Page:United States Statutes at Large Volume 106 Part 6.djvu/168

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106 STAT. 4726 PUBLIC LAW 102-575—OCT. 30, 1992 by the Secretary, materially contribute to attainment of the goals and objectives of this title. SEC. 3407. RESTORATION FUND. (a) RESTORATION FUND ESTABLISHED.— T here is herebv established in the Treasury of the United States the "Central Valley Proiect Restoration Fund" (hereafter "Restoration Fund") which shall be available for deposit of donations from any source and revenues provided under sections 3404(c)(3), 3405(f), 3406(c)(l), and 3407(d) 01 this title. Amounts deposited shall be credited as offsetting collections. Not less than 67 percent of all funds made available to the Restoration Fund under tms title are authorized to be appropriated to the Secretary to carry out the habitat restoration, improvement and acquisition (from willing sellers) provisions of this title. Not more tnan 33 percent of all funds made available to the Restoration Fund under this title are authorized to be appropriated to the Secretary to carry out the provisions of paragraphs 3406(b)(4)-(6), (10)-<18), and (20)-(22) of this title. Monies donated to the Restoration Fund by non-Federal entities for specific piuposes shall be expended for those purposes only and shall not be subject to appropriation. (b) AUTHORIZATION OF APPROPRIATIONS.— Such siuns as are necessary, up to $50,000,000 per year (October 1992 price levels), are authorized to be appropriated to the Secretary to be derived from the Restoration Fund to carry out programs, projects, plans, and habitat restoration, improvement, and acquisition provisions of this title. Any funds paid into the Restoration Fund by Central Valley Project water and power contractors and which are also used to pay for the projects and facilities set forth in section 3406(b), snail act as an offset against any water and power contractor cost share obligations that are otherwise provided for in this title. (c) MITIGATION AND RESTORATION PAYMENTS BY WATER AND POWER BENEFICIARIES.— (1) To the extent required in appropriation Acts, the Secretary shall assess and collect additional annual mitigation and restoration payments, in addition to the charges provided for or collected under sections 3404(c)(3), 3405(a)(l)(C), 3405(f), and 3406(c)(l) of this title, consisting of charges to direct beneficiaries of the Central Valley Project under subsection (d) of this section in order to recover a portion or all of the costs of fish, wildlife, and habitot restoration programs and projects under this title. (2) The payment described in this subsection shall be established at amounts that will result in collection, during each fiscal year, of an amount that can be reasonably expected to equal the amount appropriated each year, subject to subsection (d) of this section, and in combination with all other receipts identified under this title, to carry out the purposes identified in subsection (b) of this section; Provided, That, if the totol amount appropriated under subsection (b) of this section for the fiscal years following enactment of this title does not equal $50,000,000 per year (October 1992 price levels) on an average annual basis, the Secretary shall impose such charges in fiscal year 1998 and in each fiscal year thereafter, subject to ^e limitotions in subsection (d) of this section, as may be required to yield in fiscal year 1998 and in each fiscal