Sec. 1203. National culvert removal, replacement, and restoration grant program
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Chapter 67 of title 49, United States Code (as amended by section 1202(a)), is amended by adding at the end the following: In this section: The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). The term program means the annual competitive grant program established under subsection (b). The term Secretary means the Secretary of Transportation. The term Undersecretary means the Undersecretary of Commerce for Oceans and Atmosphere.
The Secretary, in consultation with the Undersecretary, shall establish an annual competitive grant program to award grants to eligible entities for— projects for the replacement, removal, and repair of culverts that would meaningfully improve or restore fish passage for anadromous fish; or projects with the goal of addressing freshwater runoff that impacts marine or anadromous fish and shellfish species. An entity eligible to receive a grant under the program is— a State; a unit of local government; or an Indian Tribe.
The Secretary, in consultation with the Undersecretary, shall establish a process for determining criteria for awarding grants under the program, subject to subsection (e). The Secretary, in consultation with the Undersecretary, shall establish procedures to prioritize awarding grants under the program to— projects that would improve fish passage for— anadromous fish stocks listed as an endangered species or a threatened species under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ); anadromous fish stocks identified by the Undersecretary that could reasonably become listed as an endangered species or a threatened species under that section; anadromous fish stocks identified by the Undersecretary as prey for endangered species, threatened species, or protected species, including Southern resident orcas (Orcinus orcas); or anadromous fish stocks identified by the Undersecretary as climate resilient stocks; and with respect to culvert removal, projects that would open up more than 200 meters of upstream habitat before the end of the natural habitat.
The Federal share of the cost of a project carried out with a grant to a State or a unit of local government under the program shall be not more than 80 percent. The Secretary, in consultation with the Undersecretary, shall develop a process to provide technical assistance to Indian Tribes and underserved communities to assist in the project design and grant process and procedures. Of the amounts made available for each fiscal year to carry out the program, the Secretary and the Undersecretary may use not more than 2 percent to pay the administrative expenses necessary to carry out this section.
There is authorized to be appropriated to carry out the program $800,000,000 for each of fiscal years 2022 through 2026. . The analysis for chapter 67 of title 49, United States Code (as added by section 1202(b)), is amended by adding at the end the following: 6703. National culvert removal, replacement, and restoration grant program. .
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Sec. 1203
National culvert removal, replacement, and restoration grant program
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