Sec. 103. Watersmart extension and expansion
965 words·~4 min read·
/bill/116/s/4189/is/section-103A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 9502 of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10362 ) is amended— in the matter preceding paragraph (1), by striking section and inserting subtitle ; and by striking paragraph
(7)and inserting the following: The term eligible applicant means— any State, Indian tribe, irrigation district, or water district; any State, regional, or local authority, the members of which include 1 or more organizations with water or power delivery authority; any other organization with water or power delivery authority; and any nonprofit conservation organization, acting in partnership with any entity listed in subparagraphs
(A)through (C), with respect to a project involving land or infrastructure owned by the entity. . Section 9504(a) of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10364(a) ) is amended— in paragraph (1)— in the matter preceding subparagraph (A), by inserting or carrying out any activity after any improvement ; by striking subparagraphs
(A)through (E); by redesignating subparagraphs
(F)through
(H)as subparagraphs
(B)through (D), respectively; by inserting before subparagraph
(B)(as so redesignated) the following: to assist States and water users in complying with interstate compacts or reducing basin water supply-demand imbalances, including through temporary, voluntary, and compensated transactions that decrease consumptive water use at a regional or watershed scale; ; in subparagraph
(B)(as so redesignated), by striking to prevent and inserting to achieve the prevention of ; in subparagraph
(C)(as so redesignated), by striking to accelerate and inserting to achieve the acceleration of ; and in subparagraph
(D)(as so redesignated)— by striking clause
(i)and inserting the following: to increase ecological resilience to climate change by addressing climate-related impacts or vulnerability to the water supply of the United States, including by enhancing natural water storage within a floodplain or riparian wetland; ; in clause (ii), by striking the period at the end and inserting ; or ; and by adding at the end the following: to plan for or address the impacts of drought. ; by redesignating paragraphs
(2)and
(3)as paragraphs
(3)and (4), respectively; by inserting after paragraph
(1)the following: The improvements or activities eligible for assistance under paragraph
(1)may include improvements or activities— using an approach that— conserves water; increases water use efficiency; facilitates water markets; or enhances water management, including increasing the use of renewable energy in the management and delivery of water or increasing natural water storage; to improve the condition of natural water recharge infrastructure; or to achieve the acceleration of the adoption and use of advanced water treatment technologies to increase water supply. ; in paragraph
(3)(as so redesignated), by striking subparagraph
(B)and inserting the following: 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; and a proposal for a pre- and post-project monitoring plan that would demonstrate ways in which the proposed improvement or activity would result in improved streamflows and aquatic habitat; an analysis of ways in which the proposed improvement or activity would improve compliance with interstate compacts; or an analysis of ways in which the proposed improvement or activity would reduce basin-scale water supply-demand imbalances. ; and in paragraph
(4)(as so redesignated)— in subparagraph (A), by striking
(F)and inserting
(G); in subparagraph (B)(i), by striking subclause
(II)and inserting the following: to use the assistance provided under a grant or agreement to increase the consumptive use of water for agricultural operations above the pre-project levels, as determined pursuant to the law of the State in which the operation of the eligible applicant is located. ; in subparagraph (E)— by striking clause
(i)and inserting the following: The Federal share of the cost of any infrastructure improvement or activity that is the subject of the 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; or in the case of an infrastructure improvement or activity that provides benefits to consumptive water users and nonconsumptive ecological or recreational values in which the nonconsumptive benefit accounts for at least 30 percent of the cost of the improvement or activity, as determined by the Secretary, shall not exceed 75 percent of the cost of the infrastructure improvement or activity. ; and in clause (ii), in the matter preceding subclause (I), by striking paragraph
(2)and inserting paragraph
(3); and by adding at the end the following: Not more than 30 percent of the total amounts provided to eligible applicants through grants or other agreements for a fiscal year under paragraph
(1)shall be provided to nonprofit conservation organizations. . Section 9504 of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10364 ) is amended by striking subsection
(e)and inserting the following: Subject to paragraph (2), there are authorized to be appropriated to carry out this section— $50,000,000 for fiscal year 2021; $55,000,000 for fiscal year 2022; $60,000,000 for fiscal year 2023; $65,000,000 for fiscal year 2024; and $70,000,000 for fiscal year 2025. Of the amounts made available under paragraph (1), $50,000,000 for the period of fiscal years 2021 through 2025 shall be used to carry out section 206 of the Energy and Water Development and Related Agencies Appropriation Act, 2015 ( 43 U.S.C. 620 note; Public Law 113–235 ). . Section 4009(d) of Public Law 114–322 ( 42 U.S.C. 10364 note; Public Law 114–322 ) is amended by striking 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 Appropriation Act, 2015 ( . 43 U.S.C. 620 note; Public Law 113–235 )
Connectionstraces to 5
Traces to 5 documents
U.S. Code
Citation graph
cites case law
Sec. 103
Watersmart extension and expansion
Cites 5Cited by 0 across 0 sources