Page:United States Statutes at Large Volume 94 Part 2.djvu/1303

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PUBLIC LAW 96-000—MMMM. DD, 1980

PUBLIC LAW 96-495—DEC. 3, 1980

94 STAT. 2581

Public Law 96-495 96th Congress

An Act To provide for a cooperative agreement between the Secretary of the Interior and the State of California to improve and manage the Suisun Marsh in California.

Dec. 3, 1980 [H.R. 4084]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be Suisun Marsh cited as the "Suisun Marsh Preservation and Restoration Act of Preservation and Restoration 1979". Act of 1979. SEC. 2. It is the purpose of this Act to— (1) provide for partial mitigation of the adverse effects on the fish and wildlife resources of the Suisun Marsh in Solano County, California of the Central Valley project; and (2) assist in the preservation and restoration of the fish and wildlife resources of the Marsh by authorizing the Secretary of the Interior to enter into a cooperative agreement with the State of California for the planning, design, construction, operation and meiintenance of certain facilities for the Marsh which will not materially enhance the overall resources of the Marsh; and (3) to provide for such facilities as part of the more extensive system of preservation and restoration facilities to be developed for the Solano County region by the State of California, the Secretary of the Interior, or both. SEC. 3. The Secretary of the Interior, acting through the Commis- Cooperative sioner of Reclamation, is authorized to enter into a cooperative agreement. agreement with the State of California (hereinafter in this Act referred to as the "State") to provide for mitigation of the adverse effects of the Central Valley project on the fish and wildlife resources of the Suisun Marsh, Solano County, California, and for the preservation and restoration of these resources. The cooperative agreement shall include the following provisions: (1) The State shall design, construct, operate, and maintain certain channels, levees, and control structures in the Marsh in a manner which substantially conforms to the provisions of the development plan contained in the Report on the Suisun Marsh Interim Facilities (dated May 1978), prepared by the State of California with the assistance of the Water and Power Resources Service and the Fish and Wildlife Service. The State may enter Contracts. into contracts with appropriate non-Federal public agencies within the State for the operation and maintenance of such facilities. (2) The Secretary of the Interior shall pay to the State the Costs, Federal Federal share of the costs of the activities described in paragraph share. (1), whether such costs are incurred before or after the date the cooperative agreement is entered into, upon a determination that such activities are in substantial conformity with the development plan referred to in such paragraph. (3) A study shall be conducted by the State, the Secretary of the Water-use study. Interior, or both parties, for the purpose of identifying manage-