Sec. 301. Ecosystem restoration
1,073 words·~5 min read·
/bill/117/s/4231/is/section-301A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 40907 of the Infrastructure Investment and Jobs Act ( 43 U.S.C. 3207 ) is amended by striking subsection
(a)and inserting the following: In this section: The term Committee means the Integrated Water Management Federal Leadership Committee established under subsection (f)(1). The term eligible applicant means— a State; a Tribal or local government; an organization with power, water delivery, or water storage authority; a regional authority; or a nonprofit conservation organization. The term project includes— planning, design, permitting, and preconstruction activities; construction, construction management, replacement, and other similar activities; management activities, including the acquisition of an interest in land or water, including the acquisition of a conservation easement; research, development, demonstration (including the demonstration of the scalability of a project or activity), and monitoring; and project administration activities, including the payment of fees associated with implementing the project or activity. . Section 40907(c)(1) of the Infrastructure Investment and Jobs Act ( 43 U.S.C. 3207(c)(1) ) is amended by striking subparagraph
(B)and inserting the following: may not provide a grant to carry out a habitat restoration project the purpose of which is to meet existing environmental mitigation or compliance obligations that are express requirements of a permit or order issued under Federal or State law, unless such requirements expressly contemplate reliance on Federal funding in performance of the requirements. . Section 40907 of the Infrastructure Investment and Jobs Act ( 43 U.S.C. 3207 ) is amended by adding at the end the following: In addition to other activities authorized under this section, the Secretary may undertake actions and enter into contracts and agreements to implement projects that implement watershed health, including projects described in subsection (b)(3), that— accomplish 1 or more of the purposes described in subsection (b); and are consistent with the requirements described in subsection (c). The expenditures of the Secretary under this subsection and subsection
(f)shall be nonreimbursable. Leave behind water transfers The purpose of this subsection is to authorize the Secretary to address habitat needs and promote collaborative, multi-benefit water management through water sharing arrangements that incorporate habitat and other public benefits into voluntary crop idling water transfers. In approving a water transfer within a Federal reclamation project that results in voluntary fallowing of crop land in the Sacramento Valley or Sacramento-San Joaquin River Delta, the Secretary may acquire a portion of the volume of water made available for transfer if the Secretary determines that crop land idled because of the transfer would create temporary wildlife habitat with the application of the acquired water, subject to paragraph (3). In acquiring water pursuant to paragraph (2), the Secretary shall— develop implementation guidelines in consultation with relevant stakeholders; only acquire a portion of the volume of water made available for transfer if the transferor and the transferee agree to the acquisition; negotiate a mutually agreeable volume of water for acquisition with the transferor and the transferee; pay not more per volume of water than the price negotiated between the transferor and transferee for the water to be transferred; compensate the transferor for any reasonable incremental costs associated with managing the water acquired to create temporary wildlife habitat; and apply the acquired water to idled crop land to create temporary wildlife habitat. The Secretary shall give priority to approving and facilitating transfers under this subsection that incorporate voluntary habitat and other public benefits that exceed the benefits provided under regulatory requirements. Water acquired by the Secretary under paragraph
(2)shall be in addition to, and not a substitute for, actions required to meet obligations under existing law, including— the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575 ; 106 Stat. 4706); and the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). The Secretary shall annually submit to the authorizing committees of Congress (as defined in section 2 of the Support To Rehydrate the Environment, Agriculture, and Municipalities Act ) a report that describes, for the period covered by the report— the volume of water acquired under paragraph (2); and the extent and duration of temporary wildlife habitat created under that paragraph. Not later than 180 days after the date on which an eligible entity or qualified partner sponsoring a habitat restoration project that receives a grant under this section submits to the Secretary a request for the establishment of the Integrated Water Management Federal Leadership Committee, the Secretary shall establish the Integrated Water Management Federal Leadership Committee. The Assistant Secretary for Water and Science of the Department of the Interior shall— serve as the chairperson of the Committee; and coordinate the activities of, and communication among, members of the Committee. The Committee shall include representatives of Federal agencies with responsibility for water and natural resource issues, including representatives of— the Bureau of Reclamation; the United States Fish and Wildlife Service; the National Marine Fisheries Service; the Corps of Engineers; the Environmental Protection Agency; and the Department of Agriculture. The members of the Committee shall establish the duties and responsibilities of the Committee, including— facilitating communication and collaboration among Federal agencies to support and advance any projects for which an eligible entity or qualified partner requests the assistance of the Committee; ensuring the effective coordination among relevant Federal agencies and departments to ensure accelerated implementation of any projects for which an eligible entity or qualified partner requests the assistance of the Committee; and making policy and budgetary recommendations, if determined to be appropriate by the Committee, to support the implementation of projects. On request of an eligible entity or a qualified partner for a habitat restoration project, the Committee shall assist that project with permit processing and interagency coordination. In addition to amounts made available under section 40901(11), there is authorized to be appropriated to the Secretary $250,000,000 to carry out this section for the period of fiscal years 2024 through 2028, of which— $150,000,000 shall be made available for the competitive grant program described in subsection (b); and $100,000,000 shall be made available for other actions described in subsection
(e)and to carry out subsection (f). Nothing in this section affects or modifies— the obligations of the Secretary under— the reclamation laws; or Federal environmental laws, including— the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575 ; 106 Stat. 4706); and the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); or the obligations of a non-Federal party to comply with applicable Federal and State laws. .
Connectionstraces to 2
2 references not yet in our index
- Pub. L. 102-575
- 106 Stat. 4706
Citation graph
cites case law
Cites 4Cited by 0 across 0 sources