[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 331 Reported in House (RH)]

<DOC>





                                                  Union Calendar No. 37
119th CONGRESS
  1st Session
                                H. R. 331

                          [Report No. 119-60]

 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

                             April 17, 2025

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on January 
                               13, 2025]


_______________________________________________________________________

                                 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, 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.''.
    (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 all 
                applicable--
                            ``(i) Federal laws; and
                            ``(ii) policies of the Bureau; 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''.
                                                  Union Calendar No. 37

119th CONGRESS

  1st Session

                               H. R. 331

                          [Report No. 119-60]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             April 17, 2025

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed