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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10114 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                               H. R. 10114

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 12, 2024

  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, or other 
                                authorization 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 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.--
                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.''.
    (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''.
                                 <all>
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