[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