42 U.S. Code § 10364 - 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—
(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 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 agencies for such listing but are not yet the subject of a proposed rule);
(G) 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
(H) 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; or
To be eligible to receive a grant, or enter into an agreement with the Secretary under paragraph (1), an eligible applicant shall—
(3) Requirements of grants and cooperative agreements
(A) Compliance with requirements
Each grant and agreement entered into by the Secretary with any eligible applicant under paragraph (1) shall be in compliance with each requirement described in subparagraphs (B) through (F).
(B) Agricultural operations
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
(C) Nonreimbursable funds
Any funds provided by the Secretary to an eligible applicant through a grant or agreement under paragraph (1) shall be nonreimbursable.
(D) 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.
(E) Cost sharing
(i) 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.
(ii) Calculation of non-Federal share In 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
(iii) Maximum amount The amount provided to an eligible applicant through a grant or other agreement under paragraph (1) shall be not more than $5,000,000.
(i) In general Except as provided under chapter 171 of title 28 (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 occurrence that arises in relation to any facility created or improved under this section, the title of which is not held by the United States.
(b) Research agreements
(1) Authority of Secretary
The Secretary may enter into 1 or more agreements with any university, nonprofit research institution, or organization with water or power delivery authority to fund any research activity that is designed—
(2) Terms and conditions of Secretary
(A) In general
An agreement entered into between the Secretary and any university, institution, or organization described in paragraph (1) shall be subject to such terms and conditions as the Secretary determines to be appropriate.
(c) Mutual benefit
Grants or other agreements made under this section may be for the mutual benefit of the United States and the entity that is provided the grant or enters into the cooperative agreement.
(d) Relationship to project-specific authority
This section shall not supersede any existing project-specific funding authority.
Source(Pub. L. 111–11, title IX, § 9504,Mar. 30, 2009, 123 Stat. 1334.)
References in Text
The Endangered Species Act of 1973, referred to in subsec. (a)(1)(F), (G), 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.