Sec. 206. Aquatic connectivity restoration
483 words·~2 min read·
/bill/116/s/4189/is/section-206A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section, the term eligible entity means— a Reclamation State; a department, agency, or political subdivision of a Reclamation State; a public agency organized pursuant to the laws of a Reclamation State; an Indian tribe (as that term is defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) in a Reclamation State; or a nonprofit organization operating in a Reclamation State. Subject to the requirements of this section, on the request of any eligible entity, the Secretary may negotiate and enter into an agreement 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 may be initiated only after— except as provided in paragraph (2), an eligible entity has entered into an agreement with the Secretary to pay not less than 35 percent of the costs of project construction; and the Secretary determines that the proposed project— would not harm the water rights of water right holders of the water source; would not result in an unmitigated result to the environment; and is consistent with the responsibilities of the Secretary, as agreed to by all entities that own or operate any fish passage barrier affected by the project— in the role of the Secretary as trustee for 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 the 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.
Paragraph (1)(A) shall not apply to an eligible entity described in subsection (a)(4). In providing assistance for projects under this section, the Secretary shall give priority to projects that— are likely to provide public safety benefits; and are regional in nature, including projects that span 2 or more river basins. In participating in a project under this section, the Secretary shall comply with— any applicable Federal environmental law, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); and any environmental law of the Reclamation State in which the project is located that relates to the construction, expansion, or operation of a water storage project or fish and wildlife protection, if the law of the Reclamation State does not 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 of fiscal years 2021 through 2026, to remain available until expended.
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources