To amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes.
Officially: “To amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes.” Read the full text
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1Conveyance for aquifer recharge purposes
This section would amend subsections (c)(3) and (c)(4) of the Aquifer Recharge Flexibility Act (43 U.S.C. 390g-9) and would make a related technical wording fix elsewhere in that Act. First, it would restructure subsection (c)(3) into three parts. The first part would let the holder of an existing right-of-way, easement, permit, or other authorization use that existing right-of-way, easement, permit, or other authorization, acting for itself or on behalf of a State, a political subdivision of a State, an Indian Tribe, or a public entity, to carry out aquifer recharge and to transport and use water rights for aquifer recharge, without getting additional authorization from the Secretary; this use would not count as an expansion, modification, major Federal action, or substantial deviation, and it would remain subject to the two new parts described next. The second, new part would require the holder to notify the Bureau of Land Management at least 30 days before starting this aquifer recharge use. That notice would have to identify the State, political subdivision of a State, Indian Tribe, or public entity that intends to use the existing right-of-way, easement, permit, or other authorization; identify the specific existing right-of-way, easement, permit, other authorization, or recognized authorized use for ditches and canals built on public land on or before October 21, 1976 under sections 2339 and 2340 of the Revised Statutes (43 U.S.C. 661) that would be used; describe the intended use and scope of the aquifer recharge use; and include a copy of the agreement between the holder and the State, political subdivision of a State, Indian Tribe, or public entity for that use. The third, new part would exempt this aquifer recharge use from paying additional rent to the Bureau of Land Management, except that for-profit uses of aquifer recharge and for-profit entities would still have to pay additional rent. Second, this section would restructure subsection (c)(4), on the provision's effect, into three parts. It would keep the existing first part but change its ending punctuation from a period to a semicolon so two new parts could follow, and it would change a reference within that existing part from "this Act" to "this section." The two new parts would state that the section waives the holder's obligation to comply with the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) for a right-of-way, easement, permit, or other authorization used for aquifer recharge, and that the section provides authority to construct, modify, or expand any existing infrastructure covered by that aquifer recharge use. Finally, this section would make a technical fix elsewhere in the Aquifer Recharge Flexibility Act: wherever the word "Act" appears in subsection (a) and in paragraph (c)(5), it would be replaced with "section," narrowing those references from the entire Act to this specific section.
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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 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 .
Where it is
In the House.