I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. CONVEYANCE FOR AQUIFER RECHARGE PUR4 POSES. 

5 (a) IN GENERAL.—Subsection (c)(3) of the Aquifer 

6 Recharge Flexibility Act (43 U.S.C. 390g–9) is amend7 ed— 

8 (1) by striking ‘‘The holder’’ and inserting the 

9 following: 

10 ‘‘(A) IN GENERAL.—The holder’’; 


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1 (2) in subparagraph (A) (as so designated), by 

2 striking ‘‘may transport water for aquifer recharge 

3 purposes without requiring additional authorization 

4 from the Secretary where the use does not expand 

5 or modify the operation’’ and inserting ‘‘may, acting 

6 for the holder or on behalf of a State, political sub7 division of a State, Indian Tribe, or public entity 

8 and subject to subparagraphs (B) and (C), use the 

9 existing right-of-way, easement, permit, or other au10 thorization for the purpose of aquifer recharge and 

11 the transport and use of water rights for aquifer re12 charge without requiring additional authorization 

13 from the Secretary, which use shall not be consid14 ered an expansion, modification, major Federal ac15 tion, or substantial deviation’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(B) NOTICE REQUIRED.— 

18 ‘‘(i) IN GENERAL.—Not less than 30 

19 days before using an existing right-of-way, 

20 easement, permit, or other authorization 

21 for the purpose of aquifer recharge under 

22 subparagraph (A), the holder of the right23 of-way, easement, permit, or other author24 ization shall submit to the Bureau of Land 


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1 Management notice of the intended use, in 

2 accordance with clause (ii). 

3 ‘‘(ii) REQUIREMENTS.—A notice sub4 mitted under clause (i) shall— 

5 ‘‘(I) identify the State, political 

6 subdivision of the State, Indian Tribe, 

7 or public entity intending to use the 

8 existing right-of-way, easement, per9 mit, or other authorization for the 

10 purpose of aquifer recharge; 

11 ‘‘(II) identify the existing right12 of-way, easement, permit, or other au13 thorization intended to be used; 

14 ‘‘(III) provide details on the in15 tended use and scope of use for the 

16 purpose of aquifer recharge of the ex17 isting right-of-way, easement, permit, 

18 or other authorization; and 

19 ‘‘(IV) provide the agreement be20 tween the State, political subdivision 

21 of the State, Indian Tribe, or public 

22 entity and the holder of the right-of23 way, easement, permit, or other au24 thorization to use the existing right25 of-way, easement, permit, or other auVerDate Sep 11 2014 03:37 Nov 13, 2024 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H10114.IH H10114

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1 thorization for the purpose of aquifer 

2 recharge. 

3 ‘‘(C) EXEMPTION FROM PAYMENT OF AD4 DITIONAL RENT.—Any use of an existing right5 of-way, easement, permit, or other authoriza6 tion for the purpose of aquifer recharge under 

7 subparagraph (A) shall be exempt from the 

8 payment of additional rent to the Bureau of 

9 Land Management.’’. 

10 (b) EFFECT.—Subsection (c)(4) of the Aquifer Re11 charge Flexibility Act (43 U.S.C. 390g–9) is amended— 

12 (1) by striking ‘‘Act creates’’ and inserting 

13 ‘‘section— 

14 ‘‘(A) creates’’; 

15 (2) in subparagraph (A) (as so designated), by 

16 striking the period at the end and inserting a semi17 colon; and 

18 (3) by adding at the end of the following: 

19 ‘‘(B) waives the obligation of the holder of 

20 a right-of-way, easement, permit, or other au21 thorization described in paragraph (3)(A) to 

22 comply with— 

23 ‘‘(i) the Federal Water Pollution Con24 trol Act (33 U.S.C. 1251 et seq.); 


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1 ‘‘(ii) the Endangered Species Act of 

2 1973 (16 U.S.C. 1531 et seq.); or 

3 ‘‘(iii) the Wild and Scenic Rivers Act 

4 (16 U.S.C. 1271 et seq.); or 

5 ‘‘(C) provides authority to construct, mod6 ify, or expand any existing infrastructure cov7 ered under subsection (c)(3).’’. 

8 (c) TECHNICAL AMENDMENTS.—The Aquifer Re9 charge Flexibility Act (43 U.S.C. 390g–9) is amended in 

10 each of subsections (a) and (c)(5) by striking ‘‘Act’’ each 

11 place it appears and inserting ‘‘section’’. 

Æ 


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