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42 U.S.C. § 10364 — Water management improvement
Federal law — U.S. Code and appendices · legal_authorities
**(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 or carrying out any activity—
(A) to conserve water;
(B) to increase water use efficiency;
(C) to facilitate water markets;
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.) under which the Commissioner of Reclamation has implementation responsibilities;
(I) to improve the condition of a natural feature; or
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Source file: Laws/federal/codes/united-states-code/title-42/section-10364-water-management-improvement--6b6858650a.md
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Source location: Title 42, Chapter 109B, § 10364; chapter-109b-secure-water.md
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**(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 or carrying out any activity—
(A) to conserve water;
(B) to increase water use efficiency;
(C) to facilitate water markets;
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) 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) **Application** — To 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section391&num=0&edition=prelim);
(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* — 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*
(i) *In general* — Except 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 tribes* — In 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).
(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*
(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 1015 of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1015&num=0&edition=prelim)); 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 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
(II) not consider any other amount that the eligible applicant receives from a Federal agency.
(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.
(iv) *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.
(F) *Liability*
(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.
(ii) *Tort Claims Act* — Nothing in this section increases the liability of the United States beyond that provided in chapter 171 of title 28 (commonly known as the “Federal Tort Claims Act”).
(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.
**(b) Research agreements**
(1) **Authority of Secretary** — The 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* — 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.
(B) *Availability* — The agreements under this subsection shall be available to all Reclamation projects and programs that may benefit from project-specific or programmatic cooperative research and development.
**(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.
**(e) Authorization of appropriations** There is authorized to be appropriated to carry out this section $920,000,000, to remain available until expended.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds and declares that—
(1) various species of fish, wildlife, and plants in the United States have been rendered extinct as a consequence of economic growth and development untempered by adequate concern and conservation;
(2) other species of fish, wildlife, and plants have been so depleted in numbers that they are in danger of or threatened with extinction;
(3) these species of fish, wildlife, and plants are of esthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people;
(4) the United States has pledged itself as a sovereign state in the international community to conserve to the extent practicable the various species of fish or wildlife and plants facing extinction, pursuant to—
(A) migratory bird treaties with Canada and Mexico;
(B) the Migratory and Endangered Bird Treaty with Japan;
(C) the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere;
(D) the International Convention for the Northwest Atlantic Fisheries;
(E) the International Convention for the High Seas Fisheries of the North Pacific Ocean;
(F) the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and
(G) other international agreements; and
(5) encouraging the States and other interested parties, through Federal financial assistance and a system of incentives, to develop and maintain conservation programs which meet national and international standards is a key to meeting the Nation’s international commitments and to better safeguarding, for the benefit of all citizens, the Nation’s heritage in fish, wildlife, and plants.
**(b) Purposes** The purposes of this chapter are to provide a means whereby the ecosystems upon which endangered
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1531
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Federal law — U.S. Code and appendices · legal_authorities
All moneys received from the sale and disposal of public lands in Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Wyoming, beginning with the fiscal year ending June 30, 1901, including the surplus of fees and commissions in excess of allowances to officers designated by the Secretary of the Interior, and excepting the 5 per centum of the proceeds of the sales of public lands in the above States set aside by law for educational and other purposes, shall be, and the same are, reserved, set aside, and appropriated as a special fund in the Treasury to be known as the “reclamation fund”, to be used in the examination and survey for and the construction and maintenance of irrigation works for the storage, diversion, and development of waters for the reclamation of arid and semiarid lands in the said States and Territories, and for the payment of all other expenditures provided for in this Act.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 391
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Federal law — U.S. Code and appendices · legal_authorities
In order to initiate the comprehensive development of the water resources of the Upper Colorado River Basin, for the purposes, among others, of regulating the flow of the Colorado River, storing water for beneficial consumptive use, making it possible for the States of the Upper Basin to utilize, consistently with the provisions of the Colorado River Compact, the apportionments made to and among them in the Colorado River Compact and the Upper Colorado River Basin Compact, respectively, providing for the reclamation of arid and semiarid land, for the control of floods, and for the generation of hydroelectric power, as an incident of the foregoing purposes, the Secretary of the Interior is authorized (1) to construct, operate, and maintain the following initial units of the Colorado River storage project, consisting of dams, reservoirs, powerplants, transmission facilities and appurtenant works: Wayne N. Aspinall, Flaming Gorge, Navajo (dam and reservoir only), and Glen Canyon: Provided, That the Wayne N. Aspinall Dam shall be constructed to a height which will impound not less than nine hundred and forty thousand acre-feet of water or will create a reservoir of such greater capacity as can be obtained by a high waterline located at seven thousand five hundred and twenty feet above mean sea level, and that construction thereof shall not be undertaken until the Secretary has, on the basis of further engineering and economic investigations, reexamined the economic justification of such unit and, accompanied by appropriate documentation in the form of a supplemental report, has certified to the Congress and to the President that, in his judgment, the benefits of such unit will exceed its costs; and (2) to construct, operate, and maintain the following additional reclamation
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 620
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Affected stakeholder** — The term “affected stakeholder” means an entity that significantly affects, or is significantly affected by, the quality or quantity of water in a watershed, as determined by the Secretary.
(2) **Disadvantaged community** — The term “disadvantaged community” means a community (including a city, town, county, or reasonably isolated and divisible segment of a larger municipality) with an annual median household income that is less than 100 percent of the statewide annual median household income for the State in which the community is located, according to the most recent decennial census.
(3) **Grant recipient** — The term “grant recipient” means a watershed group that the Secretary has selected to receive a grant under [section 1015a(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1015a/c/2&num=0&edition=prelim).
(4) **Program** — The term “program” means the Cooperative Watershed Management Program established by the Secretary under [section 1015a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1015a/a&num=0&edition=prelim).
(5) **Secretary** — The term “Secretary” means the Secretary of the Interior.
(6) **Watershed group** — The term “watershed group” means a self-sustaining, cooperative watershed-wide group that—
(A) is comprised of representatives of the affected stakeholders of the relevant watershed;
(B) incorporates the perspectives of a diverse array of stakeholders, including, to the maximum extent practicable—
(i) representatives of—
(I) hydroelectric production;
(II) livestock grazing;
(III) timber production;
(IV) land development;
(V) recreation or tourism;
(
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1015
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Federal law — U.S. Code and appendices · legal_authorities
There are authorized to be appropriated to the Secretary of the Interior, acting through the Commissioner of Reclamation (referred to in this chapter as the “Secretary”), for the period of fiscal years 2022 through 2026—
(1) $1,150,000,000 for water storage, groundwater storage, and conveyance projects in accordance with [section 3202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section3202&num=0&edition=prelim), of which $100,000,000 shall be made available to provide grants to plan and construct small surface water and groundwater storage projects in accordance with [section 3203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section3203&num=0&edition=prelim);
(2) $3,200,000,000 for the Aging Infrastructure Account established by subsection (d)(1) of [section 510b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section510b&num=0&edition=prelim), to be made available for activities in accordance with that subsection, including major rehabilitation and replacement activities, as identified in the Asset Management Report of the Bureau of Reclamation dated April 2021, of which—
(A) $100,000,000 shall be made available for Bureau of Reclamation reserved or transferred works that have suffered a critical failure, in accordance with [section 3204(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section3204/a&num=0&edition=prelim); and
(B) $100,000,000 shall be made available for the rehabilitation, reconstruction, or replacement of a dam in accordance with [section 3204(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section3204/b&num=0&edition=prelim);
(3) $1,000,000,000 for rura
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 3201
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Federal law — U.S. Code and appendices · legal_authorities
Page 1909
TITLE 16—CONSERVATION
§ 1531
maintenance of continuing and stable supply of agri-
cultural commodities and forest products.
Section 1502, Pub. L. 91–524, title X, § 1002, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242, required
eligible landowners and operators to furnish plan of
farming operations or land use to Secretary.
Section 1503, Pub. L. 91–524, title X, § 1003, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242; amended
Pub. L. 93–125, § 1(g)(i), Oct. 18, 1973, 87 Stat. 450, related
to approved conservation plans as basis for contracts,
duties under contracts, and termination or modifica-
tion of contracts.
Section 1504, Pub. L. 91–524, title X, § 1004, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243, author-
ized furnishing of conservation materials to eligible
owners and operators.
Section 1505, Pub. L. 91–524, title X, § 1005, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243; amended
Pub. L. 95–113, title XV, § 1509, Sept. 29, 1977, 91 Stat.
1022, authorized establishment of multiyear set-aside
contracts.
Section 1506, Pub. L. 91–524, title X, § 1006, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, author-
ized issuance of rules and regulations as well as limita-
tions on total retired acreage.
Section 1507, Pub. L. 91–524, title X, § 1007, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244; amended
Pub. L. 93–125, § 1(g)(ii), Oct. 18, 1973, 87 Stat. 450, di-
rected appointment of advisory boards to assist in de-
velopment of programs under this chapter.
Section 1508, Pub. L. 91–524, title X, § 1008, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, directed
coordination with and utilization of Federal, State, and
local services and facili
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1531
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 1531. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 8044
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 10364
1 See Extension of Authorization of Appropriations note below.
tion laws that govern the operation of any Fed-
eral reclamation project.
(f) Authorization of appropriations
There are authorized to be appropriated such
sums as are necessary to carry out this section
for each of fiscal years 2009 through 2023,1 to re-
main available until expended.
(Pub. L. 111–11, title IX, § 9503, Mar. 30, 2009, 123
Stat. 1332.)
Editorial Notes
REFERENCES IN TEXT
The Endangered Species Act of 1973, referred to in
subsec. (b)(3)(E), 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 classi-
fication of this Act to the Code, see Short Title note
set out under section 1531 of Title 16 and Tables.
Statutory Notes and Related Subsidiaries
EXTENSION OF AUTHORIZATION OF APPROPRIATIONS
Pub. L. 118–42, div. D, title II, § 207, Mar. 9, 2024, 138
Stat. 195, provided that: ‘‘Section 9503(f) of the Omnibus
Public Land Management Act of 2009 (42 U.S.C. 10363(f))
shall be applied by substituting ‘2024’ for ‘2023’.’’
§ 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 ap-
plicant to assist the eligible applicant in plan-
ning, designing, or constructing any improve-
ment or carrying out any activity—
(A) to conserve water;
(B) to increase water use efficiency;
(C) to facilitate water markets;
(D) to enhance water management, includ-
ing increasing the use of renewable energy
in the management and delivery of water;
(E) to accelerate the adoption and use of
advanced wat
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10364
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.