Categorical exclusion for aquatic restoration

(a) Definitions In this section: (1) Aquatic restoration The term aquatic restoration means— (A) restoring wetlands, streams, riparian areas, or other water bodies by removing, replacing, or modifying water control structures, such as dams, levees, dikes, ditches, culverts, pipes, drainage tiles, valves, gates, and fencing, to allow waters to flow into natural channels and floodplains and restore natural flow regimes, to the extent practicable, where valid existing rights or special use authorizations are not unilaterally altered or canceled, including— (i) repairing an existing water control structure that is no longer functioning properly with minimal dredging, excavation, or placement of fill and without releasing hazardous substances; (ii) installing a newly designed structure that replaces an existing culvert to improve aquatic organism passage and prevent resource and property damage where the road or trail maintenance level does not change; (iii) removing a culvert and installing a bridge to improve aquatic or terrestrial organism passage or prevent resource or property damage where the road or trail maintenance level does not change; (iv) removing a human-built small earthen dam, rock-fill dam, or low-head dam (as defined in section 6(g) of the National Dam Program Safety Act (33 U.S.C. 467d(g))) with a low hazard potential classification that is no longer needed; (v) the construction of small water control structures; (vi) the removal of vegetation, trees, or invasive species for aquatic habitat improvement purposes, if— (I) no or negligible environmental disturbances are anticipated; and (II) the project has a footprint of not more than 30 acres; (vii) the planting of seeds or seedlings and other minor revegetation actions; and (viii) the construction of small berms or dikes; (B) the development of limited access for routine maintenance and management purposes requiring not more than 1 mile of temporary road construction; (C) the construction of new, or the addition of, small structures or improvements, including structures and improvements for the restoration of wetland, riparian, instream, or native habitats, which result in no or only minor changes in the use of the affected local area; and (D) modifications to, maintenance of, or new construction and placement of, stream or lake aquatic habitat improvement structures using native materials or normal practices, including— (i) reconstructing a gabion with stone from a nearby source; (ii) (I) construction of aquatic habitat improvement structures made from a combination of woody, earthen, stone, or gravel materials; and (II) placement of the structures referred to in subclause (I) within an incised stream channel to restore natural watershed processes and habitat; (iii) adding brush to lake fish beds; and (iv) cleaning and resurfacing a fish ladder at a hydroelectric dam. (2) Categorical exclusion The term categorical exclusion has the meaning given the term in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e). (3) Secretary The term Secretary means the Secretary of the Interior, acting through the Commissioner of Reclamation. (b) Categorical exclusion (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall develop a categorical exclusion for aquatic restoration. (2) Administration In developing and administering the categorical exclusion under paragraph (1), the Secretary shall— (A) comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (B) apply any extraordinary circumstance under section 46.215 of title 43, Code of Federal Regulations (or a successor regulation), in determining whether to use the categorical exclusion.