Sec. 1106. WATERSMART EXTENSION AND EXPANSION
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## SEC. 1106 WATERSMART EXTENSION AND EXPANSION ###
(a)Definition of Eligible Applicant Section 9502 of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10362) is amended— ####
(1)in the matter preceding paragraph (1), by striking “section” and inserting “subtitle”; ####
(2)by striking paragraph
(7)and inserting the following: > > #### “(7) Eligible applicant > > The term ‘eligible applicant’ means— > > > ##### “(A) > > any State, Indian tribe, irrigation district, or water district; > > > ##### “(B) > > any State, regional, or local authority, the members of which include 1 or more organizations with water or power delivery authority; > > > ##### “(C) > > any other organization with water or power delivery authority; and > > > ##### “(D) > > any nonprofit conservation organization, if— > > > ###### “(i) > > the nonprofit conservation organization is acting in partnership with and with the agreement of an entity described in subparagraph (A), (B), or (C); or > > > ###### “(ii) > > in the case of an application for a project to improve the condition of a natural feature or nature-based feature on Federal land, the entities described in subparagraph (A), (B), or
(C)from the applicable service area have been notified of the project application and there is no written objection to the project.” > ; ####
(3)in paragraph (10), by striking “450b” and inserting “5304”; ####
(4)by redesignating paragraphs
(13)through
(17)as paragraphs
(15)through (19), respectively; and ####
(5)by inserting after paragraph
(12)the following: > > #### “(13) Natural feature > > The term ‘natural feature’ means a feature that is created through the action of physical, geological, biological, and chemical processes over time. > > > #### “(14) Nature-based feature > > The term ‘nature-based feature’ means a feature that is created by human design, engineering, and construction to provide a means to reduce water supply and demand imbalances or drought or flood risk by acting in concert with natural processes.” > . ###
(b)Grants and Cooperative Agreements Section 9504(a) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(a)) is amended— ####
(1)in paragraph (1)— #####
(A)in the matter preceding subparagraph (A), by inserting “or carrying out any activity” after “any improvement”; #####
(B)by redesignating subparagraphs (F), (G), and
(H)as subparagraphs (G), (H), and (J), respectively; #####
(C)by inserting after subparagraph
(E)the following: > > ##### “(F) > > to assist States and water users in complying with interstate compacts or reducing basin water supply-demand imbalances;” > ; #####
(D)in subparagraph
(G)(as so redesignated), by striking “to prevent” and inserting “to achieve the prevention of”; #####
(E)in subparagraph
(H)(as so redesignated)— ######
(i)by striking “to accelerate” and inserting “to achieve the acceleration of”; and ######
(ii)by striking “or” at the end; #####
(F)by inserting after subparagraph
(H)(as so redesignated) the following: > > ###### “(I) > > to improve the condition of a natural feature; or” > ; and #####
(G)in subparagraph
(J)(as so redesignated)— ######
(i)in clause (i), by striking “or” at the end; ######
(ii)in clause (ii), by striking the period at the end and inserting “; or”; and ######
(iii)by adding at the end the following: > > ### “(iii) > > to plan for or address the impacts of drought.” > ; ####
(2)in paragraph (2)— #####
(A)in subparagraph (A)— ######
(i)in clause (ii), by striking “or”; ######
(ii)in clause (iii), by striking “and” and inserting “or”; and ######
(iii)by adding at the end the following: > > ###### “(iv) > > the Commonwealth of Puerto Rico; and” > ; and #####
(B)by striking subparagraph
(B)and inserting the following: > > ##### “(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)in paragraph (3)(E), by striking clause
(i)and inserting the following: > > ###### “(i) Federal share > > > ###### “(I) In general > > Except as provided in subclause (II), 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) Increased federal share for certain infrastructure improvements and activities > > The 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 6001); 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.” > ; and ####
(4)by adding at the end the following: > > #### “(4) Priority > > In providing grants to, and entering into agreements for, projects intended to have a quantifiable water savings under this subsection, the Secretary shall give priority to projects that enhance drought resilience by benefitting the water supply and ecosystem.” > . ###
(c)Research Agreements Section 9504(b)(1) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(b)(1)) is amended— ####
(1)in the matter preceding subparagraph (A), by striking “or organization with water or power delivery authority” and inserting “or eligible applicant”; ####
(2)in subparagraph (B), by striking “or” at the end; ####
(3)by redesignating subparagraph
(C)as subparagraph (D); and ####
(4)by inserting after subparagraph
(B)the following: > > ##### “(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)Authorization of Appropriations Section 9504(e) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(e)) is amended by striking “ $530,000,000” and inserting “ $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)”. ###
(e)Conforming Amendment Section 4009(d) of Public Law 114-322 (42 U.S.C. 10364 note) 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 Appropriations Act, 2015 (43 U.S.C. 620 note; Public Law 113-235)”.
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Sec. 1106
WATERSMART EXTENSION AND EXPANSION
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