H.R. 331

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 331 Referred in Senate (RFS)]

<DOC>
119th CONGRESS
1st Session
H. R. 331

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

May 14, 2025

Received; read twice and referred to the Committee on Energy and 
Natural Resources

_______________________________________________________________________

AN ACT

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, 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.''.
(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 all 
applicable--
``(i) Federal laws; and
``(ii) policies of the Bureau; 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''.

Passed the House of Representatives May 13, 2025.

Attest:

KEVIN F. MCCUMBER,

Clerk.