I 
119TH CONGRESS 
1ST SESSION 
H. R. 331 
To amend the Aquifer Recharge Flexibility Act to clarify a provision relating 
to conveyances for aquifer recharge purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 13, 2025 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. CONVEYANCE FOR AQUIFER RECHARGE PUR-
POSES. 
(a) IN GENERAL.—Subsection (c)(3) of the Aquifer 
Recharge Flexibility Act (43 U.S.C. 390g–9) is amend-
ed— 
(1) by striking ‘‘The holder’’ and inserting the 
following: 
‘‘(A) IN GENERAL.—The holder’’; 
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(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 sub-
division 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 au-
thorization for the purpose of aquifer recharge and 
the transport and use of water rights for aquifer re-
charge without requiring additional authorization 
from the Secretary, which use shall not be consid-
ered an expansion, modification, major Federal ac-
tion, 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 author-
ization shall submit to the Bureau of Land 
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Management notice of the intended use, in 
accordance with clause (ii). 
‘‘(ii) REQUIREMENTS.—A notice sub-
mitted 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, per-
mit, or other authorization for the 
purpose of aquifer recharge; 
‘‘(II) identify the existing right- 
of-way, easement, permit, other au-
thorization, or recognized authorized 
use for ditches and canals constructed 
on public land before or on October 
21, 1976, under the authority of sec-
tions 2339 and 2340 of the Revised 
Statutes (43 U.S.C. 661) intended to 
be used; 
‘‘(III) provide details on the in-
tended use and scope of use for the 
purpose of aquifer recharge of the ex-
isting right-of-way, easement, permit, 
or other authorization; and 
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‘‘(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 AD-
DITIONAL RENT.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), any use of an existing 
right-of-way, easement, permit, or other 
authorization for the purpose of aquifer re-
charge under subparagraph (A) shall be 
exempt from the payment of additional 
rent to the Bureau of Land Management. 
‘‘(ii) FOR-PROFIT
USES
AND
ENTI-
TIES.—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 Re-
charge Flexibility Act (43 U.S.C. 390g–9) is amended— 
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(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 semi-
colon; 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 au-
thorization described in paragraph (3)(A) to 
comply with— 
‘‘(i) the Federal Water Pollution Con-
trol 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, mod-
ify, or expand any existing infrastructure cov-
ered under subsection (c)(3).’’. 
(c) TECHNICAL AMENDMENTS.—The Aquifer Re-
charge 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’’. 
Æ 
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