[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 228 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 228
To amend the Federal Agriculture Improvement and Reform Act of 1996 to
ensure that producers who rely on acequia systems have access to
drought protections, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 23, 2025
Mr. Lujan (for himself and Mr. Cornyn) introduced the following bill;
which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Federal Agriculture Improvement and Reform Act of 1996 to
ensure that producers who rely on acequia systems have access to
drought protections, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Acequia Communities Empowered by
Qualifying Upgrades for Infrastructure Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Water delivery systems known as acequias, or community
ditches, are a centuries-old system used for water
distribution.
(2) A combination of Spanish and Indigenous irrigation
methods, acequias were expanded in New Mexico during the 16th
century to allow for farming to sustain the needs of the
community.
(3) Acequias are a vital component of the economy of the
State of New Mexico (referred to in this section as the
``State'').
(4) Acequias are a centuries-old form of water governance
and are recognized as political subdivisions of the State.
(5) Acequias consist of water rights holders, often called
parciantes, who are responsible for the upkeep and maintenance
of the acequias and who internally elect a board to monitor and
administer surface water rights.
(6) In the State, acequias have created a cultural
landscape and way of life centered around local agriculture,
water governance, and a custom of sharing scarce water.
(7) Acequias--
(A) play an integral role in maintaining forest and
watershed health;
(B) serve as examples of responsible land and water
stewardship by providing benefits such as groundwater
recharge, flood attenuation, and groundwater
contaminants filtration; and
(C) support native vegetation and provide habitat
for wildlife species.
(8) Despite their contribution to local food production and
watershed stewardship, acequias are managing already limited
water resources under conditions of aridification, changing
irrigation and growing seasons, and encroachment of invasive
species.
(9) To address crop loss, planting challenges, and yield
reductions, parciantes rely on direct financial assistance from
Department of Agriculture programs, including the noninsured
crop disaster assistance program established by section 196 of
the Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333).
SEC. 3. ENSURING FARMERS AND RANCHERS HAVE ACCESS TO DROUGHT AND
DISASTER PROTECTIONS.
Section 196(c)(2) of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7333(c)(2)) is amended by adding at the end the
following:
``(C) Acequia systems.--On making a determination
described in subsection (a)(3) for producers who rely
on acequia systems, the Secretary shall provide
assistance under this section to those producers from
all losses suffered as a result of the cause described
in subsection (a)(3).''.
SEC. 4. SPECIAL USE PERMITS NOT REQUIRED FOR ROUTINE MAINTENANCE AND
MINOR IMPROVEMENTS OF ACEQUIAS.
(a) Definitions.--In this section:
(1) Acequia.--The term ``acequia'' has the meaning of the
term ``community ditch'' as that term is construed under New
Mexico Stat. 73-2-27.
(2) Community user.--The term ``community user'' means an
employee, contractor, delegate, representative, volunteer, or
other authorized personnel of the governing body of an acequia.
(3) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
land under the jurisdiction of the Secretary of
Agriculture; and
(B) the Secretary of the Interior, with respect to
land under the jurisdiction of the Secretary of the
Interior.
(b) Prohibition.--A special use permit shall not be required for--
(1) the presence or use of an acequia on Federal land or
the use of the water therein; or
(2) routine maintenance and minor improvements described in
subsection (c) conducted by a community user or governing body
of an acequia on an acequia on Federal land.
(c) Routine Maintenance and Minor Improvements Described.--Routine
maintenance and minor improvements referred to in subsection (b)(2)
are--
(1) cleaning, maintenance, repair, or replacement-in-kind
of infrastructure;
(2) annual ditch cleaning, including removal of silt; and
(3) any other traditional activity that preserves the state
of the acequia, as agreed to in writing by the Secretary
concerned and the governing body of the acequia.
SEC. 5. DEPARTMENT OF AGRICULTURE REPORTING.
Not later than 2 years after the date of enactment of this Act, the
Secretary of Agriculture shall submit to the Committee on Agriculture,
Nutrition, and Forestry of the Senate and the Committee on Agriculture
of the House of Representatives a report that includes the following
information:
(1) The number of agricultural producers in the most recent
calendar year who rely on acequia systems or other traditional
infrastructure that is vulnerable to drought conditions.
(2) The amount of assistance provided under the noninsured
crop disaster assistance program established by section 196 of
the Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333) to producers described in subsection (c)(2)(C) of
that section, in each county, during the most recent calendar
year.
(3) An analysis of the ability of agricultural producers
who rely on acequia systems or other traditional infrastructure
that is vulnerable to drought conditions to access all programs
administered by the Farm Service Agency and the Natural
Resources Conservation Service.
(4) A summary of any Department of Agriculture programs or
initiatives in the most recent calendar year that provide
technical or financial assistance targeted to agricultural
producers who rely on acequia systems or other traditional
infrastructure that is vulnerable to drought conditions.
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