42 USC 10364 - Water management improvement

View all text of Chapter 109 B [§ 10361 - § 10371]

§ 10364. Water management improvement

(a) Authorization of grants and cooperative agreements

(1) Authority of SecretaryThe 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 or carrying out any activity—

(A) to conserve water;

(B) to increase water use efficiency;

(D) to enhance water management, including increasing the use of renewable energy in the management and delivery of water;

(E) to accelerate the adoption and use of advanced water treatment technologies to increase water supply;

(F) to assist States and water users in complying with interstate compacts or reducing basin water supply-demand imbalances;

(G) to achieve the prevention of 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 agencies for such listing but are not yet the subject of a proposed rule);

(H) to achieve the acceleration of 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;

(I) to improve the condition of a natural feature; or

(J) to carry out any other activity—

(i) to address any climate-related impact to the water supply of the United States that increases ecological resiliency to the impacts of climate change;

(ii) to prevent any water-related crisis or conflict at any watershed that has a nexus to a Federal reclamation project located in a service area; or

(iii) to plan for or address the impacts of drought.

(2) ApplicationTo be eligible to receive a grant, or enter into an agreement with the Secretary under paragraph (1), an eligible applicant shall—

(A) be located within—

(i) the States and areas referred to in section 391 of title 43;

(ii) the State of Alaska;

(iii) the State of Hawaii; or

(iv) the Commonwealth of Puerto Rico; and

(B) submit to the Secretary an application that includes—

(i) a proposal of the improvement or activity to be planned, designed, constructed, or implemented by the eligible applicant; and

(ii) for a project that is intended to have a quantifiable water savings and would receive a grant of $500,000 or more—(I) a proposal for a monitoring plan of at least 5 years that would demonstrate ways in which the proposed improvement or activity would result in improved streamflows or aquatic habitat; or(II) for a project that does not anticipate improved streamflows or aquatic habitat, an analysis of ways in which the proposed improvement or activity would contribute to 1 or more of the other objectives described in paragraph (1).

(3) Requirements of grants and cooperative agreements

(A) Compliance with requirements

(B) Agricultural operations

(i) In generalExcept as provided in clause (ii), in carrying out paragraph (1), the Secretary shall not provide a grant, or enter into an agreement, for an improvement to conserve irrigation water unless the eligible applicant agrees not—(I) to use any associated water savings to increase the total irrigated acreage of the eligible applicant; or(II) 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.

(ii) Indian tribesIn the case of an eligible applicant that is an Indian tribe, in carrying out paragraph (1), the Secretary shall not provide a grant, or enter into an agreement, for an improvement to conserve irrigation water unless the Indian tribe agrees not—(I) to use any associated water savings to increase the total irrigated acreage more than the water right of that Indian tribe, as determined by—(aa) a court decree;(bb) a settlement;(cc) a law; or(dd) any combination of the authorities described in items (aa) through (cc); or(II) to otherwise increase the consumptive use of water more than the water right of the Indian tribe described in subclause (I).

(D) Title to improvements

(E) Cost sharing

(i) Federal share(I) In general(II) Increased Federal share for certain infrastructure improvements and activitiesThe Federal share of the cost of an infrastructure improvement or activity shall not exceed 75 percent of the cost of the infrastructure improvement or activity, if—(aa) the infrastructure improvement or activity was developed as part of a collaborative process by—(AA) a watershed group (as defined in section 1015 of title 16); or(BB) a water user and 1 or more stakeholders with diverse interests; and(bb) the majority of the benefits of the infrastructure improvement or activity, as determined by the Secretary, are for the purpose of advancing 1 or more components of an established strategy or plan to increase the reliability of water supply for consumptive and nonconsumptive ecological values.

(ii) Calculation of non-Federal shareIn calculating the non-Federal share of the cost of an infrastructure improvement or activity proposed by an eligible applicant through an application submitted by the eligible applicant under paragraph (2), the Secretary shall—(I) consider the value of any in-kind services that substantially contributes toward the completion of the improvement or activity, as determined by the Secretary; and(II) not consider any other amount that the eligible applicant receives from a Federal agency.

(iii) Maximum amount

(iv) Operation and maintenance costs

(F) Liability

(i) In general

(ii) Tort Claims Act

(4) Priority

(b) Research agreements

(1) Authority of SecretaryThe Secretary may enter into 1 or more agreements with any university, nonprofit research institution, or eligible applicant to fund any research activity that is designed—

(A) to conserve water resources;

(B) to increase the efficiency of the use of water resources;

(C) to restore a natural feature or use a nature-based feature to reduce water supply and demand imbalances or the risk of drought or flood; or

(D) to enhance the management of water resources, including increasing the use of renewable energy in the management and delivery of water.

(2) Terms and conditions of Secretary

(A) In general

(B) Availability

(d) Relationship to project-specific authority

(e) Authorization of appropriations

(Pub. L. 111–11, title IX, § 9504, Mar. 30, 2009, 123 Stat. 1334; Pub. L. 113–235, div. D, title II, § 203, Dec. 16, 2014, 128 Stat. 2311; Pub. L. 114–113, div. D, title II, § 206, Dec. 18, 2015, 129 Stat. 2407; Pub. L. 114–322, title III, § 4009(d), Dec. 16, 2016, 130 Stat. 1870; Pub. L. 115–244, div. A, title II, § 205(b), Sept. 21, 2018, 132 Stat. 2906; Pub. L. 116–9, title VIII, § 8501, Mar. 12, 2019, 133 Stat. 826; Pub. L. 116–94, div. C, title II, § 203, Dec. 20, 2019, 133 Stat. 2669; Pub. L. 116–260, div. D, title II, § 203, div. FF, title XI, § 1106(b)–(d), Dec. 27, 2020, 134 Stat. 1363, 3241, 3242; Pub. L. 117–103, div. D, title II, § 203, Mar. 15, 2022, 136 Stat. 221; Pub. L. 117–328, div. D, title II, § 203, Dec. 29, 2022, 136 Stat. 4631; Pub. L. 118–42, div. D, title II, § 203, Mar. 9, 2024, 138 Stat. 194.)