---
kind: "section"
citation: "49 U.S.C. § 6703"
title: "49"
title_heading: "Transportation"
number: "6703"
heading: "National culvert removal, replacement, and restoration grant program"
release: "119-102"
url: "https://uscodex.org/usc/49/6703"
units:
  - "Subtitle III — General and Intermodal Programs"
  - "Chapter 67 — Multimodal Infrastructure Investments"
---

# §6703. National culvert removal, replacement, and restoration grant program

- (a) **Definitions.—** In this section:
  - (1) **Director.—** The term “Director” means the Director of the United States Fish and Wildlife Service.
  - (2) **Indian tribe.—** 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](/usc/25/5304.md)).
  - (3) **Program.—** The term “program” means the annual competitive grant program established under [subsection (b)](#b).
  - (4) **Secretary.—** The term “Secretary” means the Secretary of [Transportation](/usc/49/13907.md?p=e-2).
  - (5) **Undersecretary.—** The term “Undersecretary” means the Undersecretary of Commerce for Oceans and Atmosphere.
- (b) **Establishment.—** The [Secretary](#a-4), in consultation with the [Undersecretary](#a-5), shall establish an annual competitive grant [program](#a-3) to award grants to eligible entities for projects for the replacement, removal, and repair of culverts or weirs that—
  - (1) would meaningfully improve or restore fish passage for anadromous fish; and
  - (2) with respect to weirs, may include—
    - (A) infrastructure to facilitate fish passage around or over the weir; and
    - (B) weir improvements.
- (c) **Eligible Entities.—** An entity eligible to receive a grant under the [program](#a-3) is—
  - (1) a [State](/usc/49/31132.md?p=8);
  - (2) a unit of local government; or
  - (3) an [Indian Tribe](#a-2).
- (d) **Grant Selection Process.—** The [Secretary](#a-4), in consultation with the [Undersecretary](#a-5) and the [Director](#a-1), shall establish a process for determining criteria for awarding grants under the [program](#a-3), subject to [subsection (e)](#e).
- (e) **Prioritization.—** The [Secretary](#a-4), in consultation with the [Undersecretary](#a-5) and the [Director](#a-1), shall establish procedures to prioritize awarding grants under the [program](#a-3) to—
  - (1) projects that would improve fish passage for—
    - (A) 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](/usc/16/1533.md));
    - (B) anadromous fish stocks identified by the [Undersecretary](#a-5) or the [Director](#a-1) that could reasonably become listed as an endangered species or a threatened species under that section;
    - (C) anadromous fish stocks identified by the [Undersecretary](#a-5) or the [Director](#a-1) as prey for endangered species, threatened species, or protected species, including Southern resident orcas (Orcinus orcas); or
    - (D) anadromous fish stocks identified by the [Undersecretary](#a-5) or the [Director](#a-1) as climate resilient stocks; and
  - (2) projects that would open up more than 200 meters of upstream habitat before the end of the natural habitat.
- (f) **Federal Share.—** The Federal share of the cost of a project carried out with a grant to a [State](/usc/49/31132.md?p=8) or a unit of local government under the [program](#a-3) shall be not more than 80 percent.
- (g) **Technical Assistance.—** The [Secretary](#a-4), in consultation with the [Undersecretary](#a-5) and the [Director](#a-1), shall develop a process to provide technical assistance to [Indian Tribes](#a-2) and underserved communities to assist in the project design and grant process and procedures.
- (h) **Administrative Expenses.—** Of the amounts made available for each fiscal year to carry out the [program](#a-3), the [Secretary](#a-4), the [Undersecretary](#a-5), and the [Director](#a-1) may use not more than 2 percent to pay the administrative expenses necessary to carry out this section.
- (i) **Authorization of Appropriations.—** There is authorized to be appropriated to carry out the [program](#a-3) $800,000,000 for each of fiscal years 2022 through 2026.

## Source credit

(Added Pub. L. 117–58, div. B, title I, § 21203(a), Nov. 15, 2021, 135 Stat. 676.)