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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4999 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 638
118th CONGRESS
  2d Session
                                S. 4999

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 10, 2024

   Mr. Risch introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

                           November 21, 2024

               Reported by Mr. Manchin, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. CONVEYANCE FOR AQUIFER RECHARGE PURPOSES.</DELETED>

<DELETED>    Subsection (c)(3) of the Aquifer Recharge Flexibility Act 
(43 U.S.C. 390g-9) is amended 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 third party, use the right-of-way, easement, permit, or other 
authorization for the purpose of aquifer recharge without requiring 
additional authorization from the Secretary, which use shall not be 
considered an expansion or modification''.</DELETED>

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, 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.
                    ``(C) Exemption from payment of additional rent.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), 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.
                            ``(ii) For-profit uses and entities.--
                        Clause (i) shall not apply to--
                                    ``(I) any for-profit uses of 
                                aquifer recharge; or
                                    ``(II) any for-profit entities.''.
    (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''.
                                                       Calendar No. 638

118th CONGRESS

  2d Session

                                S. 4999

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           November 21, 2024

                       Reported with an amendment
```