[House Report 119-60]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-60
======================================================================
TO AMEND THE AQUIFER RECHARGE FLEXIBILITY ACT TO CLARIFY A PROVISION
RELATING TO CONVEYANCES FOR AQUIFER RECHARGE PURPOSES
_______
April 17, 2025.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Westerman, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 331]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 331) to amend the Aquifer Recharge Flexibility
Act to clarify a provision relating to conveyances for aquifer
recharge purposes, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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''.
Purpose of the Legislation
The purpose of H.R. 331 is to amend the Aquifer Recharge
Flexibility Act to clarify a provision relating to conveyances
for aquifer recharge purposes.
Background and Need for Legislation
H.R. 331, as amended, would amend the Aquifer Recharge
Flexibility Act (P.L. 116-260) to allow holders of an existing
right-of-way (ROW) to utilize that grant for the purposes of
aquifer recharge without further authorization from the
Secretary of the Interior. The Aquifer Recharge Flexibility Act
was enacted in 2020 to facilitate aquifer recharge programs
using existing federally owned irrigation canals and ditches on
lands owned by the U.S. Bureau of Land Management.
H.R. 331, as amended, also clarifies that this use shall
not be considered an expansion or modification and ensures that
the intent of the current law can be fully implemented. The
holder of the right-of-way, easement, permit, or other
authorization is required to provide 30 days' notice to the
Bureau of Land Management identifying what entity is intending
to transfer water for aquifer recharge, identifying the
existing right-of-way, easement, permit, or other
authorization, providing details on the intended use and scope
for the purpose of aquifer recharge, and providing a copy of
the agreement between the entities.
Committee Action
H.R. 331 was introduced on January 13, 2025, by Rep. Russ
Fulcher (R-ID). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Water, Wildlife and Fisheries. On January 23, 2025, the
Subcommittee on Water, Wildlife and Fisheries held a hearing on
the bill. On February 12, 2025, the Committee on Natural
Resources met to consider the bill. The Subcommittee on Water,
Wildlife and Fisheries was discharged from further
consideration of H.R. 331 by unanimous consent. Chairman Bruce
Westerman (R-AR) offered an amendment designated Westerman #1.
The amendment was agreed to by unanimous consent. The bill, as
amended, was ordered favorably reported to the House of
Representatives by unanimous consent.
Hearings
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing by the Subcommittee on Water, Wildlife and Fisheries
held on January 23, 2025.
Section-by-Section Analysis
Section 1. Conveyance for aquifer recharge purposes
Section 1, as amended, amends the Aquifer Recharge
Flexibility Act to allow for the holder of an existing water
right, acting for themselves or on behalf of another entity the
ability to use the existing right-of-way, easement, permit, or
other authorization for the purpose of aquifer recharge without
requiring additional authorization from the Secretary of the
Interior.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 331 would amend the Aquifer Recharge Flexibility Act
to allow holders of existing rights-of-way, easements, permits,
or other authorizations granted by the Bureau of Land
Management (BLM) to use existing rights-of-way for aquifer
recharge on behalf of third parties without further
authorization. The bill would define those third parties as a
state, political subdivision, Indian tribe, or other public
entity. The bill also would clarify that using an existing
right-of-way for aquifer recharge would not constitute an
expansion or modification.
By removing the need for public entities to obtain new
rights-of-way in such cases, H.R. 331 could reduce offsetting
receipts from the fees charged to issue those permissions; such
receipts are recorded as reductions in direct spending. Using
information from BLM, CBO expects that those reductions would
result in an insignificant increase in direct spending over the
2025-2035 period, because most public entities are exempt from
paying such fees.
CBO expects that the cost of implementing the bill's
requirements would be less than $500,000 over the 2025-2030
period. Any related spending would be subject to the
availability of appropriated funds.
The CBO staff contact for this estimate is Alaina Rhee. The
estimate was reviewed by H. Samuel Papenfuss, Deputy Director
of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to amend the Aquifer Recharge
Flexibility Act to clarify a provision relating to conveyances
for aquifer recharge purposes.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Unfunded Mandates Reform Act Statement
According to the Congressional Budget Office, H.R. 331
contains no unfunded mandates as defined by the Unfunded
Mandates Reform Act.
Existing Programs
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Preemption of State, Local or Tribal Law
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
AQUIFER RECHARGE FLEXIBILITY ACT
SEC. 1105. AQUIFER RECHARGE FLEXIBILITY.
(a) Short Title.--This section may be cited as the ``Aquifer
Recharge Flexibility [Act] section''.
(b) Definitions.--In this Act:
(1) Bureau.--The term ``Bureau'' means the Bureau of
Reclamation.
(2) Commissioner.--The term ``Commissioner'' means
the Commissioner of Reclamation.
(3) Eligible land.--The term ``eligible land'', with
respect to a Reclamation project, means land that--
(A) is authorized to receive water under
State law; and
(B) shares an aquifer with land located in
the service area of the Reclamation project.
(4) Net water storage benefit.--The term ``net water
storage benefit'' means an increase in the volume of
water that is--
(A) stored in 1 or more aquifers; and
(B)(i) available for use within the
authorized service area of a Reclamation
project; or
(ii) stored on a long-term basis to
avoid or reduce groundwater overdraft.
(5) Reclamation facility.--The term ``Reclamation
facility'' means each of the infrastructure assets that
are owned by the Bureau at a Reclamation project.
(6) Reclamation project.--The term ``Reclamation
project'' means any reclamation or irrigation project,
including incidental features thereof, authorized by
Federal reclamation law or the Act of August 11, 1939
(commonly known as the ``Water Conservation and
Utilization Act'') (53 Stat. 1418, chapter 717; 16
U.S.C. 590y et seq.), or constructed by the United
States pursuant to such law, or in connection with
which there is a repayment or water service contract
executed by the United States pursuant to such law, or
any project constructed by the Secretary through the
Bureau for the reclamation of land.
(c) Flexibility to Allow Greater Aquifer Recharge in Western
States.--
(1) Use of reclamation facilities.--
(A) In general.--The Commissioner may allow
the use of excess capacity in Reclamation
facilities for aquifer recharge of non-
Reclamation project water, subject to
applicable rates, charges, and public
participation requirements, on the condition
that--
(i) the use--
(I) shall not be implemented
in a manner that is detrimental
to--
(aa) any power
service or water
contract for the
Reclamation project; or
(bb) any obligations
for fish, wildlife, or
water quality
protection applicable
to the Reclamation
project;
(II) shall be consistent with
water quality guidelines for
the Reclamation project;
(III) shall comply with all
applicable--
(aa) Federal laws;
and
(bb) policies of the
Bureau; and
(IV) shall comply with all
applicable State laws and
policies; and
(ii) the non-Federal party to an
existing contract for water or water
capacity in a Reclamation facility
consents to the use of the Reclamation
facility under this subsection.
(B) Effect on existing contracts.--Nothing in
this subsection affects a contract--
(i) in effect on the date of
enactment of this Act; and
(ii) under which the use of excess
capacity in a Bureau conveyance
facility for carriage of non-
Reclamation project water for aquifer
recharge is allowed.
(2) Aquifer recharge on eligible land.--
(A) In general.--Subject to subparagraphs (C)
and (D), the Secretary may contract with a
holder of a water service or repayment contract
for a Reclamation project to allow the
contractor, in accordance with applicable State
laws and policies--
(i) to directly use water available
under the contract for aquifer recharge
on eligible land; or
(ii) to enter into an agreement with
an individual or entity to transfer
water available under the contract for
aquifer recharge on eligible land.
(B) Authorized project use.--The use of a
Reclamation facility for aquifer recharge under
subparagraph (A) shall be considered an
authorized use for the Reclamation project if
requested by a holder of a water service or
repayment contract for the Reclamation
facility.
(C) Modifications to contracts.--The
Secretary may contract with a holder of a water
service or repayment contract for a Reclamation
project under subparagraph (A) if the Secretary
determines that a new contract or contract
amendment described in that subparagraph is--
(i) necessary to allow for the use of
water available under the contract for
aquifer recharge under this subsection;
(ii) in the best interest of the
Reclamation project and the United
States; and
(iii) approved by the contractor that
is responsible for repaying the cost of
construction, operations, and
maintenance of the facility that
delivers the water under the contract.
(D) Requirements.--The use of Reclamation
facilities for the use or transfer of water for
aquifer recharge under this subsection shall be
subject to the requirements that--
(i) the use or transfer shall not be
implemented in a manner that materially
impacts any power service or water
contract for the Reclamation project;
and
(ii) before the use or transfer, the
Secretary shall determine that the use
or transfer--
(I) results in a net water
storage benefit for the
Reclamation project; or
(II) contributes to the
recharge of an aquifer on
eligible land; and
(iii) the use or transfer complies
with all applicable--
(I) Federal laws and
policies; and
(II) interstate water
compacts.
(3) Conveyance for aquifer recharge purposes.--[The
holder]
(A) In general._The holder of a right-of-
way, easement, permit, or other authorization
to transport water across public land
administered by the Bureau of Land Management
[may transport water for aquifer recharge
purposes without requiring additional
authorization from the Secretary where the use
does not expand or modify the operation] 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 of the
right-of-way, easement, permit, or other
authorization across public land.
(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.
(4) Effect.--Nothing in this [Act creates] section--
(A) creates, impairs, alters, or supersedes a
Federal or State water right[.];
(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).
(5) Exemption.--This [Act] section shall not apply to
the State of California.
(6) Advisory group.--The Secretary may participate in
any State-led collaborative, multi-stakeholder advisory
group created in any watershed the purpose of which is
to monitor, review, and assess aquifer recharge
activities.
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