in a Reclamation State; and protects the public aspects of the eligible facility, including water rights managed for public purposes, such as flood control or fish and wildlife.
In participating in a project under this section, the Secretary shall comply with all applicable Federal environmental laws, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.), and all State environmental laws of the Reclamation State in which the project is located involving the construction, expansion or operation of a water storage project or fish and wildlife protection, provided that no law or regulation of a State or political subdivision of a State relieve the Secretary of any Federal requirement otherwise applicable under this section.
There is authorized to be appropriated to carry out this section $25,000,000 for each fiscal year through fiscal year 2026, to remain available until expended. In this section, the term eligible entity means any Reclamation State, any department, agency, or subdivision of a Reclamation State, any public agency organized pursuant to the laws of a Reclamation State, an Indian Tribe, or a non-profit organization operating in a Reclamation State. When funding projects under this section, the Secretary shall prioritize projects that— are likely to provide public safety benefits; and are regional in nature, including projects that span two or more river basins.
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Sec. 81236
Aquatic ecosystem restoration
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