; ; and (2) in paragraph (3)(B)(i), by striking subclause (II) and inserting the following: (II) to use the assistance provided under a grant or agreement to increase the consumptive use of water for agricultural operations above the pre-project levels, as determined pursuant to the law of the State in which the operation of the eligible applicant is located. . (b) Authorization of appropriations Section 9504(e) of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10364(e) ) is amended by striking $820,000,000 and inserting $1,000,000,000 . II Ecosystem protection and restoration 201. Waterbird and shorebird habitat creation program (a) Authorization of habitat creation program (1) In general Subject to paragraphs (2) and (3), the Secretary shall establish a program under which the Secretary shall provide financial assistance to eligible agricultural producers in Reclamation States, in the form of direct payments or credits, as applicable, to compensate the eligible agricultural producers for the creation and maintenance of waterbird and shorebird habitats. (2) Limitation on amount of financial assistance Not more than a total of $3,500,000 of financial assistance may be provided for each fiscal year under paragraph (1). (3) Conditions Financial assistance shall be provided under paragraph (1) only if the Secretary determines that the activities receiving the financial assistance would— (A) create new habitat that would not otherwise be created