33 U.S.C. § 2357 (NAVIGATION AND NAVIGABLE WATERS)
§ 2357. Managed aquifer recharge study and working group
(a) Assessment
(1) In general
The Secretary shall, in consultation with applicable non-Federal interests, conduct a national assessment of carrying out managed aquifer recharge projects to address drought, water resiliency, and aquifer depletion at authorized water resources development projects.
(2) Requirements
In carrying out paragraph (1), the Secretary shall—
(A) assess and identify opportunities to support non-Federal interests, including Tribal communities, in carrying out managed aquifer recharge projects; and
(B) assess preliminarily local hydrogeologic conditions relevant to carrying out managed aquifer recharge projects.
(3) Coordination
In carrying out paragraph (1), the Secretary shall coordinate, as appropriate, with the heads of other Federal agencies, States, regional governmental agencies, units of local government, experts in managed aquifer recharge, and Tribes.
(b) Feasibility studies
(1) Authorization
The Secretary is authorized to carry out feasibility studies, at the request of a non-Federal interest, of managed aquifer recharge projects in areas that are experiencing, or have recently experienced, prolonged drought conditions, aquifer depletion, or water supply scarcity.
(2) Limitation
The Secretary may carry out not more than 10 feasibility studies under this subsection.
(3) Use of information
The Secretary shall, to the maximum extent practicable, use information gathered from the assessment conducted under subsection (a) in identifying and selecting feasibility studies to carry out under this subsection.
(4) Cost share
The Federal share of the cost of a feasibility study carried out under this subsection shall be 90 percent.
(c) Working group
(1) In general
Not later than 180 days after December 23, 2022, the Secretary shall establish a managed aquifer recharge working group made up of subject matter experts within the Corps of Engineers and relevant non-Federal stakeholders.
(2) Composition
In establishing the working group under paragraph (1), the Secretary shall ensure that members of the working group have expertise working with—
(A) projects providing water supply storage to meet regional water supply demand, particularly in regions experiencing drought;
(B) the protection of groundwater supply, including promoting infiltration and increased recharge in groundwater basins, and groundwater quality;
(C) aquifer storage, recharge, and recovery wells;
(D) dams that provide recharge enhancement benefits;
(E) groundwater hydrology;
(F) conjunctive use water systems; and
(G) agricultural water resources, including the use of aquifers for irrigation purposes.
(3) Duties
The working group established under this subsection shall—
(A) advise the Secretary regarding the development and execution of the assessment under subsection (a) and any feasibility studies under subsection (b);
(B) assist Corps of Engineers offices at the headquarter, division, and district levels with raising awareness of non-Federal interests of the potential benefits of carrying out managed aquifer recharge projects; and
(C) assist with the development of the report required to be submitted under subsection (d).
(d) Report to Congress
Not later than 2 years after December 23, 2022, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on managed aquifer recharge that includes—
(1) the results of the assessment conducted under subsection (a) and any feasibility studies carried out under subsection (b), including data collected under such assessment and studies and any recommendations on managed aquifer recharge opportunities for non-Federal interests, States, local governments, and Tribes;
(2) a status update on the implementation of the recommendations included in the report of the U.S. Army Corps of Engineers Institute for Water Resources entitled “Managed Aquifer Recharge and the U.S. Army Corps of Engineers: Water Security through Resilience”, published in April 2020 (2020–WP–01); and
(3) an evaluation of the benefits of creating a new or modifying an existing planning center of expertise for managed aquifer recharge, and identify potential locations for such a center of expertise, if feasible.
(e) Savings provision
Nothing in this section affects the non-Federal share of the cost of construction of a managed aquifer recharge project under section 2213 of this title or any other provision of law.
(f) Definitions
In this section:
(1) Managed aquifer recharge
The term “managed aquifer recharge” means the intentional banking and treatment of water in aquifers for storage and future use.
(2) Managed aquifer recharge project
The term “managed aquifer recharge project” means a project to incorporate managed aquifer recharge features into a water resources development project.
(Pub. L. 117–263, div. H, title LXXXI, § 8108, Dec. 23, 2022, 136 Stat. 3700.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 8002 of Pub. L. 117–263, set out as a note under section 2201 of this title.