S. 5402

Western Water Reinvestment Act

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Sec. 3. Waterbird and shorebird habitat creation program

(a) Establishment

(1) In general. Subject to paragraphs (2) and (3), the Secretary of the Interior (referred to in this section as the Secretary) shall establish a program under which the Secretary shall provide financial assistance to eligible agricultural producers (as identified by the Secretary) in Reclamation States (as defined in section 4014 of the Water Infrastructure Improvements for the Nation Act (43 U.S.C. 390b note; Public Law 114–322)), in the form of direct payments or credits, as applicable, to compensate the agricultural producers for the creation and maintenance of waterbird and shorebird habitats.

(2) Limitation on amount of financial assistance. Not more than a total of $3,500,000 of financial assistance may be provided for each fiscal year under paragraph (1).

(3) Conditions. Financial assistance may be provided under paragraph (1) only if the Secretary determines that the activities receiving the financial assistance would—

(A) create new habitat that would not otherwise be created; or

(B) maintain existing habitat that would not otherwise be maintained.

(b) Authorization of appropriations. There is authorized to be appropriated to the Secretary to carry out this section $3,500,000 for each of fiscal years 2027 through 2031, to remain available until expended.

(c) Report. Not later than October 1, 2027, and every 2 years thereafter, the Secretary shall submit to Congress a report that describes the environmental performance of activities that are receiving, or have received, financial assistance under this section during the period covered by the report.