To amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes.

[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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