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This bill makes it clearer that existing rights-of-way, easements, permits, and similar approvals on federal land can be used for aquifer recharge, which means storing water underground to refill groundwater supplies. It says states, local governments, Indian Tribes, and other public entities may use these existing permissions for aquifer recharge without needing new approval from the Secretary of the Interior, as long as they follow certain notice rules. The bill also makes clear that this kind of use is not treated as an expansion or major change to the original authorization, and it does not cancel other federal requirements or allow new construction or expansion of infrastructure.
- At least 30 days before using an existing right-of-way or permit for aquifer recharge, the holder must notify the Bureau of Land Management.
- The notice must identify who plans to use the authorization, what authorization will be used, what the intended recharge activity will be, and include a copy of the agreement allowing that use.
- The bill says this change does not waive other applicable federal laws or Bureau of Land Management policies.
- It also says the rule does not give new authority to build, modify, or expand existing infrastructure covered by the original authorization.
Official Summaries
This bill modifies the Aquifer Recharge Flexibility Act to expand provisions concerning authorizations (e.g., rights-of-way) to transport water across public land administered by the Bureau of Land Management (BLM) for aquifer recharge purposes.
Under the Aquifer Recharge Flexibility Act, the holder of existing rights-of-way, easements, permits, or other authorizations to transport water across BLM land may transport the water for aquifer recharge purposes without additional authorization from the Department of the Interior so long as the use does not expand or modify the operation of such authorizations across public land.
The bill allows the holders of such authorizations to act not only on behalf of themselves, but also on behalf of states, Indian Tribes, or public entities, to use the existing authorizations for aquifer recharge without additional authorization from the Department of the Interior. Further, the bill states that this use may not be considered an expansion, modification, major federal action, or substantial deviation.
Additionally, the bill exempts holders from paying additional rents to the BLM for any use of such authorizations; however, the exemption does not apply to for-profit uses of aquifer recharge or for-profit entities.
Finally, holders of rights-of-way or other authorizations must provide notice to the BLM of the intended use of authorization as specified by the bill.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 331 Referred in Senate (RFS)]
<DOC>
119th CONGRESS
1st Session
H. R. 331
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 14, 2025
Received; read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
AN ACT
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''.
Passed the House of Representatives May 13, 2025.
Attest:
KEVIN F. MCCUMBER,
Clerk.