Sec. 81213. Funding for storage and supporting projects

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this section: The terms design and study include any design, permitting, study (including a feasibility study), materials engineering or testing, surveying, or preconstruction activity relating to a Federal storage project, a major federally assisted storage project, a natural water storage project, or a standard federally assisted storage project as defined in this subsection. The terms design and study do not include an appraisal study or other preliminary review intended to determine whether further study is appropriate for a Federal storage project, a major federally assisted storage project, a natural water storage project, or a standard federally assisted storage project as defined in this subsection.

The term eligible entity means— any State, political subdivision of a State, department of a State, or public agency organized pursuant to State law; an Indian Tribe or an entity controlled by an Indian Tribe; a water users’ association; an agency established by an interstate compact; and an agency established under State law for the joint exercise of powers. The term Federal storage project means— any project in a Reclamation State that involves the construction, expansion, upgrade, or capital repair of a water storage facility or a facility conveying water to or from a surface or groundwater storage facility— to which the United States holds title; and that was authorized to be constructed, operated, and maintained pursuant to— the reclamation laws; or the Act of August 11, 1939 (commonly known as the Water Conservation and Utilization Act ( 16 U.S.C. 590y et seq.)); or an ecosystem restoration project for watershed function, including a forest or watershed restoration project, that reduces the risk of water storage loss by reducing the risk of erosion or sediment loading into a water storage facility in a Reclamation State— to which the United States holds title; and that was authorized to be constructed, operated, and maintained pursuant to— the reclamation laws; or the Act of August 11, 1939 (commonly known as the Water Conservation and Utilization Act ( 16 U.S.C. 590y et seq.)).

The term fish and wildlife benefits means overall benefits or improvements to aquatic ecosystems and native fish and wildlife within a Reclamation State, including benefits for a wildlife refuge, that are in excess of— existing fish and wildlife mitigation or compliance obligations under— the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq.); the Fish and Wildlife Coordination Act ( 16 U.S.C. 661 et seq.); the Water Resources Development Act of 1986 ( Public Law 99–662 ; 100 Stat. 4082); the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.); the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); and any other Federal law, State law or other existing requirement in regulations, permits, contracts, licenses, grants, or orders and decisions from courts or State or Federal agencies; or existing environmental mitigation or compliance obligations as defined in section 6001(a)(32) of title 23 of the California Code of Regulations, with respect to benefits and improvements to aquatic ecosystems and native fish and wildlife within the State of California, in recognition of the State of California’s existing prohibitions against the use of public funds for environmental mitigation required under Federal and State law.

The term major federally assisted storage project means any project in a Reclamation State that— involves the construction, expansion, upgrade, or capital repair by an eligible entity or qualified partner of— a surface or groundwater storage facility that is not federally owned; or a facility that is not federally owned conveying water to or from a surface or groundwater storage facility; or is an ecosystem restoration project for watershed function, including a forest or watershed restoration project, that reduces the risk of water storage loss by reducing the risk of erosion or sediment loading for a project described in subparagraph (A); and provides benefits described in section 81212(d)(1)(B)(ii); and has a total estimated cost of more than $250,000,000.

The term natural water storage project means a single project, a number of distributed projects across a watershed, or the redesign and replacement, or removal, of built infrastructure to incorporate elements, where the project or elements have the following characteristics: Uses primarily natural materials appropriate to the specific site and landscape setting. Largely relies on natural riverine, wetland, hydrologic, or ecological processes. Results in aquifer recharge, transient floodplain water retention, or reconnection of historic floodplains to their stream channels with water retention benefits within a Reclamation State.

Is designed to produce two or more of the following environmental benefits: Stream flow changes beneficial to watershed health. Fish and wildlife habitat or migration corridor restoration. Floodplain reconnection and inundation. Riparian or wetland restoration and improvement. The term standard federally assisted storage project means any project in a Reclamation State that— involves the construction, expansion, upgrade, or capital repair by an eligible entity or qualified partner of— a surface or groundwater storage facility that is not federally owned; or a facility that is not federally owned conveying water to or from a surface or groundwater storage facility; or is an ecosystem restoration project for watershed function, including a forest or watershed restoration project, that reduces the risk of water storage loss by reducing the risk of erosion or sediment loading for a project described in subparagraph (A); provides benefits described in section 81212(d)(1)(B)(ii); and has a total estimated cost of $250,000,000 or less.

The term qualified partner means a non-profit organization operating in a Reclamation State. The term reclamation laws means Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388; chapter 1093)), and Acts supplemental to and amendatory of that Act. There is authorized to be appropriated a total of $750 million for use by the Secretary through fiscal year 2026 to advance— Federal storage projects within a Reclamation State in accordance with subsection (c); major federally assisted storage projects within a Reclamation State in accordance with subsection (d); natural water storage projects within a Reclamation State in accordance with subsection (e); standard federally assisted storage projects within a Reclamation State in accordance with subsection (f); or grandfathered storage projects in accordance with section 81214.

On request of an eligible entity or qualified partner and in accordance with this subsection, the Secretary may negotiate and enter into an agreement on behalf of the United States for the design, study, construction, expansion, upgrade, or capital repair of a Federal storage project located in a Reclamation State. Subject to the requirements of this subsection, the Secretary may fund up to 50 percent of the design and study costs of a Federal storage project and up to 50 percent of the construction costs of a Federal storage project.

Funding provided under this subsection may be made available for the design and study of a Federal storage project if— the Secretary secures a cost share agreement for design and study costs providing sufficient upfront funding to pay the non-Federal share of the design and study costs of the Federal storage project; and the feasibility study for the Federal storage project is congressionally authorized by reference to the annual Report to Congress on Future Storage Project Development prepared under section 81212.

Funding provided under this subsection for the construction of a Federal storage project may be made available to a project if— the project has been authorized by name in a Federal statute; the project is a multi-benefit project that would, at a minimum, provide water supply reliability benefits (including additional storage, conveyance, or new firm yield) and fish and wildlife benefits as determined by the final estimate prepared pursuant to subsection (g); construction funding for the project is congressionally approved by reference to the annual Report to Congress on Future Storage Project Development prepared under section 81212; the Secretary secures an agreement providing sufficient upfront funding to pay the non-Federal share of the construction costs of the Federal storage project; and The Secretary determines— the project is technically and financially feasible; the project provides water supply reliability benefits for a State or local government and fish and wildlife benefits; and in return for the Federal cost-share investment in the project, at least a proportionate share of the project benefits are for— fish and wildlife benefits as determined under subsection (g); or non-reimbursable expenses authorized under the reclamation laws other than fish and wildlife expenses.

The Secretary shall submit to the relevant committees of Congress and make publicly available on the internet a written notification of the Secretary’s determinations regarding the satisfaction of the requirements under paragraphs

(3)and

(4)by not later than 30 days after the date of the determinations. In participating in a Federal storage project under this subsection, 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. A restoration project described in section 81213(a)(3)(B) that receives funding under this subsection must— have the potential to reduce the risk of water storage losses for a Federal storage project described in subsection (a)(3)(A) by reducing the risk of erosion or sediment loading; and be designed to result in fish and wildlife benefits. Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue draft requirements for feasibility studies for Federal storage projects described in section 81213(a)(3)(B). The draft feasibility study requirements issued under subparagraph

(B)shall be consistent with requirements for a title XVI Feasibility Study Report, including the economic analysis, contained in the Reclamation Manual Directives and Standards numbered WTR 11–01, subject to any additional requirements necessary to provide sufficient information for making determinations under this section. The Secretary shall finalize the feasibility study requirements under subparagraph

(C)by not later than 1 year after the date of the enactment of this Act. The Secretary is authorized to participate in a restoration project described in subsection (a)(3)(B) with a partner that is— an eligible entity as defined in subsection (a)(2); or a qualified partner as defined in subsection (a)(8). In accordance with this subsection, the Secretary shall establish a competitive grant program to participate in the design, study, construction, expansion, upgrade, or capital repair of a major federally assisted storage project on request of an eligible entity or qualified partner. The competitive grant program established under this paragraph shall— allow any project sponsor of a major federally assisted storage project to apply for funding for the design, study, construction, expansion, upgrade, or capital repair of a major federally assisted storage project; include the issuance of annual solicitations for major federally assisted storage project sponsors to apply for funding for the design, study, construction, expansion, upgrade, or capital repair of a major federally assisted storage project; and permit the Secretary to fund up to 25 percent of the design and study costs of a major federally assisted storage project and up to 25 percent of the construction costs of a major federally assisted storage project. In making grants under this subsection, the Secretary shall give funding priority to multi-benefit projects that provide greater— water supply reliability benefits for States and local governments; and fish and wildlife benefits. The Secretary may fund a design or study activity for a major federally assisted storage project under this subsection if— the Governor of the State in which the major federally assisted storage project is located provides written concurrence for the design and study activities; the Secretary secures an agreement for design and study costs providing sufficient upfront funding to pay the non-Federal share of the design and study costs of the major federally assisted storage project; and the feasibility study for the major federally assisted storage project is congressionally authorized by reference to the annual Report to Congress on Future Storage Project Development prepared under section 81212. Funding provided under this subsection for the construction of a major federally assisted storage project may be made available to a project if— the project has been authorized by name in a Federal statute; the project is a multi-benefit project that would, at a minimum, provide water supply reliability benefits (including additional storage, conveyance, or new firm yield) and fish and wildlife benefits as determined by the estimate prepared pursuant to subsection (g); the Governor of the State in which the major federally assisted storage project is located has requested Federal participation at the time construction is initiated; the Secretary secures an agreement committing to pay the non-Federal share of the capital costs of the major federally assisted storage project; and the Secretary determines— the project is technically and financially feasible; the project provides water supply reliability benefits for a State or local government and fish and wildlife benefits; and in return for the Federal cost-share investment in the project, at least a proportionate share of the project benefits are for— fish and wildlife benefits as determined under subsection (g); or other non-reimbursable expenses authorized under the reclamation laws other than fish and wildlife expenses. The Secretary shall submit to the relevant committees of Congress and make publicly available on the internet a written notification of the Secretary’s determinations regarding the satisfaction of the requirements under paragraphs

(3)and

(4)by not later than 30 days after the date of the determinations. In participating in a major federally assisted storage project under this subsection, 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. In participating in a major federally assisted storage project under this subsection, the Secretary— may consider the use of feasibility or equivalent studies prepared by the sponsor of the major federally assisted storage project; but shall retain responsibility for determining whether the feasibility or equivalent studies satisfy the requirements of reports prepared by the Secretary. Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue draft guidelines for feasibility or equivalent studies for major federally assisted storage projects prepared by a project sponsor that shall be consistent with requirements for a title XVI Feasibility Study Report, including the economic analysis, contained in the Reclamation Manual Directives and Standards numbered WTR 11–01, subject to— any additional requirements necessary to provide sufficient information for making any determinations or assessments under paragraphs (2), (3), and (4); and the condition that the Bureau of Reclamation shall not bear responsibility for the technical adequacy of any design, cost estimate, or construction relating to a major federally assisted storage project. The Secretary shall finalize the guidelines under clause

(i)by not later than 1 year after the date of the enactment of this Act. At the request of an eligible entity or qualified partner, the Secretary shall provide to the eligible entity or qualified partner technical assistance relating to any aspect of a feasibility study carried out by the eligible entity or qualified partner under this subsection if the eligible entity or qualified partner contracts with the Secretary to pay all costs of providing the technical assistance. In providing technical assistance under clause (i), the Secretary shall ensure that the use of funds accepted from an eligible entity or qualified partner will not affect the impartial decisionmaking responsibilities of the Secretary, either substantively or procedurally. The provision of technical assistance by the Secretary under clause

(i)shall not be considered to be an approval or endorsement of a feasibility study. The Secretary is authorized to participate in a restoration project described in subsection (a)(4)(B) with a partner that is— an eligible entity as defined in subsection (a)(2); or a qualified partner as defined in subsection (a)(8). In accordance with this subsection, the Secretary shall establish a competitive grant program to participate in the design, study, construction, expansion, upgrade, or capital repair of a natural water storage project in a Reclamation State on request of an eligible entity or qualified partner. The competitive grant program established under this paragraph shall— allow any project sponsor of a natural water storage project to apply for funding for the design, study, construction, expansion, upgrade, or capital repair of a natural water storage project; and include the issuance of annual solicitations for natural water storage project sponsors to apply for funding for the design, study, construction, expansion, upgrade, or capital repair of a natural water storage project. In making grants under this subsection, the Secretary shall give funding priority to multi-benefit projects that provide greater— water supply reliability benefits for States and local governments; and fish and wildlife benefits. Subject to the requirements of this subsection, the Secretary may provide funding to an eligible entity or qualified partner for the design, study, construction, expansion, upgrade, or capital repair of a natural water storage project in an amount equal to not more than 80 percent of the total cost of the natural water storage project. The Secretary may fund a design or study activity for a natural water storage project under this subsection if the Governor of the State in which the natural water storage project is located provides written concurrence for design and study activities. Funding provided under this subsection for the construction of a natural water storage project may be made available to a project if— the Governor of the State in which the natural water storage project is located has requested Federal participation at the time construction was initiated; the Secretary determines or the applicable non-Federal sponsor determines through the preparation of a feasibility or equivalent study prepared in accordance to paragraph (9), and the Secretary concurs, that— the project is technically and financially feasible; the project provides water supply reliability benefits for a State or local government and fish and wildlife benefits; and in return for the Federal cost-share investment in the project, at least a proportionate share of the project benefits are for non-reimbursable expenses authorized under the reclamation laws or for fish and wildlife benefits as defined in this section, which shall be considered a fully non-reimbursable Federal expenditure; and the Secretary secures an agreement committing to pay the non-Federal share of the construction costs of the project. In participating in a natural water storage project under this subsection, 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. In participating in a natural water storage project under this subsection, the Secretary— may consider the use of feasibility or equivalent studies prepared by the sponsor of the natural water storage project if the sponsor elects to prepare such reports; but shall retain responsibility for determining whether the feasibility or equivalent studies satisfy the requirements of studies prepared by the Secretary. The Secretary shall submit to the relevant committees of Congress and make publicly available on the internet a written notification of the Secretary’s determinations regarding the satisfaction of the requirements under paragraphs

(4)and

(5)by not later than 30 days after the date of the determinations. Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue draft guidelines for feasibility or equivalent studies for natural water storage projects prepared by a project sponsor that shall be consistent with this subsection, provided that the Department of the Interior shall not bear responsibility for the technical adequacy of any design, cost estimate, or construction relating to a natural water storage project. The Secretary shall finalize the guidelines under subparagraph

(A)by not later than 1 year after the date of the enactment of this Act. At the request of an eligible entity or qualified partner, the Secretary shall provide to the eligible entity or qualified partner technical assistance relating to any aspect of a feasibility study carried out by an eligible entity or qualified partner under this subsection if the eligible entity or qualified partner contracts with the Secretary to pay all costs of providing the technical assistance. In providing technical assistance under clause (i), the Secretary shall ensure that the use of funds accepted from an eligible entity or qualified partner will not affect the impartial decisionmaking responsibilities of the Secretary, either substantively or procedurally. The provision of technical assistance by the Secretary under clause

(i)shall not be considered to be an approval or endorsement of a feasibility study. In accordance with this subsection, the Secretary shall establish a competitive grant program to participate in the design, study, construction, expansion, upgrade, or capital repair of a standard federally assisted storage project on request of an eligible entity or qualified partner. The competitive grant program established under this paragraph shall— allow any project sponsor of a standard federally assisted storage project to apply for funding for the design, study, construction, expansion, upgrade, or capital repair of a federally assisted storage project; include the issuance of annual solicitations for standard federally assisted storage project sponsors to apply for funding for the design, study, construction, expansion, upgrade or capital repair of a standard federally assisted storage project; and permit the Secretary to fund up to 25 percent of the total cost of a federally assisted storage project. In making grants under this subsection, the Secretary shall give funding priority to projects that— provide greater water supply reliability benefits for States and local governments, including through aquifer storage and recovery wells, in-lieu recharge activities that could be effectuated or expanded through additional infrastructure investments including interties, and the establishment and use of recharge ponds, including in an urban environment; provide greater fish and wildlife benefits; and cost not more than $30,000,000 to allow greater participation and wider distribution of funds and program benefits. The Secretary may fund a design or study activity for a standard federally assisted storage project under this subsection if the Governor of the State in which the federally assisted storage project is located provides written concurrence for design and study activities. Funding provided under this subsection for the construction of a standard federally assisted storage project may be made available to a project if— the Governor of the State in which the federally assisted storage project is located has requested Federal participation at the time construction was initiated; and the Secretary determines or the applicable non-Federal sponsor determines through the preparation of a feasibility or equivalent study prepared in accordance with paragraph (7), and the Secretary concurs, that— the standard federally assisted storage project is technically and financially feasible; the standard federally assisted storage project provides water supply reliability benefits for a State or local government and fish and wildlife benefits; and in return for the Federal cost-share investment in the project, at least a proportionate share of the project benefits are for non-reimbursable expenses authorized under the reclamation laws or for fish and wildlife benefits as defined in this section, which shall be considered a fully non-reimbursable Federal expenditure; and the Secretary secures an agreement committing to pay the non-Federal share of the construction costs of the project. The Secretary shall submit to the relevant committees of Congress and make publicly available on the internet a written notification of the Secretary’s determinations regarding the satisfaction of the requirements under paragraphs

(3)and

(4)by not later than 30 days after the date of the determinations. In participating in a standard federally assisted storage project under this subsection, 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. In participating in a standard federally assisted storage project under this subsection, the Secretary— may consider the use of feasibility or equivalent studies prepared by the sponsor of the standard federally assisted storage project; but shall retain responsibility for determining whether the feasibility or equivalent studies satisfy the requirements of reports prepared by the Secretary. Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue draft guidelines for feasibility or equivalent studies for standard federally assisted storage projects prepared by a project sponsor that shall be consistent with requirements for a title XVI Feasibility Study Report, including the economic analysis, contained in the Reclamation Manual Directives and Standards numbered WTR 11–01, subject to— any additional requirements necessary to provide sufficient information for making any determinations or assessments under paragraphs (2),

(3)and (4); and the condition that the Department of the Interior shall not bear responsibility for the technical adequacy of any design, cost estimate, or construction relating to a standard federally assisted storage project. The Secretary shall finalize the guidelines under clause

(i)by not later than 1 year after the date of the enactment of this Act. At the request of an eligible entity or qualified partner, the Secretary shall provide to the eligible entity or qualified partner technical assistance relating to any aspect of a feasibility study carried out by an eligible entity or qualified partner under this subsection if the eligible entity or qualified partner contracts with the Secretary to pay all costs of providing the technical assistance. In providing technical assistance under clause (i), the Secretary shall ensure that the use of funds accepted from an eligible entity or qualified partner will not affect the impartial decisionmaking responsibilities of the Secretary, either substantively or procedurally. The provision of technical assistance by the Secretary under clause

(i)shall not be considered to be an approval or endorsement of a feasibility study. No appropriation shall be made for a standard federally assisted storage project under this subsection, the total estimated cost of which exceeds $100,000,000, if such project has not been approved by a resolution adopted by the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. For the purposes of securing consideration of approval under subparagraph (A), the Secretary shall provide to a committee referred to in subparagraph

(A)such information as the committee requests and the non-Federal sponsor shall provide to the committee information on the costs and relative needs for the federally assisted storage project. The Secretary is authorized to participate in a restoration project described in subsection (a)(7)(B) with a partner that is— an eligible entity as defined in subsection (a)(2); or a qualified partner as defined in subsection (a)(8). In this subsection— The term Best available scientific information and data means the use of the high-value information and data, specific to the decision being made and the time frame available for making that decision, to inform and assist management and policy decisions; The term Director means— the Director of the United States Fish and Wildlife Service; or the United States Secretary of Commerce, acting through the Assistant Administrator of the National Marine Fisheries Service, if a determination or fish and wildlife estimate made under this subsection is for an anadromous species or catadromous species. The term major water storage project means a major federally assisted storage project or Federal storage project as defined under section 81212. The purposes of this subsection are the following: To reverse widespread fish and wildlife species decline in the Reclamation States. To help fund and assist in the preparation of reports required under the Fish and Wildlife Coordination Act for proposed water development projects. To instruct the Director to prepare a report described in section 2(b) of the Fish and Wildlife Coordination Act ( 16 U.S.C. 662(b) ) for each major water storage project that includes an estimate of fish and wildlife losses and fish and wildlife benefits derived from each such project, based on the best available scientific information and data. To direct Federal funds to major water storage projects that provide demonstrable, measurable fish and wildlife benefits and associated ecosystem services benefits for taxpayers based on objective data and the expertise of the primary Federal agency with jurisdiction over the management of fish and wildlife resources. To ensure that Federal funds provided for fish and wildlife purposes under this section are used effectively in a manner that maximizes positive outcomes for fish and wildlife and associated ecosystem services benefits for taxpayers, including benefits related to the domestic seafood supply and the enhancement and expansion of hunting, fishing, and other fish and wildlife related outdoor recreation opportunities within the Reclamation States. The Director shall prepare a report described in section 2(b) of the Fish and Wildlife Coordination Act ( 16 U.S.C. 662(b) ), for each major water storage project that— is based on the best available scientific information and data available; and includes an estimate of fish and wildlife losses and fish and wildlife benefits derived from a major water storage project determined in accordance with this subsection. The Director shall include in the Fish and Wildlife Coordination Act report prepared under paragraph

(3)a draft estimate of fish and wildlife losses and fish and wildlife benefits derived from a major water storage project. A draft estimate required under subparagraph

(A)shall be prepared in coordination with the head of the State agency with jurisdiction over the fish and wildlife resources of the State in which the major water storage project is proposed to be carried out. The draft estimate prepared under this paragraph shall— meet all the evaluation requirements of section 2(b) of the Fish and Wildlife Coordination Act ( 16 U.S.C. 662(b) ) unless otherwise specified in this subsection; quantify and estimate the fish and wildlife benefits and any losses to native fish and wildlife from the proposed major water storage project; and estimate whether the fish and wildlife benefits derived from the proposed major water storage project are likely to exceed the adverse fish and wildlife impacts. The Director shall ensure that any draft estimate prepared under this paragraph is— made available for peer review by an independent group of scientific experts; and made available for a public review and comment period of not less than 30 days. Using the best available scientific information and data, the Director shall prepare a final estimate of fish and wildlife benefits for each proposed major water storage project based on the applicable draft estimate prepared under paragraph (4), after considering the results of the independent scientific peer review and public comment processes under paragraph (4)(D). A final estimate prepared under paragraph

(5)shall be— transmitted to— the project applicant; and the relevant State agency; and made available to the public. If a final estimate under paragraph

(5)determines that the proposed major water storage project fails to provide fish and wildlife benefits, the final estimate may identify potential recommendations to enable the project to provide fish and wildlife benefits or to reduce the project’s adverse fish and wildlife impacts. Sections 207(i) and 207(j) of the Reclamation Projects Authorization and Adjustment Act of 1992 ( Public Law 102–575 ; 106 Stat. 4709) shall apply to a final estimate prepared under paragraph (5), except that— any reference contained in those sections to the Secretary shall be considered to be a reference to the Director as defined in this subsection; any reference contained in those sections to determination or determinations shall be considered to be a reference to estimate or estimates described in this subsection; any reference contained in those sections to subsection (b), (f)(1), or

(g)shall be considered to be a reference to paragraph

(5)of this subsection; and any reference contained in those sections to this subsection shall be considered to be a reference to section 81213(g) of the Moving Forward Act. There is authorized to be appropriated $10,000,000 through fiscal year 2026 for the United States Fish and Wildlife Service to prepare draft estimates under paragraph

(4)and final estimates under paragraph (5). The authority under section 662(e) of the Fish and Wildlife Coordination Act ( 16 U.S.C. 662(b) ) to transfer funds from the Bureau of Reclamation to the United States Fish and Wildlife Service for Fish and Wildlife Coordination Act reports for proposed water development projects shall be deemed to extend to the preparation of a draft or final estimate prepared under paragraph

(4)or (5), provided that any transfer of funds generally adheres to the 1981 Transfer Funding Agreement between the United States Fish and Wildlife Service and the Bureau of Reclamation or any successor agreement, to the extent that any such agreement is consistent with the requirements of this subsection. The responsibility for preparing a draft and final estimate under this subsection shall reside with the United States Fish and Wildlife Service and may not be delegated to another entity, including another Federal agency or bureau, except for the United States Secretary of Commerce, acting through the Assistant Administrator of the National Marine Fisheries Service, for the preparation of a draft or final estimate for anadromous species or catadromous species. With respect to a major water storage project considered for Federal funding under this section, the Director shall determine costs allocated to the specific purpose of providing fish and wildlife benefits, based on the fish and wildlife benefits estimate for the applicable project or the best available scientific information and data available at the time a cost allocation determination is made. In determining a cost allocation under this paragraph, the Director shall consult with the Commissioner of the Bureau of Reclamation and may make a cost allocation determination for fish and wildlife benefits in accordance with existing cost allocation procedures, to the extent that such procedures are consistent with the requirements of this subsection. Cost allocation determinations for all other non-reimbursable or reimbursable project purposes for a major water storage project advanced under this section shall be determined in accordance with existing cost allocation procedures under the reclamation laws. Of the amounts made available under subsection (b), not more than 25 percent shall be provided for appraisal studies, feasibility studies, or other preliminary studies. Notwithstanding any non-Federal cost share requirement under the reclamation laws for water development projects, any cost allocated to a water storage project under this section for the sole purpose of providing fish and wildlife benefits, determined in accordance with all applicable requirements under this section, shall be considered a 100 percent non-reimbursable Federal cost. Title I of Public Law 108–361 (118 Stat. 1681; 123 Stat. 2860; 128 Stat. 164; 128 Stat. 2312; 129 Stat. 2407; 130 Stat. 1866) is amended by striking 2020 each place it appears and inserting 2024 . Subparagraph 103(f)(1)(A) of Public Law 108–361 (118 Stat. 1694) is amended by striking , except that and all that follows through the end of the subparagraph. Nothing in this section is intended to authorize Federal funds made available under subsection

(b)for a project led by a non-profit organization, as described in subsection (a)(7), except for a project that is a natural water storage project or forest restoration, watershed restoration or other restoration project that reduces the risk of water storage loss described in subsection (a).

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