S. 228 — Acequia Communities Empowered by Qualifying Upgrades for Infrastructure Act

This section states congressional findings on acequias (i.e., community ditch water delivery systems) in New Mexico, including their historical origins, economic and cultural importance, role in water governance and watershed health, environmental benefits (e.g., groundwater recharge and wildlife habitat), challenges from aridification and invasive species, and reliance by parciantes (i.e., water rights holders) on the Noninsured Crop Disaster Assistance Program (7 U.S.C. 7333) for direct financial assistance addressing crop losses.

This section requires the Secretary of Agriculture, upon making a determination under subsection (a)(3) of the Noninsured Crop Disaster Assistance Program (NAP), to provide NAP assistance to producers relying on acequia systems (i.e., traditional community-managed irrigation ditches common in the southwestern United States) for all losses suffered as a result of that cause. (Thus, such producers receive payments for qualifying disaster losses without the prorated or partial coverage limitations that may otherwise apply under NAP.)

This section prohibits the Secretaries of Agriculture and the Interior from requiring special use permits for (1) the presence or use of an acequia (i.e., a community ditch as defined under New Mexico law) on federal land or the use of water therein; or (2) routine maintenance and minor improvements of such acequias conducted by community users (i.e., authorized personnel of the acequia's governing body). Routine maintenance and minor improvements include (1) cleaning, maintenance, repair, or replacement-in-kind of infrastructure; (2) annual ditch cleaning, including removal of silt; and (3) other traditional activities that preserve the acequia, as agreed in writing by the relevant Secretary and the acequia's governing body.

This section directs the Secretary of Agriculture to submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives, not later than two years after the date of enactment, a report that includes the following: (1) the number of agricultural producers in the most recent calendar year who rely on acequia systems or other traditional infrastructure vulnerable to drought conditions; (2) the amount of assistance provided under the Noninsured Crop Disaster Assistance Program (7 U.S.C. 7333)—which offers producers of eligible crops (i.e., those without Federal Crop Insurance Corporation coverage) the equivalent of catastrophic or additional coverage levels upon occurrence of a qualifying disaster—to producers described in subsection (c)(2)(C) of that section, in each county, during the most recent calendar year; (3) an analysis of the ability of such producers to access all programs administered by the Farm Service Agency and Natural Resources Conservation Service; and (4) a summary of any Department of Agriculture programs or initiatives in the most recent calendar year providing technical or financial assistance targeted to such producers.