123STA T . 133 5PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(A)belocat e dwi t h i n the S tate s and a r eas re f erred to in the first section of the Act of Ju ne 17, 1 902 ( 43U. S. C . 391)
and ( B ) sub m it to the Secretar y ana p plication that includes a proposal of the impro v ement or activity to be planned, desi g ned, constructed, or implemented by the eligible applicant. (3) REQUIR E M E NTSOFG R A NTS AN DC OO P ERATI V E AGREE - MENTS. — (A) COMP L IANCE W IT H REQUIREMENTS.— E ach grant and agreement entered into by the Secretary with any eligible applicant under paragraph (1) shall be in compliance with each re q uirement described in subparagraphs (B) through ( F ). (B) AGRICULTURAL OPERATIONS.— I n carrying out para- graph (1), the Secretary shall not provide a grant, or enter into an agreement, for an improvement to conserve irriga- tion 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. (C) N ONREIM B URSABLE FUNDS.—Any funds provided by the Secretary to an eligible applicant through a grant or agreement under paragraph (1) shall be nonreimbursable. ( D ) T ITLE TO IMPROVEMENTS.—If an infrastructure improvement to a federally owned facility is the sub j ect of a grant or other agreement entered into between the Secretary and an eligible applicant under paragraph (1), the Federal G overnment shall continue to hold title to the facility and improvements to the facility. (E) COST SHARING.— (i) FEDERAL SHARE.—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 e x ceed 5 0 percent of the cost of the infrastructure improvement or activity. (ii) CALCULATION OF NON-FEDERAL SHARE.—In cal- culating the non-Federal share of the cost of an infra- structure improvement or activity proposed by an eligible applicant through an application submitted by the eligible applicant under paragraph (2), the Sec- retary shall— (I) consider the value of any in- k ind services that substantially contributes toward the comple- tion 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) M A X IMUM AMOUNT.—The amount provided to an eligible applicant through a grant or other agree- ment under paragraph (1) shall be not more than $ 5,000,000.
