Authorization of grants and cooperative agreements

(a)

In general

The Secretary may, in accordance with the criteria published under subsection (b), provide grants to, and enter into cooperative agreements with non-Federal entities to pay the Federal share of the cost of a project to plan, design, construct, or otherwise implement improvements to conserve water, increase water use efficiency, facilitate water markets, enhance water management, or implement other actions to prevent water-related crises or conflicts in watersheds that have a nexus to Federal water projects within the Reclamation States. (b)

Eligibility Criteria

(1)

In general

Not later than 1 year after the date of enactment of this Act, the Secretary shall, consistent with this Act, publish in the Federal Register criteria developed by the Secretary for— (A)determining the eligibility of a non-Federal entity for assistance under subsection (a); and (B)prioritizing requests for assistance under subsection (a). (2)

Factors

The criteria developed under paragraph (1) shall take into account such factors as— (A)the extent to which a project under subsection (a) would reduce conflict over water; (B)the extent to which a project under subsection (a) would— (i)increase water use efficiency; or (ii)enhance water management; (C)the extent to which unallocated water is available in the area in which a project under subsection (a) is proposed to be conducted; (D)the extent to which a project under subsection (a) involves water marketing; (E)the likelihood that the benefit of a project under subsection (a) would be attained; (F)whether the non-Federal entity has demonstrated the ability of the non-Federal entity to pay the non-Federal share; (G)the extent to which the assistance provided under subsection (a) is reasonable for the work proposed under the project; (H)the involvement of the non-Federal entity and stakeholders in a project under subsection (a); (I)whether a project under subsection (a) is related to a Bureau of Reclamation project or facility; and (J)the extent to which a project under subsection (a) would conserve water. (c)

Federal facilities

If a grant or cooperative agreement under subsection (a) provides for improvements to a Federal facility— (1)the Federal funds provided under the grant or cooperative agreement may be— (A)provided on a nonreimbursable basis to an entity operating affected transferred works; or (B)determined to be nonreimbursable for non-transferred works; and (2)title to the improvements to the Federal facility shall be held by the United States. (d)

Cost-sharing requirement

(1)

Federal share

The Federal share of the cost of carrying out a project assisted under subsection (a) shall be not more than 50 percent. (2)

Non-Federal share

In calculating the non-Federal share of the cost of carrying out a project under subsection (a), the Secretary— (A)may include any in-kind contributions that the Secretary determines would materially contribute to the completion of proposed project; and (B)shall exclude any funds received from other Federal agencies. (e)

Operation and maintenance costs

The non-Federal share of the cost of operating and maintaining improvements assisted under subsection (a) shall be 100 percent. (f)

Mutual benefit

Grants or cooperative agreements made under this section or section 4 may be for the mutual benefit of the United States and the entity that is provided the grant or enters into the cooperative agreement. (g)

Liability

(1)

In general

Except as provided in paragraph (2), the United States shall not be liable under Federal or State law for monetary damages of any kind arising out of any act, omission, or occurrence relating to any non-Federal facility constructed or improved under this Act. (2)

Exception

Notwithstanding paragraph (1), the United States may be held liable for damages to non-Federal facilities caused by acts of negligence committed by the United States or by an employee or agent of the United States. (3)

No additional liability

Nothing in this section increases the liability of the United States beyond that provided in chapter 171 of title 28, United States Code (commonly known as the Federal Torts Claim Act).