I 
118TH CONGRESS 
1ST SESSION H. R. 4902 
To amend the Food Security Act of 1985 to establish a groundwater 
conservation easement program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 26, 2023 
Ms. CARAVEO (for herself and Mr. LATURNER) introduced the following bill; 
which was referred to the Committee on Agriculture 
A BILL 
To amend the Food Security Act of 1985 to establish a 
groundwater conservation easement program, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Voluntary Ground-
water Conservation Act of 2023’’. 
SEC. 2. GROUNDWATER CONSERVATION EASEMENT PRO-
GRAM. 
(a) AGRICULTURAL CONSERVATION EASEMENT PRO-
GRAM PURPOSES.—Section 1265(b) of the Food Security 
Act of 1985 (16 U.S.C. 3865(b)) is amended— 
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(1) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (4), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(5) facilitate reductions in groundwater con-
sumption to support local, regional, or State ground-
water management.’’. 
(b) ESTABLISHMENT.—Subtitle H of title XII of the 
Food Security Act of 1985 (16 U.S.C. 3865 et seq.) is 
amended by adding at the end the following: 
‘‘SEC. 1265E. GROUNDWATER CONSERVATION EASEMENT 
PROGRAM. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) an agency of State or local govern-
ment; 
‘‘(B) an Indian Tribe; or 
‘‘(C) an organization described in section 
1265A(3)(B). 
‘‘(2) ELIGIBLE LAND.—The term ‘eligible land’ 
means the surface estate of land on which eligible 
water rights have been historically used, as deter-
mined by governing State law, including— 
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‘‘(A) cropland; 
‘‘(B) grassland; 
‘‘(C) rangeland; 
‘‘(D) pasture land; 
‘‘(E) nonindustrial private forest land; and 
‘‘(F) other agricultural land. 
‘‘(3) ELIGIBLE WATER RIGHTS.—The term ‘eli-
gible water rights’ means rights that are— 
‘‘(A) owned or controlled by 1 or more pri-
vate, governmental, or Tribal landowners to 
groundwater that has been used on eligible 
land; and 
‘‘(B) subject to a pending offer for the 
purchase of a groundwater conservation ease-
ment from an eligible entity, the purchase of 
which would— 
‘‘(i) promote reduced groundwater 
consumption and reduced reliance on 
groundwater; and 
‘‘(ii) advance local, regional, or State 
groundwater management consistent with 
the purposes of the groundwater conserva-
tion easement program. 
‘‘(4) GROUNDWATER
CONSERVATION
EASE-
MENT.— 
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‘‘(A) IN
GENERAL.—The term ‘ground-
water conservation easement’ means an ease-
ment or other interest in eligible water rights 
that— 
‘‘(i) is conveyed for the purpose of 
supporting local, regional, or State ground-
water management that reduces ground-
water consumption while providing commu-
nity and environmental benefits; 
‘‘(ii) includes restrictions on the con-
sumption of groundwater related to the 
historical withdrawals of the groundwater 
of the landowner associated with the en-
tirety of the eligible land associated with 
the eligible water rights; and 
‘‘(iii) expressly permits the landowner 
the right to continue agricultural produc-
tion and other uses compatible with re-
duced 
groundwater 
consumption, 
con-
sistent with the legally permissible use and 
administration of the water rights by the 
applicable State. 
‘‘(B) ELIGIBLE
LAND.—An easement or 
other interest described in subparagraph (A) 
may include eligible land associated with the eli-
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gible water rights described in that subpara-
graph, subject to the choice of the owner of the 
eligible land, consistent with applicable State 
law. 
‘‘(b) ESTABLISHMENT.—The Secretary shall estab-
lish a groundwater conservation easement program for the 
conservation of groundwater resources associated with eli-
gible water rights, which may include eligible land associ-
ated with those eligible water rights, through groundwater 
conservation easements. 
‘‘(c) PURPOSES.—The purposes of the groundwater 
conservation easement program are— 
‘‘(1) to promote the conservation and reduction 
in consumption of groundwater resources, including 
the recharging of declining aquifers, while allowing 
for continued agricultural production and other uses; 
‘‘(2) to support landowners in the adaptation 
to, and reduction in reliance on, declining ground-
water resources; and 
‘‘(3) to protect agricultural use, community vi-
tality, and economic well-being, including through 
the development of renewable energy, in the face of 
long-term declines in groundwater availability. 
‘‘(d) AVAILABILITY OF ASSISTANCE.—The Secretary 
shall facilitate and provide funding for— 
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‘‘(1) the purchase by eligible entities of ground-
water conservation easements; and 
‘‘(2) technical assistance to implement the 
groundwater conservation easement program. 
‘‘(e) COST-SHARE ASSISTANCE.— 
‘‘(1) IN GENERAL.—The Secretary shall encour-
age conservation of groundwater resources through 
cost-share assistance to eligible entities for pur-
chasing groundwater conservation easements. 
‘‘(2) SCOPE OF ASSISTANCE AVAILABLE.— 
‘‘(A) IN
GENERAL.—An agreement de-
scribed in paragraph (4) shall provide for— 
‘‘(i) subject to subparagraph (D), a 
Federal share determined by the Secretary 
of an amount not to exceed 65 percent of 
the fair market value of the groundwater 
conservation 
easement, 
as 
determined 
under subparagraph (B); and 
‘‘(ii) an additional payment in an 
amount not to exceed 5 percent of the 
Federal share determined under clause (i) 
for costs associated with securing a deed to 
the groundwater conservation easement, 
including the costs of valuation, survey, in-
spection, and title. 
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‘‘(B) FAIR
MARKET
VALUE.—The fair 
market value of a groundwater conservation 
easement shall be determined by the Secretary 
using— 
‘‘(i) the Uniform Standards of Profes-
sional Appraisal Practice; 
‘‘(ii) an areawide market analysis or 
survey; 
‘‘(iii) another industry-approved meth-
od; 
‘‘(iv) a methodology used by another 
Federal agency; 
‘‘(v) a model for valuation developed 
by a research institution; or 
‘‘(vi) a method of valuing ecosystem 
services associated with protected water 
rights. 
‘‘(C) REIMBURSABLE COSTS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the Secretary shall pro-
vide a payment under subparagraph (A)(ii) 
to an eligible entity as a reimbursement 
after the costs described in that subpara-
graph are incurred by the eligible entity. 
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‘‘(ii) 
LIMITED
RESOURCE
LAND-
OWNERS.—In the case of eligible water 
rights or eligible land owned by a limited- 
resource landowner, as determined by the 
Secretary, the Secretary shall provide a 
payment under subparagraph (A)(ii) in ad-
vance as part of an agreement described in 
paragraph (4). 
‘‘(D) LOWER FEDERAL SHARE OPTION.— 
‘‘(i) IN GENERAL.—An eligible entity 
may elect to enter into an agreement de-
scribed in paragraph (4) under which the 
Federal share does not exceed 25 percent 
of the fair market value of the ground-
water conservation easement, as deter-
mined under subparagraph (B). 
‘‘(ii) NO RIGHT OF ENFORCEMENT.— 
Notwithstanding paragraph (4)(C)(iii), an 
agreement with respect to which an eligible 
entity makes the election under clause (i) 
shall not include a right of enforcement for 
the Secretary. 
‘‘(E) PERMISSIBLE FORMS.—The non-Fed-
eral share provided by an eligible entity under 
this paragraph may comprise— 
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‘‘(i) cash resources; 
‘‘(ii) a charitable donation or qualified 
conservation contribution (as defined in 
section 170(h) of the Internal Revenue 
Code of 1986) from the landowner from 
which the groundwater conservation ease-
ment will be purchased; 
‘‘(iii) costs associated with securing a 
deed to the groundwater conservation ease-
ment, including the cost of appraisal, sur-
vey, inspection, and title; and 
‘‘(iv) other costs, as determined by the 
Secretary. 
‘‘(3) EVALUATION AND RANKING OF APPLICA-
TIONS.— 
‘‘(A) CRITERIA.—The Secretary shall es-
tablish evaluation and ranking criteria to maxi-
mize the benefit of Federal investment under 
the groundwater conservation easement pro-
gram. 
‘‘(B) CONSIDERATIONS.—In establishing 
the criteria under subparagraph (A), the Sec-
retary shall emphasize support for— 
‘‘(i) maintaining or enhancing ground-
water-dependent ecosystems; and 
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‘‘(ii) advancing long-term groundwater 
sustainability consistent with existing State 
or local groundwater management initia-
tives. 
‘‘(C) BIDDING
DOWN.—If the Secretary 
determines that 2 or more applications for cost- 
share assistance under this subsection are com-
parable in achieving the purpose of the ground-
water conservation easement program, the Sec-
retary shall not assign a higher priority to any 
of those applications solely on the basis of less-
er cost to the groundwater conservation ease-
ment program. 
‘‘(4) AGREEMENTS WITH ELIGIBLE ENTITIES.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
enter into agreements with eligible entities to 
stipulate the terms and conditions under which 
the eligible entity is permitted to use cost-share 
assistance provided under this subsection. 
‘‘(B) 
LENGTH
OF
AGREEMENTS.—An 
agreement under this paragraph shall be for a 
term that is— 
‘‘(i) in the case of an eligible entity 
certified under the process described in 
paragraph (5), a minimum of 5 years; and 
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‘‘(ii) for all other eligible entities, not 
less than 3, but not more than 5, years. 
‘‘(C) MINIMUM TERMS AND CONDITIONS.— 
An eligible entity shall be authorized to use 
such terms and conditions for groundwater con-
servation easements as the eligible entity may 
establish, subject to the condition that the Sec-
retary shall determine that those terms and 
conditions— 
‘‘(i) are consistent with the purposes 
of the groundwater conservation easement 
program; 
‘‘(ii) permit effective enforcement of 
the conservation purposes of the ground-
water conservation easements, including— 
‘‘(I) a mechanism for the meas-
urement of groundwater pumping re-
ductions; and 
‘‘(II) the ability to enforce those 
reductions under relevant State law; 
‘‘(iii) except as provided in paragraph 
(2)(D)(ii), include a right of enforcement 
for the Secretary, which may be used only 
if the terms of the groundwater conserva-
tion easement are not enforced by the 
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