What This Bill Does · Plain English
Summary · Congress.gov
This bill modifies the Aquifer Recharge Flexibility Act to expand provisions concerning authorizations (e.g., rights-of-way) to transport water across public land administered by the Bureau of Land Management (BLM) for aquifer recharge purposes. Under the Aquifer Recharge Flexibility Act, the holder of existing rights-of-way, easements, permits, or other authorizations to transport water across BLM land may transport the water for aquifer recharge purposes without additional authorization from the Department of the Interior so long as the use does not expand or modify the operation of such authorizations across public land. The bill allows the holders of such authorizations to act not only on behalf of themselves, but also on behalf of states, Indian Tribes, or public entities, to use the existing authorizations for aquifer recharge without additional authorization from the Department of the Interior. Further, the bill states that this use may not be considered an expansion, modification, major federal action, or substantial deviation. Additionally, the bill exempts holders from paying additional rents to the BLM for any use of such authorizations; however, the exemption does not apply to for-profit uses of aquifer recharge or for-profit entities. Finally, holders of rights-of-way or other authorizations must provide notice to the BLM of the intended use of authorization as specified by the bill.
Action Timeline
2025-05-14
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
2025-05-13
Motion to reconsider laid on the table Agreed to without objection.
2025-05-13
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H1969)
2025-05-13
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H1969)
2025-05-13
DEBATE - The House proceeded with forty minutes of debate on H.R. 331.
2025-05-13
Considered under suspension of the rules. (consideration: CR H1969-1970)
2025-05-13
Mr. Westerman moved to suspend the rules and pass the bill, as amended.
2025-04-17
Placed on the Union Calendar, Calendar No. 37.
2025-04-17
Reported (Amended) by the Committee on Natural Resources. H. Rept. 119-60.
2025-04-17
Reported (Amended) by the Committee on Natural Resources. H. Rept. 119-60.
Frequently Asked Questions
Did HR.331 pass?
HR.331 is still alive. Current stage: COMMITTEE. Pass likelihood: 61%.
What does HR.331 do?
This bill modifies the Aquifer Recharge Flexibility Act to expand provisions concerning authorizations (e.g., rights-of-way) to transport water across public land administered by the Bureau of Land Management (BLM) for aquifer recharge purposes. Under the Aquifer Recharge Flexibility Act, the holder of existing rights-of-way, easements, permits, or other authorizations to transport water across BLM land may transport the water for aquifer recharge purposes without additional authorization from the Department of the Interior so long as the use does not expand or modify the operation of such aut…
Who sponsored HR.331?
HR.331 was sponsored by Russ Fulcher (R-Idaho).
Full Bill Text
119 HR 331 EH: To amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes. U.S. House of Representatives text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. IB 119th CONGRESS 1st Session H. R. 331 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes. 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. Kevin F. McCumber, Clerk.
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