119-s1254

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1254 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1254

 To amend the Aquifer Recharge Flexibility Act to clarify a provision 
 relating to conveyances for aquifer recharge purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 April 2, 2025

 Mr. Risch (for himself and Mr. Crapo) introduced the following bill; 
 which was read twice and referred to the Committee on Energy and 
 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, 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.
 ``
            (C) Exemption from payment of additional rent.--
 ``
            (i) In general.--Except as provided in 
 clause
            (ii) , 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.
 ``
            (ii) For-profit uses and entities.--
 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 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 
 paragraph

    (3) .''.
            (c) Technical Amendments.--The Aquifer Recharge Flexibility Act (43 
U.S.C. 390g-9) is amended--

    (1) in subsection

    (b) , in the matter preceding paragraph

    (1) , by striking ``Act'' and inserting ``section''; and

    (2) in subsection
            (c) (5) , by striking ``Act'' and inserting 
 ``section''.
 <all>