H.R. 10114

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10114 Introduced in House (IH)]

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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.

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

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, or other 
authorization 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 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.--
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.''.
(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''.
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