The Endangered Species Act of 1973, referred to in subsec. (a)(1)(G), (H), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of Title 16 and Tables.

Section 206 of the Energy and Water Development and Related Agencies Appropriations Act, 2015, referred to in subsec. (e), is section 206 of div. D of Pub. L. 113–235, which is set out as a note under section 620 of Title 43, Public Lands.

Pub. L. 116–260, § 203 and § 1106(d), both amended subsec. (e) of this section by striking “$530,000,000” and inserting different new dollar amounts. In addition, section 1106(d) inserted the following condition: “subject to the condition that $50,000,000 of that amount shall be used to carry out section 206 of the Energy and Water Development and Related Agencies Appropriations Act, 2015 (43 U.S.C. 620 note; Public Law 113–235)”. The amendment by section 1106(d) could not be executed as written because “$530,000,000” no longer appeared in text after the amendment by section 203, and therefore, the text does not reflect the insertion of the condition. Pub. L. 117–103, § 203, subsequently amended subsec. (e) as it read after the amendment by section 203 of Pub. L. 116–260.

2024—Subsec. (e). Pub. L. 118–42 substituted “$920,000,000” for “$820,000,000”.

2022—Subsec. (e). Pub. L. 117–328 substituted “$820,000,000” for “$750,000,000”.

Pub. L. 117–103 substituted “$750,000,000” for “$610,000,000”. See Codification note above.

2020—Subsec. (a)(1). Pub. L. 116–260, § 1106(b)(1)(A), inserted “or carrying out any activity” after “any improvement” in introductory provisions.

Subsec. (a)(1)(F). Pub. L. 116–260, § 1106(b)(1)(C), added subpar. (F). Former subpar. (F) redesignated (G).

Subsec. (a)(1)(G). Pub. L. 116–260, § 1106(b)(1)(D), substituted “to achieve the prevention of” for “to prevent”.

Pub. L. 116–260, § 1106(b)(1)(B), redesignated subpar. (F) as (G). Former subpar. (G) redesignated (H).

Subsec. (a)(1)(H). Pub. L. 116–260, § 1106(b)(1)(E), substituted “to achieve the acceleration of” for “to accelerate” and struck out “or” at end.

Pub. L. 116–260, § 1106(b)(1)(B), redesignated subpar. (G) as (H). Former subpar. (H) redesignated (J).

Subsec. (a)(1)(I). Pub. L. 116–260, § 1106(b)(1)(F), added subpar. (I).

Subsec. (a)(1)(J). Pub. L. 116–260, § 1106(b)(1)(B), redesignated subpar. (H) as (J).

Subsec. (a)(1)(J)(iii). Pub. L. 116–260, § 1106(b)(1)(G), added cl. (iii).

Subsec. (a)(2)(A)(iv). Pub. L. 116–260, § 1106(b)(2)(A), added cl. (iv).

Subsec. (a)(2)(B). Pub. L. 116–260, § 1106(b)(2)(B), added subpar. (B) and struck out former subpar. (B) which read as follows: “submit to the Secretary an application that includes a proposal of the improvement or activity to be planned, designed, constructed, or implemented by the eligible applicant.”

Subsec. (a)(3)(E)(i). Pub. L. 116–260, § 1106(b)(3), added cl. (i) and struck out former cl. (i). Prior to amendment, text read as follows: “The Federal share of the cost of any infrastructure improvement or activity that is the subject of a grant or other agreement entered into between the Secretary and an eligible applicant under paragraph (1) shall not exceed 50 percent of the cost of the infrastructure improvement or activity.”

Subsec. (a)(4). Pub. L. 116–260, § 1106(b)(4), added par. (4).

Subsec. (b)(1). Pub. L. 116–260, § 1106(c)(1), substituted “or eligible applicant” for “or organization with water or power delivery authority” in introductory provisions.

Subsec. (b)(1)(C), (D). Pub. L. 116–260, § 1106(c)(2)–(4), added subpar. (C) and redesignated former subpar. (C) as (D).

Subsec. (e). Pub. L. 116–260, § 1106(d), which directed substitution of “$700,000,000, subject to the condition that $50,000,000 of that amount shall be used to carry out section 206 of the Energy and Water Development and Related Agencies Appropriations Act, 2015 (43 U.S.C. 620 note; Public Law 113–235)” for “$530,000,000”, could not be executed because “$530,000,000” did not appear in text after the intervening amendment by Pub. L. 116–260, § 203. See Codification note above and note below.

Pub. L. 116–260, § 203, substituted “$610,000,000” for “$530,000,000”. See Codification note above.

2019—Subsec. (a)(2)(A). Pub. L. 116–9, § 8501(1), substituted “within—” for “within”, inserted cl. (i) designation before “the States”, and added cls. (ii) and (iii).

Subsec. (a)(3)(B). Pub. L. 116–9, § 8501(2), designated existing provisions as cl. (i) and inserted heading, substituted “Except as provided in clause (ii), in carrying” for “In carrying” in introductory provisions, redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, of cl. (i) and realigned margins, and added cl. (ii).

Subsec. (e). Pub. L. 116–94 substituted “$530,000,000” for “$480,000,000”.

2018—Subsec. (e). Pub. L. 115–244 substituted “$480,000,000” for “$450,000,000”.

2016—Subsec. (e). Pub. L. 114–322 substituted “$450,000,000” for “$350,000,000”.

2015—Subsec. (e). Pub. L. 114–113 substituted “$350,000,000” for “$300,000,000”.

2014—Subsec. (e). Pub. L. 113–235 substituted “$300,000,000” for “$200,000,000”.

Pub. L. 114–322, title III, § 4009(d), Dec. 16, 2016, 130 Stat. 1870, as amended by Pub. L. 116–260, div. FF, title XI, § 1106(e), Dec. 27, 2020, 134 Stat. 3243, provided that: “Section 9504 of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364) is amended in subsection (e) by striking ‘$350,000,000’ and inserting ‘$450,000,000’.”

[Amendment of section 4009(d) of Pub. L. 114–322, set out above, by section 1106(e) of div. FF of Pub. L. 116–260 struck out before period at end “on the condition that of that amount, $50,000,000 of it is used to carry out section 206 of the Energy and Water Development and Related Agencies Appropriations Act, 2015 (43 U.S.C. 620 note; Public Law 113–235)”.]