[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 331 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 331
To amend the Aquifer Recharge Flexibility Act to clarify a provision
relating to conveyances for aquifer recharge purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 13, 2025
Mr. Fulcher (for himself and Mr. Simpson) introduced the following
bill; which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To amend the Aquifer Recharge Flexibility Act to clarify a provision
relating to conveyances for aquifer recharge purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CONVEYANCE FOR AQUIFER RECHARGE PURPOSES.
(a) In General.--Subsection (c)(3) of the Aquifer Recharge
Flexibility Act (43 U.S.C. 390g-9) is amended--
(1) by striking ``The holder'' and inserting the following:
``(A) In general.--The holder'';
(2) in subparagraph (A) (as so designated), by striking
``may transport water for aquifer recharge purposes without
requiring additional authorization from the Secretary where the
use does not expand or modify the operation'' and inserting
``may, acting for the holder or on behalf of a State, political
subdivision of a State, Indian Tribe, or public entity and
subject to subparagraphs (B) and (C), use the existing right-
of-way, easement, permit, or other authorization for the
purpose of aquifer recharge and the transport and use of water
rights for aquifer recharge without requiring additional
authorization from the Secretary, which use shall not be
considered an expansion, modification, major Federal action, or
substantial deviation''; and
(3) by adding at the end the following:
``(B) Notice required.--
``(i) In general.--Not less than 30 days
before using an existing right-of-way,
easement, permit, or other authorization for
the purpose of aquifer recharge under
subparagraph (A), the holder of the right-of-
way, easement, permit, or other authorization
shall submit to the Bureau of Land Management
notice of the intended use, in accordance with
clause (ii).
``(ii) Requirements.--A notice submitted
under clause (i) shall--
``(I) identify the State, political
subdivision of the State, Indian Tribe,
or public entity intending to use the
existing right-of-way, easement,
permit, or other authorization for the
purpose of aquifer recharge;
``(II) identify the existing right-
of-way, easement, permit, other
authorization, or recognized authorized
use for ditches and canals constructed
on public land before or on October 21,
1976, under the authority of sections
2339 and 2340 of the Revised Statutes
(43 U.S.C. 661) intended to be used;
``(III) provide details on the
intended use and scope of use for the
purpose of aquifer recharge of the
existing right-of-way, easement,
permit, or other authorization; and
``(IV) provide a copy of the
agreement between the State, political
subdivision of the State, Indian Tribe,
or public entity and the holder of the
right-of-way, easement, permit, or
other authorization to use the existing
right-of-way, easement, permit, or
other authorization for the purpose of
aquifer recharge.
``(C) Exemption from payment of additional rent.--
``(i) In general.--Except as provided in
clause (ii), any use of an existing right-of-
way, easement, permit, or other authorization
for the purpose of aquifer recharge under
subparagraph (A) shall be exempt from the
payment of additional rent to the Bureau of
Land Management.
``(ii) For-profit uses and entities.--
Clause (i) shall not apply to--
``(I) any for-profit uses of
aquifer recharge; or
``(II) any for-profit entities.''.
(b) Effect.--Subsection (c)(4) of the Aquifer Recharge Flexibility
Act (43 U.S.C. 390g-9) is amended--
(1) by striking ``Act creates'' and inserting ``section--
``(A) creates'';
(2) in subparagraph (A) (as so designated), by striking the
period at the end and inserting a semicolon; and
(3) by adding at the end of the following:
``(B) waives the obligation of the holder of a
right-of-way, easement, permit, or other authorization
described in paragraph (3)(A) to comply with--
``(i) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.);
``(ii) the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.); or
``(iii) the Wild and Scenic Rivers Act (16
U.S.C. 1271 et seq.); or
``(C) provides authority to construct, modify, or
expand any existing infrastructure covered under
subsection (c)(3).''.
(c) Technical Amendments.--The Aquifer Recharge Flexibility Act (43
U.S.C. 390g-9) is amended in each of subsections (a) and (c)(5) by
striking ``Act'' each place it appears and inserting ``section''.
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