SEC. 9504. WATER MANAGEMENT IMPROVEMENT.

(a) AUTHORIZATION OF GRANTS AND COOPERATIVE AGREEMENTS.

  1. AUTHORITY OF SECRETARY.—The Secretary may provide any grant to, or enter into an agreement with, any eligible applicant to assist the eligible applicant in planning, designing, or constructing any improvement
    1. to conserve water;
    2. to increase water use efficiency;
    3. to facilitate water markets;
    4. to enhance water management, including increasing the use of renewable energy in the management and delivery of water;
    5. to accelerate the adoption and use of advanced water treatment technologies to increase water supply;
    6. to prevent the decline of species that the United States Fish and Wildlife Service and National Marine Fisheries Service have proposed for listing under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (or candidate species that are being considered by those agen- cies for such listing but are not yet the subject of a proposed rule);
    7. to accelerate the recovery of threatened species, endangered species, and designated critical habitats that are adversely affected by Federal reclamation projects or are subject to a recovery plan or conservation plan under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) under which the Commissioner of Reclamation has implementation responsibilities; or
    8. to carry out any other activity—
      1. to address any climate-related impact to the water supply of the United States that increases ecological resiliency to the impacts of climate change; or
      2. to prevent any water-related crisis or conflict at any watershed that has a nexus to a Federal rec- lamation project located in a service area.
  2. APPLICATION.—To be eligible to receive a grant, or enter into an agreement with the Secretary under paragraph (1), an eligible applicant shall—
    1. be located within the States and areas referred to in the first section of the Act of June 17, 1902 (43 U.S.C. 391); and
    2. 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.
  3. REQUIREMENTS OF GRANTS AND COOPERATIVE AGREEMENTS.—
    1. COMPLIANCE WITH REQUIREMENTS.—Each grant and agreement entered into by the Secretary with any eligible applicant under paragraph shall be in compliance with each requirement described in subparagraphs (B) through (F).
    2. AGRICULTURAL OPERATIONS.—In carrying out para- graph (1), the Secretary shall not provide a grant, or enter into an agreement, for an improvement to conserve irriga- tion water unless the eligible applicant agrees not—
      1. to use any associated water savings to increase the total irrigated acreage of the eligible applicant; or
      2. to otherwise increase the consumptive use of water in the operation of the eligible applicant, as determined pursuant to the law of the State in which the operation of the eligible applicant is located.
    3. NONREIMBURSABLE FUNDS.—Any funds provided by the Secretary to an eligible applicant through a grant or agreement under paragraph (1) shall be nonreimbursable.
    4. TITLE TO IMPROVEMENTS.—If an infrastructure improvement to a federally owned facility is the subject of a grant or other agreement entered into between the Secretary and an eligible applicant under paragraph (1), the Federal Government shall continue to hold title to the facility and improvements to the facility.
    5. COST SHARING.—
      1. FEDERAL SHARE.—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.
      2. CALCULATION OF NON-FEDERAL SHARE.—In cal- culating the non-Federal share of the cost of an infra- structure improvement or activity proposed by an eligible applicant through an application submitted by the eligible applicant under paragraph (2), the Sec- retary shall—
        1. consider the value of any in-kind services that substantially contributes toward the comple- tion of the improvement or activity, as determined by the Secretary; and
        2. not consider any other amount that the eligible applicant receives from a Federal agency.
      3. MAXIMUM AMOUNT.—The amount provided to an eligible applicant through a grant or other agree- ment under paragraph (1) shall be not more than $5,000,000.
      4. OPERATION AND MAINTENANCE COSTS.—The non-Federal share of the cost of operating and maintaining any infrastructure improvement that is the subject of a grant or other agreement entered into between the Secretary and an eligible applicant under paragraph (1) shall be 100 percent.
    6. LIABILITY.—
      1. IN GENERAL.—Except as provided under chapter 171 of title 28, United States Code (commonly known as the ‘‘Federal Tort Claims Act’’), the United States shall not be liable for monetary damages of any kind for any injury arising out of an act, omission, or occur- rence that arises in relation to any facility created or improved under this section, the title of which is not held by the United States.
      2. TORT CLAIMS ACT.—Nothing in this section increases the liability of the United States beyond that provided in chapter 171 of title 28, United States Code (commonly known as the ‘‘Federal Tort Claims Act’’).
Last Updated: 8/7/23