II 

109TH CONGRESS 

2D SESSION S. 2561 

To authorize the Secretary of the Interior to make available cost-shared 

grants and enter into cooperative agreements to further the goals of 

the Water 2025 Program by improving water conservation, efficiency, 

and management in the Reclamation States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 6, 2006 

Mr. DOMENICI introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To authorize the Secretary of the Interior to make available 

cost-shared grants and enter into cooperative agreements 

to further the goals of the Water 2025 Program by 

improving water conservation, efficiency, and management in the Reclamation States, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Bureau of Reclamation 

5 Water Conservation, Efficiency, and Management Im6 provement Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) NON-FEDERAL ENTITY.—The term ‘‘non4 Federal entity’’ means a State, Indian tribe, irriga5 tion district, water district, or any other organiza6 tion with water delivery authority. 

7 (2) RECLAMATION STATE.—The term ‘‘Rec8 lamation State’’ means each of the States of Ari9 zona, California, Colorado, Idaho, Kansas, Montana, 

10 Nebraska, Nevada, New Mexico, North Dakota, 

11 Oklahoma, Oregon, South Dakota, Texas, Utah, 

12 Washington, and Wyoming. 

13 (3) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of the Interior, acting through the 

15 Commissioner of Reclamation. 

16 SEC. 3. AUTHORIZATION OF GRANTS AND COOPERATIVE 

17 AGREEMENTS. 

18 (a) IN GENERAL.—The Secretary may, in accordance 

19 with the criteria published under subsection (b), provide 

20 grants to, and enter into cooperative agreements with non21 Federal entities to pay the Federal share of the cost of 

22 a project to plan, design, construct, or otherwise imple23 ment improvements to conserve water, increase water use 

24 efficiency, facilitate water markets, enhance water man25 agement, or implement other actions to prevent water-reVerDate Aug 31 2005 02:20 Apr 08, 2006 Jkt 049196 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2561.IS S2561

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1 lated crises or conflicts in watersheds that have a nexus 

2 to Federal water projects within the Reclamation States. 

3 (b) ELIGIBILITY CRITERIA.— 

4 (1) IN GENERAL.—Not later than 1 year after 

5 the date of enactment of this Act, the Secretary 

6 shall, consistent with this Act, publish in the Federal 

7 Register criteria developed by the Secretary for— 

8 (A) determining the eligibility of a non9 Federal entity for assistance under subsection 

10 (a); and 

11 (B) prioritizing requests for assistance 

12 under subsection (a). 

13 (2) FACTORS.—The criteria developed under 

14 paragraph (1) shall take into account such factors 

15 as— 

16 (A) the extent to which a project under 

17 subsection (a) would reduce conflict over water; 

18 (B) the extent to which a project under 

19 subsection (a) would— 

20 (i) increase water use efficiency; or 

21 (ii) enhance water management; 

22 (C) the extent to which unallocated water 

23 is available in the area in which a project under 

24 subsection (a) is proposed to be conducted; 


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1 (D) the extent to which a project under 

2 subsection (a) involves water marketing; 

3 (E) the likelihood that the benefit of a 

4 project under subsection (a) would be attained; 

5 (F) whether the non-Federal entity has 

6 demonstrated the ability of the non-Federal en7 tity to pay the non-Federal share; 

8 (G) the extent to which the assistance pro9 vided under subsection (a) is reasonable for the 

10 work proposed under the project; 

11 (H) the involvement of the non-Federal en12 tity and stakeholders in a project under sub13 section (a); 

14 (I) whether a project under subsection (a) 

15 is related to a Bureau of Reclamation project or 

16 facility; and 

17 (J) the extent to which a project under 

18 subsection (a) would conserve water. 

19 (c) FEDERAL FACILITIES.—If a grant or cooperative 

20 agreement under subsection (a) provides for improvements 

21 to a Federal facility— 

22 (1) the Federal funds provided under the grant 

23 or cooperative agreement may be— 


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1 (A) provided on a nonreimbursable basis to 

2 an entity operating affected transferred works; 

3 or 

4 (B) determined to be nonreimbursable for 

5 non-transferred works; and 

6 (2) title to the improvements to the Federal fa7 cility shall be held by the United States. 

8 (d) COST-SHARING REQUIREMENT.— 

9 (1) FEDERAL SHARE.—The Federal share of 

10 the cost of carrying out a project assisted under sub11 section (a) shall be not more than 50 percent. 

12 (2) NON-FEDERAL SHARE.—In calculating the 

13 non-Federal share of the cost of carrying out a 

14 project under subsection (a), the Secretary— 

15 (A) may include any in-kind contributions 

16 that the Secretary determines would materially 

17 contribute to the completion of proposed 

18 project; and 

19 (B) shall exclude any funds received from 

20 other Federal agencies. 

21 (e) OPERATION AND MAINTENANCE COSTS.—The 

22 non-Federal share of the cost of operating and maintain23 ing improvements assisted under subsection (a) shall be 

24 100 percent. 


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1 (f) MUTUAL BENEFIT.—Grants or cooperative agree2 ments made under this section or section 4 may be for 

3 the mutual benefit of the United States and the entity that 

4 is provided the grant or enters into the cooperative agree5 ment. 

6 (g) LIABILITY.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (2), the United States shall not be liable 

9 under Federal or State law for monetary damages of 

10 any kind arising out of any act, omission, or occur11 rence relating to any non-Federal facility con12 structed or improved under this title. 

13 (2) EXCEPTION.—Notwithstanding paragraph 

14 (1), the United States may be held liable for dam15 ages to non-Federal facilities caused by acts of neg16 ligence committed by the United States or by an em17 ployee or agent of the United States. 

18 (3) NO ADDITIONAL LIABILITY.—Nothing in 

19 this section increases the liability of the United 

20 States beyond that provided in chapter 171 of title 

21 28, United States Code (commonly known as the 

22 ‘‘Federal Torts Claim Act’’). 

23 SEC. 4. RESEARCH AGREEMENTS. 

24 The Secretary may enter into cooperative agreements 

25 with institutions of higher education, nonprofit research 


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1 institutions, or organizations with water or power delivery 

2 authority to fund research to conserve water, increase 

3 water use efficiency, or enhance water management under 

4 such terms and conditions as the Secretary determines to 

5 be appropriate. 

6 SEC. 5. EFFECT. 

7 Nothing in this title affects any existing project-spe8 cific funding authority. 

9 SEC. 6. EFFECT ON STATE WATER LAW. 

10 Nothing in this Act invalidates, preempts, or creates 

11 any exception to State water law, State water rights, or 

12 any interstate compact governing water. 

13 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

14 There is authorized to be appropriated to carry out 

15 this Act $25,000,000 for each of fiscal years 2007 through 

16 2016. 

Æ 


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