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Title II — Groundwater Management

H.R. 4891 · 116th Congress · Oct 28, 2019 · Lineage

II Groundwater Management

Sec. 201 Reauthorization and expansion of the Transboundary Aquifer Assessment Program

(a)
Designation of priority transboundary aquifers— Section 4(c)(2) of the United States-Mexico Transboundary Aquifer Assessment Act (42 U.S.C. 1962 note; Public Law 109–448) is amended by striking “New Mexico or Texas” and inserting “New Mexico, Texas, or Arizona (other than an aquifer underlying Arizona and Sonora, Mexico, that is partially within the Yuma groundwater basin designated by the order of the Director of the Arizona Department of Water Resources dated June 21, 1984)”.
(b)
Reauthorization—
(1)
Authorization of appropriations— Section 8(a) of the United States-Mexico Transboundary Aquifer Assessment Act (42 U.S.C. 1962 note; Public Law 109–448) is amended by striking “fiscal years 2007 through 2016” and inserting “fiscal years 2021 through 2029”.
(2)
Sunset of authority— Section 9 of the United States-Mexico Transboundary Aquifer Assessment Act (42 U.S.C. 1962 note; Public Law 109–448) is amended by striking “enactment of this Act” and inserting “enactment of the Western Water Security Act of 2020”.

Sec. 202 Groundwater management assessment and improvement

Section 9504(a) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(a)) is amended—
(1)
in paragraph (1)—
(A)
in the matter preceding subparagraph (A), by inserting “or carrying out any activity” after “any improvement”;
(B)
by striking subparagraphs (A) through (E);
(C)
by redesignating subparagraphs (F) through (H) as subparagraphs (B) through (D), respectively;
(D)
by inserting before subparagraph (B) (as so redesignated) the following:

“(A) to assist States and water users in complying with interstate compacts through temporary, voluntary, and compensated transactions that decrease consumptive water use at a regional or watershed scale;”

(E)
in subparagraph (B) (as so redesignated), by striking “to prevent” and inserting “to achieve the prevention of”;
(F)
in subparagraph (C) (as so redesignated), by striking “to accelerate” and inserting “to achieve the acceleration of”; and
(G)
in subparagraph (D) (as so redesignated)—
(i)
by striking clause (i) and inserting the following:

“(i) to increase ecological resilience to climate change, including by enhancing natural water recharge infrastructure within a floodplain or riparian wetland, by addressing climate-related impacts or vulnerability to the water supply of the United States;”

(ii)
in clause (ii), by striking the period at the end and inserting “; or”; and
(iii)
by adding at the end the following:

“(iii) to plan for or address the impacts of drought.”

(2)
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
(3)
by inserting after paragraph (1) the following:

“(2) Eligible projects—The improvements or activities eligible for assistance under paragraph (1) may include improvements or activities—

“(A) using an approach—

“(i) to conserve water;

“(ii) to increase water use efficiency;

“(iii) to facilitate water markets; or

“(iv) to enhance water management, including increasing the use of renewable energy in the management and delivery of water or increasing natural water recharge infrastructure;

“(B) to improve the condition of natural water recharge infrastructure; or

“(C) to achieve the acceleration of the adoption and use of advanced water treatment technologies to increase water supply.”

(4)
in paragraph (4) (as so redesignated)—
(A)
in subparagraph (B)(i), by striking subclause (II) and inserting the following:

“(II) to use the assistance provided under a grant or agreement to increase the consumptive use of water for agricultural operations above the pre-project levels, as determined pursuant to the law of the State in which the operation of the eligible applicant is located.”

(B)
in subparagraph (E)—
(i)
by striking clause (i) and inserting the following:

“(i) Federal share

“(I) In general—Except as provided in subclause (II), the Federal share of the cost of any infrastructure improvement or activity that is the subject of a grant or other agreement entered into between the Secretary and an eligible applicant under paragraph (1) shall not exceed 50 percent of the cost of the infrastructure improvement or activity.

“(II) Increased federal share for certain infrastructure improvements and activities

“(aa) In general—The Federal share of the cost of an infrastructure improvement or activity described in item (bb) shall not exceed 75 percent of the cost of the infrastructure improvement or activity.

“(bb) Infrastructure improvements and activities described—An infrastructure improvement or activity referred to in item (aa) is an infrastructure improvement or activity that provides benefits to consumptive water users and nonconsumptive ecological or recreational values in which—

“(AA) in the case of an infrastructure improvement or activity that conserves water, the conserved water is returned to a surface water source with ecological or recreational benefits; or

“(BB) in the case of other infrastructure improvements or activities, the majority of the benefits are nonconsumptive ecological or recreational benefits.”

(ii)
in clause (ii), in the matter preceding subclause (I), by striking “paragraph (2)” and inserting “paragraph (3)”.

Sec. 203 Surface and groundwater water availability and the energy nexus

Section 9508(d)(3) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10368(d)(3)) is amended—
(1)
in subparagraph (D), by striking “and” at the end;
(2)
in subparagraph (E), by striking the semicolon and inserting “; and”; and
(3)
by adding at the end the following:

“(F) oil, gas, and mineral development under the Mineral Leasing Act (30 U.S.C. 181 et seq.), the Act of May 11, 1938 (commonly known as the “Indian Mineral Leasing Act of 1938”) (25 U.S.C. 396a et seq.), sections 2319 through 2344 of the Revised Statutes (commonly known as the “Mining Law of 1872”) (30 U.S.C. 22 et seq.), and the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.);”