,,ii #aahth ,,congress #ast ,session ,s4 #bbej ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #aa1 #bjbc,mr4 ,bennet 7for himself1 ,mr4 ,moran1 and ,mr4 ,heinrich7 introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to amend the ,food ,security ,act of #aihe to establish a groundwater conservation easement program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,voluntary ,groundwater ,conservation ,act of #bjbc4 #b4 ,groundwater conservation easement program 7a7 ,agricultural conservation easement program purposes ,section #abfe7;b7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chfe7;b77 is amended-- 7#a7 in paragraph 7#c71 by striking and at the end2 7#b7 in paragraph 7#d71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#e7 facilitate reductions in groundwater consumption to support local1 regional1 or ,state groundwater management4 4 7b7 ,establishment ,subtitle ,h of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chfe et seq47 is amended by adding at the end the following3 #abfe;,e4 ,groundwater conservation easement program 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 an agency of ,state or local government2 7,b7 an ,indian ,tribe2 or 7,c7 an organization described in section #abfe;,a7#c77;,b74 7#b7 ,eligible land ,the term eligible land means the surface estate of land on which eligible water rights have been historically used1 as determined by governing ,state law1 including-- 7,a7 cropland2 7,b7 grassland2 7,c7 rangeland2 7,d7 pasture land2 7,e7 nonindustrial private forest land2 and 7,f7 other agricultural land4 7#c7 ,eligible water rights ,the term eligible water rights means rights that are-- 7,a7 owned or controlled by #a or more private1 governmental1 or ,tribal landowners to groundwater that has been used on eligible land2 and 7,b7 subject to a pending offer for the purchase of a groundwater conservation easement from an eligible entity1 the purchase of which would-- 7i7 promote reduced groundwater consumption and reduced reliance on groundwater2 and 7ii7 advance local1 regional1 or ,state groundwater management consistent with the purposes of the groundwater conservation easement program4 7#d7 ,groundwater conservation easement 7,a7 ,in general ,the term groundwater conservation easement means an easement or other interest in eligible water rights that-- 7i7 is conveyed for the purpose of supporting local1 regional1 or ,state groundwater management that reduces groundwater consumption while providing community and environmental benefits2 7ii7 includes restrictions on the consumption of groundwater related to the historical withdrawals of the groundwater of the landowner associated with the entirety of the eligible land associated with the eligible water rights2 and 7iii7 expressly permits the landowner the right to continue agricultural production and other uses compatible with reduced groundwater consumption1 consistent with the legally permissible use and administration of the water rights by the applicable ,state4 7,b7 ,eligible land ,an easement or other interest described in subparagraph 7,a7 may include eligible land associated with the eligible water rights described in that subparagraph1 subject to the choice of the owner of the eligible land1 consistent with applicable ,state law4 7b7 ,establishment ,the ,secretary shall establish a groundwater conservation easement program for the conservation of groundwater resources associated with eligible water rights1 which may include eligible land associated with those eligible water rights1 through groundwater conservation easements4 7c7 ,purposes ,the purposes of the groundwater conservation easement program are-- 7#a7 to promote the conservation and reduction in consumption of groundwater resources1 including the recharging of declining aquifers1 while allowing for continued agricultural production and other uses2 7#b7 to support landowners in the adaptation to1 and reduction in reliance on1 declining groundwater resources2 and 7#c7 to protect agricultural use1 community vitality1 and economic well-being1 including through the development of renewable energy1 in the face of long-term declines in groundwater availability4 7d7 ,availability of assistance ,the ,secretary shall facilitate and provide funding for-- 7#a7 the purchase by eligible entities of groundwater conservation easements2 and 7#b7 technical assistance to implement the groundwater conservation easement program4 7e7 ,cost-,share assistance 7#a7 ,in general ,the ,secretary shall encourage conservation of groundwater resources through cost-share assistance to eligible entities for purchasing groundwater conservation easements4 7#b7 ,scope of assistance available 7,a7 ,in general ,an agreement described in paragraph 7#d7 shall provide for-- 7i7 subject to subparagraph 7,d71 a ,federal share determined by the ,secretary of an amount not to exceed #fe percent of the fair market value of the groundwater conservation easement1 as determined under subparagraph 7,b72 and 7ii7 an additional payment in an amount not to exceed #e percent of the ,federal share determined under clause 7i7 for costs associated with securing a deed to the groundwater conservation easement1 including the costs of valuation1 survey1 inspection1 and title4 7,b7 ,fair market value ,the fair market value of a groundwater conservation easement shall be determined by the ,secretary using-- 7i7 the ,uniform ,standards of ,professional ,appraisal ,practice2 7ii7 an areawide market analysis or survey2 7iii7 another industry-approved method2 7iv7 a methodology used by another ,federal agency2 7v7 a model for valuation developed by a research institution2 or 7vi7 a method of valuing ecosystem services associated with protected water rights4 7,c7 ,reimbursable costs 7i7 ,in general ,except as provided in clause 7ii71 the ,secretary shall provide a payment under subparagraph 7,a77ii7 to an eligible entity as a reimbursement after the costs described in that subparagraph are incurred by the eligible entity4 7ii7 ,limited resource landowners ,in the case of eligible water rights or eligible land owned by a limited-resource landowner1 as determined by the ,secretary1 the ,secretary shall provide a payment under subparagraph 7,a77ii7 in advance as part of an agreement described in paragraph 7#d74 7,d7 ,lower ,federal share option 7i7 ,in general ,an eligible entity may elect to enter into an agreement described in paragraph 7#d7 under which the ,federal share does not exceed #be percent of the fair market value of the groundwater conservation easement1 as determined under subparagraph 7,b74 7ii7 ,no right of enforcement ,notwithstanding paragraph 7#d77;,c77iii71 an agreement with respect to which an eligible entity makes the election under clause 7i7 shall not include a right of enforcement for the ,secretary4 7,e7 ,permissible forms ,the non-,federal share provided by an eligible entity under this paragraph may comprise-- 7i7 cash resources2 7ii7 a charitable donation or qualified conservation contribution 7as defined in section #agj7;h7 of the ,internal ,revenue ,code of #aihf7 from the landowner from which the groundwater conservation easement will be purchased2 7iii7 costs associated with securing a deed to the groundwater conservation easement1 including the cost of appraisal1 survey1 inspection1 and title2 and 7iv7 other costs1 as determined by the ,secretary4 7#c7 ,evaluation and ranking of applications 7,a7 ,criteria ,the ,secretary shall establish evaluation and ranking criteria to maximize the benefit of ,federal investment under the groundwater conservation easement program4 7,b7 ,considerations ,in establishing the criteria under subparagraph 7,a71 the ,secretary shall emphasize support for-- 7i7 maintaining or enhancing groundwater-dependent ecosystems2 and 7ii7 advancing long-term groundwater sustainability consistent with existing ,state or local groundwater management initiatives4 7,c7 ,bidding down ,if the ,secretary determines that #b or more applications for cost-share assistance under this subsection are comparable in achieving the purpose of the groundwater conservation easement program1 the ,secretary shall not assign a higher priority to any of those applications solely on the basis of lesser cost to the groundwater conservation easement program4 7#d7 ,agreements with eligible entities 7,a7 ,in general ,the ,secretary shall enter into agreements with eligible entities to stipulate the terms and conditions under which the eligible entity is permitted to use cost-share assistance provided under this subsection4 7,b7 ,length of agreements ,an agreement under this paragraph shall be for a term that is-- 7i7 in the case of an eligible entity certified under the process described in paragraph 7#e71 a minimum of #e years2 and 7ii7 for all other eligible entities1 not less than #c1 but not more than #e1 years4 7,c7 ,minimum terms and conditions ,an eligible entity shall be authorized to use such terms and conditions for groundwater conservation easements as the eligible entity may establish1 subject to the condition that the ,secretary shall determine that those terms and conditions-- 7i7 are consistent with the purposes of the groundwater conservation easement program2 7ii7 permit effective enforcement of the conservation purposes of the groundwater conservation easements1 including-- 7,i7 a mechanism for the measurement of groundwater pumping reductions2 and 7,,ii7 the ability to enforce those reductions under relevant ,state law2 7iii7 except as provided in paragraph 7#b77;,d77ii71 include a right of enforcement for the ,secretary1 which may be used only if the terms of the groundwater conservation easement are not enforced by the holder of the groundwater conservation easement2 and 7iv7 subject the eligible water rights and eligible land1 if applicable1 in which an interest is purchased to a groundwater conservation easement plan that includes-- 7,i7 a description of the activities that demonstrate protection of soil resources and reduced groundwater use and meet any other conservation purposes for which the groundwater conservation easement was acquired2 7,,ii7 a groundwater conservation plan1 where appropriate1 that includes1 at the option of the ,secretary1 activities that will help maintain or enhance groundwater-dependent ecosystems2 and 7,,iii7 any other provisions that the ,secretary determines to be necessary to accomplish the purposes of the groundwater conservation easement program4 7,d7 ,substitution of qualified projects ,an agreement under this paragraph shall allow1 on mutual agreement of the parties1 substitution of qualified projects that are identified at the time of the proposed substitution4 7,e7 ,effect of violation ,if a violation of a term or condition of an agreement under this paragraph occurs1 the ,secretary may-- 7i7 terminate the agreement2 and 7ii7 require the eligible entity to refund all1 or part of1 any payments received by the eligible entity under the groundwater conservation easement program1 with interest on the payments1 as determined appropriate by the ,secretary4 7#e7 ,certification of eligible entities 7,a7 ,certification process ,the ,secretary shall establish a process under which the ,secretary may-- 7i7 directly certify eligible entities that meet established criteria2 7ii7 enter into long-term agreements with certified eligible entities2 and 7iii7 accept proposals for cost-share assistance for the purchase of groundwater conservation easements throughout the duration of those agreements4 7,b7 ,certification criteria ,to be certified under subparagraph 7,a71 an eligible entity shall demonstrate to the ,secretary that the eligible entity will maintain1 at a minimum1 for the duration of the agreement-- 7i7 a plan for administering groundwater conservation easements that is consistent with the purposes of the groundwater conservation easement program2 7ii7 the capacity and resources to monitor and enforce groundwater conservation easements2 and 7iii7 policies and procedures to ensure-- 7,i7 the long-term integrity of groundwater conservation easements2 7,,ii7 timely completion of acquisitions of groundwater conservation easements2 and 7,,iii7 timely and complete evaluation and reporting to the ,secretary with respect to the use of funds provided under the groundwater conservation easement program4 7,c7 ,review and revision 7i7 ,review ,the ,secretary shall conduct a review of eligible entities certified under subparagraph 7,a7 not less frequently than once every #c years to ensure that the eligible entities are meeting the criteria established under subparagraph 7,b74 7ii7 ,revocation ,if the ,secretary finds that a certified eligible entity no longer meets the criteria established under subparagraph 7,b71 the ,secretary may-- 7,i7 allow the certified eligible entity a specified period of time1 but not less than #ahj days1 during which to take such actions as may be necessary to meet the criteria2 and 7,,ii7 revoke the certification of the eligible entity1 if1 after that specified period of time1 the certified eligible entity does not meet the criteria4 7f7 ,geographic scope ,the ,secretary may only enroll eligible water rights or eligible land under this section in regions-- 7#a7 experiencing significant groundwater depletion1 as determined by the ,secretary consistent with data of the ,united ,states ,geological ,survey2 and 7#b7 where groundwater monitoring and permitting exists through the ,state1 a local government1 or a groundwater management district4 7g7 ,method of enrollment ,the ,secretary shall enroll eligible water rights and eligible land under this section through the use of-- 7#a7 permanent easements2 or 7#b7 easements for the maximum duration allowed under applicable ,state laws4 7h7 ,technical assistance ,the ,secretary may provide technical assistance1 if requested1 to assist in-- 7#a7 compliance with the terms and conditions of groundwater conservation easements2 and 7#b7 implementation of an approved groundwater conservation easement plan described in subsection 7e77#d77;,c77iv74 4 #c4 ,adjusted gross income limitation ,section #ajja;,d of the ,food ,security ,act of #aihe 7#g ,u4,s4,c4 #acjh-c;a7 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 by striking ,in this and inserting the following3 7,a7 ,in general ,in this 2 and 7,b7 by adding at the end the following3 7,b7 ,exclusion ,in this section1 the term average adjusted gross income does not include any income received by a person or legal entity that is a landowner of eligible land 7as defined in section #abfe;,a7 as compensation for the purchase of an agricultural land easement under subtitle ,h4 2 and 7#b7 in subsection 7b77#c71 by inserting 1 or aquifer recovery or a permanent reduction in consumptive use of water would be achieved1 after protected4