[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2077 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2077

To amend the Federal Agriculture Improvement and Reform Act of 1996 to 
   ensure that producers who rely on acequia systems have access to 
              drought protections, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 21, 2023

 Mr. Lujan (for himself and Mr. Cornyn) introduced the following bill; 
  which was read twice and referred to the Committee on Agriculture, 
                        Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Agriculture Improvement and Reform Act of 1996 to 
   ensure that producers who rely on acequia systems have access to 
              drought protections, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Acequia Communities Empowered by 
Qualifying Upgrades for Infrastructure Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Water delivery systems known as acequias, or community 
        ditches, are a centuries-old system used for water 
        distribution.
            (2) A combination of Spanish and Indigenous irrigation 
        methods, acequias were expanded in New Mexico during the 16th 
        century to allow for farming to sustain the needs of the 
        community.
            (3) Acequias are a vital component of the economy of the 
        State of New Mexico (referred to in this section as the 
        ``State'').
            (4) Acequias are a centuries-old form of water governance 
        and are recognized as political subdivisions of the State.
            (5) Acequias consist of water rights holders, often called 
        parciantes, who are responsible for the upkeep and maintenance 
        of the acequias and who internally elect a board to monitor and 
        administer surface water rights.
            (6) In the State, acequias have created a cultural 
        landscape and way of life centered around local agriculture, 
        water governance, and a custom of sharing scarce water.
            (7) Acequias--
                    (A) play an integral role in maintaining forest and 
                watershed health;
                    (B) serve as examples of responsible land and water 
                stewardship by providing benefits such as groundwater 
                recharge, flood attenuation, and groundwater 
                contaminants filtration; and
                    (C) support native vegetation and provide habitat 
                for wildlife species.
            (8) Despite their contribution to local food production and 
        watershed stewardship, acequias are managing already limited 
        water resources under conditions of aridification, changing 
        irrigation and growing seasons, and encroachment of invasive 
        species.
            (9) To address crop loss, planting challenges, and yield 
        reductions, parciantes rely on direct financial assistance from 
        Department of Agriculture programs, including the noninsured 
        crop disaster assistance program established by section 196 of 
        the Federal Agriculture Improvement and Reform Act of 1996 (7 
        U.S.C. 7333).

SEC. 3. ENSURING FARMERS AND RANCHERS HAVE ACCESS TO DROUGHT AND 
              DISASTER PROTECTIONS.

    Section 196(c)(2) of the Federal Agriculture Improvement and Reform 
Act of 1996 (7 U.S.C. 7333(c)(2)) is amended by adding at the end the 
following:
                    ``(C) Acequia systems.--On making a determination 
                described in subsection (a)(3) for producers who rely 
                on acequia systems, the Secretary shall provide 
                assistance under this section to those producers from 
                all losses suffered as a result of the cause described 
                in subsection (a)(3).''.

SEC. 4. SPECIAL USE PERMITS NOT REQUIRED FOR ROUTINE MAINTENANCE AND 
              MINOR IMPROVEMENTS OF ACEQUIAS.

    (a) Definitions.--In this section:
            (1) Acequia.--The term ``acequia'' has the meaning of the 
        term ``community ditch'' as that term is construed under New 
        Mexico Stat. 73-2-27.
            (2) Community user.--The term ``community user'' means an 
        employee, contractor, delegate, representative, volunteer, or 
        other authorized personnel of the governing body of an acequia.
            (3) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, with respect to 
                land under the jurisdiction of the Secretary of 
                Agriculture; and
                    (B) the Secretary of the Interior, with respect to 
                land under the jurisdiction of the Secretary of the 
                Interior.
    (b) Prohibition.--A special use permit shall not be required for--
            (1) the presence or use of an acequia on Federal land or 
        the use of the water therein; or
            (2) routine maintenance and minor improvements described in 
        subsection (c) conducted by a community user or governing body 
        of an acequia on an acequia on Federal land.
    (c) Routine Maintenance and Minor Improvements Described.--Routine 
maintenance and minor improvements referred to in subsection (b)(2) 
are--
            (1) cleaning, maintenance, repair, or replacement-in-kind 
        of infrastructure;
            (2) annual ditch cleaning, including removal of silt; and
            (3) any other traditional activity that preserves the state 
        of the acequia, as agreed to in writing by the Secretary 
        concerned and the governing body of the acequia.

SEC. 5. DEPARTMENT OF AGRICULTURE REPORTING.

    Not later than 2 years after the date of enactment of this Act, the 
Secretary of Agriculture shall submit to the Committee on Agriculture, 
Nutrition, and Forestry of the Senate and the Committee on Agriculture 
of the House of Representatives a report that includes the following 
information:
            (1) The number of agricultural producers in the most recent 
        calendar year who rely on acequia systems or other traditional 
        infrastructure that is vulnerable to drought conditions.
            (2) The amount of assistance provided under the noninsured 
        crop disaster assistance program established by section 196 of 
        the Federal Agriculture Improvement and Reform Act of 1996 (7 
        U.S.C. 7333) to producers described in subsection (c)(2)(C) of 
        that section, in each county, during the most recent calendar 
        year.
            (3) An analysis of the ability of agricultural producers 
        who rely on acequia systems or other traditional infrastructure 
        that is vulnerable to drought conditions to access all programs 
        administered by the Farm Service Agency and the Natural 
        Resources Conservation Service.
            (4) A summary of any Department of Agriculture programs or 
        initiatives in the most recent calendar year that provide 
        technical or financial assistance targeted to agricultural 
        producers who rely on acequia systems or other traditional 
        infrastructure that is vulnerable to drought conditions.
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