with public input, that making the conveyance will lessen 
any of the protections afforded under the laws referred 
to in subsection (a) or is inconsistent with other applicable 
requirements to preserve and protect environmental, cul-
tural, and historic assets. 
SEC. 244. ELIGIBILITY CRITERIA. 
(a) ESTABLISHMENT.—The Secretary shall establish 
criteria for determining whether facilities are eligible for 
conveyance under this chapter. 
(b) MINIMUM REQUIREMENTS.— 
(1) AGREEMENT OF QUALIFYING ENTITY.—The 
criteria established under subsection (a) shall in-
clude a requirement that a qualifying entity agree— 
(A) to accept title to the eligible facility; 
(B) to accept all liability for the eligible fa-
cility, except as otherwise provided in section 
245; 
(C) to use the eligible facility for substan-
tially the same purposes the eligible facility is 
being used for at the time the Secretary evalu-
ates the potential transfer; and 
(D) to provide, as consideration for the as-
sets to be conveyed, compensation to the United 
States in an amount that is the equivalent of 
the net present value of any repayment obliga-
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tion to the United States or other income 
stream the United States derives from the eligi-
ble facility to be transferred as of the date of 
the transfer, including any costs previously 
deemed beyond the irrigator’s ability to pay and 
reassigned to project power customers for re-
payment. 
(2) DETERMINATIONS OF SECRETARY.— 
(A) IN GENERAL.—The criteria established 
under subsection (a) shall include a require-
ment that the Secretary, in consultation with 
the Governor of any State in which the project 
is located, determine that the proposed trans-
fer— 
(i) would not have an unmitigated sig-
nificant effect on the environment; 
(ii) is uncomplicated, based on, as de-
termined by the Secretary— 
(I) there being no significant op-
position to the proposed transfer; 
(II) the eligible facility not being 
hydrologically, operationally, or finan-
cially integrated with other Federal or 
non-Federal water projects; 
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(III) the eligible facility not gen-
erating electric power sold to, or eligi-
ble to be sold to, power customers 
(other than the project itself); and 
(IV) the parties to the transfer 
being able to reach agreement on 
legal, institutional, and financial ar-
rangements relating to the convey-
ance; 
(iii) is consistent with the responsi-
bility of the Secretary— 
(I) to protect land and water re-
sources held in trust for federally rec-
ognized Indian tribes; and 
(II) to ensure compliance with 
any applicable international treaties 
and interstate compacts; and 
(iv) is in the financial interest of the 
United States. 
(B) PUBLICATION.—The Secretary shall 
make publically available information on how 
the Secretary made the determinations under 
subparagraph (A). 
(3) STATUS OF RECLAMATION LAND.—The cri-
teria established under subsection (a) shall require 
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that any land to be conveyed out of Federal owner-
ship under this Act is— 
(A) land acquired by the Secretary; or 
(B) land withdrawn by the Secretary, only 
if— 
(i) the Secretary determines in writing 
that the withdrawn land is encumbered by 
reclamation project facilities to the extent 
that the withdrawn land is unsuitable for 
return to the public domain; and 
(ii) the qualifying entity agrees to pay 
fair market value for the withdrawn land 
to be conveyed. 
SEC. 245. LIABILITY. 
(a) IN GENERAL.—Except as provided in subsection 
(b), effective beginning on the date of conveyance of any 
eligible facility under this chapter, the United States shall 
not be liable under any law for damages of any kind aris-
ing out of any act, omission, or occurrence based on the 
prior ownership or operation of the conveyed property. 
(b) LIMITATION.—Notwithstanding subsection (a), 
the United States shall retain the responsibilities and au-
thorities of the United States for a conveyed property 
based on the prior ownership or operation of the conveyed 
property by the United States under Federal environ-
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mental laws, including the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601 et seq.). 
SEC. 246. BENEFITS. 
After a conveyance of an eligible facility under this 
chapter— 
(1) the conveyed property shall no longer be 
considered to be a part of a reclamation project; and 
(2) the entity to which the conveyed property is 
conveyed shall not be eligible to receive any benefits 
with respect to the conveyed property (including 
project power), except for benefits that would be 
available to a similarly situated entity with respect 
to property that is not part of a reclamation project. 
SEC. 247. COMPLIANCE WITH OTHER LAWS. 
(a) IN GENERAL.—After a conveyance of title under 
this chapter, the qualifying entity to which the property 
is conveyed shall comply with all applicable Federal, State, 
and local laws (including regulations) in the operation of 
the conveyed property. 
(b) EFFECT.— 
(1) IN GENERAL.—Nothing in this chapter shall 
affect or interfere with— 
(A) the laws of any State relating to the 
control, appropriation, use, or distribution of 
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water used in irrigation or for any other pur-
pose; 
(B) any vested right acquired under State 
law; or 
(C) any interstate compact, decree, or ne-
gotiated water rights agreement. 
(2) CONFORMITY WITH STATE LAW.—In car-
rying out this chapter, the Secretary shall proceed in 
conformity with the State laws and rights acquired 
under State law described in paragraph (1). 
SEC. 248. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated to carry out this chapter such sums as are nec-
essary. 
(b) USE
OF AMOUNTS.—Amounts made available 
under subsection (a) may be used— 
(1) to carry out the investigations to carry out 
this chapter; and 
(2) to pay any other costs associated with con-
veyances under this chapter, including an appro-
priate Federal share of the costs of compliance with 
the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) and other applicable law. 
(c) NOT TREATED AS PROJECT COSTS.—Expendi-
tures made by the Secretary under this chapter— 
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(3) an October 2008 study by the National Re-
search Council found that some of the benefits of in-
novative stormwater control infrastructure include— 
(A) increased water supplies; 
(B) the creation of jobs; 
(C) cost savings; and 
(D) a reduction of stormwater runoff, sur-
face water discharge, stormwater pollution, and 
stormwater flows to protect and restore natural 
hydrology, meeting local conditions to the max-
imum extent feasible; and 
(4) capturing stormwater runoff in urban and 
suburban areas of the State of California can in-
crease water supplies by over 600,000 acre-feet an-
nually, and that similar benefits are achievable in 
the urban and suburban areas of other States. 
SEC. 253. DEFINITIONS. 
In this subtitle: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) CENTER.—The term ‘‘center’’ means a cen-
ter of excellence for innovative stormwater control 
infrastructure established under section 4(a). 
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(3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a State, tribal, or local government; or 
(B) a local, regional, or other entity that 
manages stormwater, drinking water resources, 
or waste water resources. 
(4) ELIGIBLE INSTITUTION.— 
(A) IN GENERAL.—The term ‘‘eligible in-
stitution’’ means an institution of higher edu-
cation (as defined in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001)), or a 
research institution, that has demonstrated ex-
cellence in innovative stormwater control infra-
structure by— 
(i) conducting research on innovative 
stormwater control infrastructure to deter-
mine the means by which innovative infra-
structure reduces stormwater runoff, en-
hances 
and 
protects 
drinking 
water 
sources, and improves water quality; 
(ii) developing and disseminating in-
formation regarding the means by which 
an 
organization 
can 
use 
innovative 
stormwater control infrastructure; 
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(iii) providing technical assistance to 
an 
organization 
for 
an 
innovative 
stormwater control infrastructure project; 
(iv) developing best practices stand-
ards for innovative stormwater control in-
frastructure; 
(v) providing job training relating to 
innovative stormwater control infrastruc-
ture; 
(vi) developing course curricula for— 
(I) elementary schools (as defined 
in section 9101 of the Elementary and 
Secondary Education Act of 1965 (20 
U.S.C. 7801)); 
(II) secondary schools (as defined 
in that section); 
(III) institutions of higher edu-
cation (as defined in section 101 of 
the Higher Education Act of 1965 (20 
U.S.C. 1001)); or 
(IV) vocational schools; 
(vii) training students regarding inno-
vative stormwater control infrastructure; or 
(viii) providing information to the 
Federal Government or State, tribal, and 
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local governments regarding the implemen-
tation of innovative stormwater control in-
frastructure. 
(B) ASSOCIATED
DEFINITION.—For pur-
poses of subparagraph (A), the term ‘‘research 
institution’’ means an entity that is— 
(i) described in section 501(c)(3) of 
the Internal Revenue Code of 1986; 
(ii) exempt from tax under section 
501(a) of the Internal Revenue Code of 
1986; and 
(iii) organized and operated for re-
search purposes. 
(5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 518(h) of 
the Federal Water Pollution Control Act (33 U.S.C. 
1377(h)). 
(6) STATE.—The term ‘‘State’’ means— 
(A) each of the several States of the 
United States; 
(B) the District of Columbia; 
(C) the Commonwealth of Puerto Rico; 
(D) Guam; 
(E) American Samoa; 
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(F) the Commonwealth of the Northern 
Mariana Islands; 
(G) the Federated States of Micronesia; 
(H) the Republic of the Marshall Islands; 
(I) the Republic of Palau; and 
(J) the United States Virgin Islands. 
(7) INNOVATIVE STORMWATER CONTROL INFRA-
STRUCTURE.— 
(A) IN GENERAL.—The term ‘‘innovative 
stormwater control infrastructure’’ means any 
green infrastructure stormwater management 
technique that— 
(i) uses natural systems or engineered 
systems that mimic natural processes to 
infiltrate, 
evapotranspire, 
or 
capture 
stormwater; and 
(ii) preserves, enhances, or mimics 
natural hydrology to protect or restore 
water quality. 
(B) INCLUSIONS.—The term ‘‘innovative 
stormwater control infrastructure’’ includes— 
(i) methods that promote absorption, 
uptake, 
percolation, 
evapotranspiration, 
and filtration by soil and plant life; and 
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(ii) the preservation or restoration 
of— 
(I) natural topography, including 
hills, plains, ravines, and shorelines; 
(II) interconnected networks of 
natural land that protect essential ec-
ological functions critical for water 
quality; 
(III) ecological function, includ-
ing forests, grasslands, and deserts; 
(IV) bodies of water, including 
lakes, flood plains, headwaters, and 
wetlands; and 
(V) native soil characteristics of 
composition, 
structure, 
and 
transmissivity. 
SEC. 254. CENTERS OF EXCELLENCE FOR INNOVATIVE 
STORMWATER CONTROL INFRASTRUCTURE. 
(a) ESTABLISHMENT OF CENTERS.— 
(1) IN GENERAL.—The Administrator shall pro-
vide grants, on a competitive basis, to eligible insti-
tutions to establish and maintain not less than 3, 
and not more than 5, centers of excellence for inno-
vative stormwater control infrastructure, to be lo-
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