33 U.S.C. § 2330 — Aquatic ecosystem restoration

(a)(1) The Secretary may carry out an aquatic-ecosystem or estuary restoration and protection project if it (A)(i) improves environmental quality and serves the public interest or (ii) improves estuary elements and features as defined in section 2902, and (B) is cost-effective. (2) It may remove a dam. (3)(A) It may improve anadromous-fish habitat or passage through fish bypasses on small diversions, modified tide gates, and restored or reconnected important floodplains and wetlands. (B) Such a project must maximize benefits for the species benefited. (4) It may improve drought resilience through wetland restoration or invasive-species removal. (b)(1) Non-Federal interests must provide 35 percent of construction cost, including all land, easements, rights-of-way, and relocations. (2) Before October 1, 2003, the Federal share may be provided as reimbursement. (3) For subsection (a)(3) projects, the non-Federal share is 15 percent, including those property interests and relocations. (c)(1) Construction may begin only after a binding agreement to pay the required construction share and 100 percent of operation, maintenance, replacement, and rehabilitation costs under the Secretary’s regulations. (2) A nonprofit may be a non-Federal interest with affected local-government consent, despite section 1962d–5b of title 42. (d) Federal funds allotted for one locality may not exceed $15,000,000. (e) The Secretary must consider and, with consent, may include natural or nature-based features defined in section 2289a if consistent with subsection (a). (f) $75,000,000 is authorized for each fiscal year. (g) Fish-passage projects under subsection (a)(3) receive equal priority with other projects.