Sec. 7. Restoration and environmental compliance
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The Secretary may participate in— environmental restoration activities benefitting species— listed as threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.) that are adversely affected by the operation of water projects of the Bureau of Reclamation; or through water delivery from a Reclamation project to a wildlife refuge; environmental compliance activities, including stream gauging, monitoring, and other data collection activities, to assist water projects of the Bureau of Reclamation in— achieving the purposes of the projects; and fulfilling the duties of the Bureau under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ); and a forest, meadow, or watershed restoration activity on Federal land— that has the potential— to restore healthy forest or watershed conditions that improve the quality, timing, or other attributes of runoff to— a Bureau of Reclamation facility or project; or a surface or groundwater storage facility that is operated in conjunction with a Bureau of Reclamation facility or project; to reduce the rate of sedimentation of a Bureau of Reclamation facility; or to reduce the threat of wildfire that could affect runoff to, or sedimentation or structural integrity of, a Bureau of Reclamation facility; and with respect to which— the proportion that the amount of Federal funding under this section bears to the total cost of the project is approximately equal to, or less than, the proportion that water-related benefits bears to the total benefits of the project, as calculated by the Secretary using a methodology at the discretion of the Secretary; and Federal water contractors are likely to receive at least part of the water supply or water quality benefits of the project.
In carrying out this section, the Secretary shall give priority to restoration or environmental compliance activities that— implement congressional direction, such as projects described in— subsection (a)(3); section 4001 or 4010 of the Water Infrastructure Improvements for the Nation Act ( Public Law 114–322 ; 130 Stat. 1851); or congressionally authorized species recovery programs on the Colorado River; are recommended by collaborative processes or plans developed by Federal agencies in conjunction with States, water contractors, environmental or fishing interests, or other stakeholders; or implement settlements with State agencies or requirements under State water laws to restore species listed as threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.) or other species adversely affected by the operation of water projects of the Bureau of Reclamation.
The Federal share of the cost of any individual program, activity, or project carried out using funds made available pursuant to this section— shall be not more than 50 percent; and shall be nonreimbursable. The Federal cost-share described in paragraph
(1)shall be calculated at the program level, at which a group of activities or projects are considered to be a part of a broader, cohesive program. There are authorized to be appropriated to the Secretary— $20,000,000 to carry out subsection (a)(3) for the period of fiscal years 2020 and 2021; and $120,000,000 to carry out this section for the period of fiscal years 2022 through 2024. Nothing in this section shall be interpreted or implemented in a manner that— preempts or modifies any obligation of the United States under Federal law to act in accordance with applicable State law, including applicable State water law; or affects or modifies any obligation under Federal environmental law.
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- 130 Stat. 1851
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Sec. 7
Restoration and environmental compliance
Stat.130 Stat. 1851
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