Pub. L. 116-9, tit. VIII, subtit. F, sec. 8501 (as amended)
WATERSMART.
SEC. 8501. WATERSMART. Section 9504 of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364) is amended in subsection (a)—
(1) in paragraph (2)(A)—
(A) by striking “within the States” and inserting the following: “within—
“(i) the States”
;
(B) in clause (i) (as so designated), by striking “and” at the end; and
(C) by adding at the end the following:
“(ii) the State of Alaska; or
“(iii) the State of Hawaii; and”
; and
(2) in paragraph (3)(B)—
(A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately;
(B) in the matter preceding subclause (I) (as so redesignated), by striking “In carrying” and inserting the following:
“(i) In general.—Except as provided in clause (ii), in carrying”
; and
(C) by adding at the end the following:
“(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).”
.