[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4018 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4018
To amend the Healthy Forests Restoration Act of 2003 to reauthorize and
improve the Water Source Protection Program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 12, 2023
Mr. Costa (for himself and Mr. Valadao) introduced the following bill;
which was referred to the Committee on Agriculture, and in addition to
the Committee on Natural Resources, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Healthy Forests Restoration Act of 2003 to reauthorize and
improve the Water Source Protection Program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Headwaters Protection Act of 2023''.
SEC. 2. WATER SOURCE PROTECTION PROGRAM REAUTHORIZATION AND
IMPROVEMENTS.
Section 303 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6542) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (G) and
(H) as subparagraphs (K) and (L), respectively;
and
(ii) by inserting after subparagraph (F)
the following:
``(G) an acequia association;
``(H) a local, regional, or other public entity
that manages stormwater or wastewater resources or
other related water infrastructure;
``(I) a land-grant mercedes;
``(J) a local, regional, or other private entity
that has water delivery authority;'';
(B) by redesignating paragraphs (1) through (7) as
paragraphs (2) through (8), respectively; and
(C) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) Adjacent land.--The term `adjacent land' means non-
Federal land, including State, local, and private land, that is
adjacent to, and within the same watershed as, National Forest
System land on which a watershed protection and restoration
project is carried out under this section.'';
(2) in subsection (b)--
(A) by inserting ``and adjacent land'' before the
period at the end;
(B) by striking ``The Secretary shall'' and
inserting the following:
``(1) In general.--The Secretary shall''; and
(C) by adding at the end the following:
``(2) Requirements.--A watershed protection and restoration
project under the Program shall--
``(A) protect and restore watershed health, water
supply and quality, a municipal or agricultural water
supply system, and water-related infrastructure;
``(B) protect and restore forest health from insect
infestation and disease or wildfire; or
``(C) advance any combination of the purposes
described in subparagraphs (A) and (B).
``(3) Priorities.--In selecting watershed protection and
restoration projects under the Program, the Secretary shall
give priority to projects that would--
``(A) provide risk management benefits associated
with drought, wildfire, post-wildfire conditions,
extreme weather, or flooding, including minimizing
risks to watershed health, water supply and quality,
and water-related infrastructure, including municipal
and agricultural water supply systems;
``(B) be designed to support aquatic restoration
and conservation efforts that complement existing or
planned forest restoration or wildfire risk reduction
efforts;
``(C) include--
``(i) partners with demonstrated capacity
and success in designing and implementing
ecological restoration projects, wildfire risk
reduction efforts, or post-wildfire restoration
projects; or
``(ii) in the case of disadvantaged
communities that have historically lacked
access to adequate resources, partners with a
strong likelihood of success in designing and
implementing a watershed protection and
restoration project; and
``(D)(i) include a contribution of funds or in-kind
support from non-Federal partners in an amount greater
than the amount required under subsection (g)(2);
``(ii) provide quantifiable benefits to water
supply or quality and include the use of nature-based
solutions, such as restoring wetland and riparian
ecosystems;
``(iii) be designed to improve--
``(I) resilience to climate change; or
``(II) watershed and fire resilience; or
``(iv) include such other characteristics as the
Secretary determines to be appropriate.
``(4) Conditions for projects on adjacent land.--
``(A) In general.--No project or activity may be
carried out under this section on adjacent land unless
the owner of the adjacent land provides express support
for, and is a willing and engaged partner in, carrying
out that project or activity.
``(B) Effect.--Nothing in this section authorizes
any change in--
``(i) the ownership of adjacent land on
which a project or activity is carried out
under this section; or
``(ii) the management of adjacent land on
which a project or activity is carried out
under this section, except during the carrying
out of that project or activity.'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by inserting ``and adjacent land''
after ``watersheds'';
(ii) by striking the period at the end and
inserting ``; or'';
(iii) by striking ``with end water users''
and inserting the following: ``with--
``(A) end water users''; and
(iv) by adding at the end the following:
``(B) end waters users to protect and restore the
condition of National Forest watersheds and adjacent
land that provide water for the benefit of another end
water user.'';
(B) in paragraph (2)--
(i) in subparagraph (C), by striking ``or''
after the semicolon;
(ii) by redesignating subparagraph (D) as
subparagraph (E); and
(iii) by inserting after subparagraph (C)
the following:
``(D) a good neighbor agreement entered into under
section 8206 of the Agricultural Act of 2014 (16 U.S.C.
2113a); or''; and
(C) by adding at the end the following:
``(3) Leadership by non-federal partners.--The Secretary
shall facilitate a leadership role for non-Federal partners in
carrying out assessments, planning, project design, and project
implementation under this section.'';
(4) in subsection (d)--
(A) in paragraph (2), by striking ``shall be
conducted'' and inserting the following: ``shall be--
``(A) designed to protect and restore ecological
integrity (as defined in section 219.19 of title 36,
Code of Federal Regulations (as in effect on the date
of enactment of this subparagraph));
``(B) based on the best available scientific
information; and
``(C) conducted''; and
(B) by adding at the end the following:
``(4) Reducing redundancy.--An existing watershed plan,
such as a watershed protection and restoration action plan
developed under section 304(a)(3), or other applicable
watershed planning documents may be used as the basis for a
water source management plan under this subsection.'';
(5) in subsection (e)(1), by striking ``purpose of--'' in
the matter preceding subparagraph (A) and all that follows
through the period at the end of subparagraph (C) and inserting
``purpose of advancing any of the purposes described in
subsection (b)(2).''; and
(6) in subsection (g)--
(A) in paragraph (2)--
(i) by striking ``at least equal to'' and
inserting ``not less than 20 percent of'';
(ii) by striking ``The Secretary'' and
inserting the following:
``(A) In general.--Subject to subparagraph (B), the
Secretary''; and
(iii) by adding at the end the following:
``(B) Waiver.--The Secretary may waive the
requirement under subparagraph (A) in the discretion of
the Secretary.''; and
(B) in paragraph (4)--
(i) in subparagraph (B), by striking
``$10,000,000 for each of fiscal years 2019
through 2023'' and inserting ``$30,000,000 for
each of fiscal years 2024 through 2033''; and
(ii) by adding at the end the following:
``(D) Set-aside for partner participation in
planning and capacity.--Of the amounts made available
under subparagraph (B) to carry out this section for
each fiscal year, the Secretary shall use not less than
10 percent for non-Federal partner technical assistance
participation and capacity-building efforts in
developing or implementing a water source management
plan under subsection (d).''.
SEC. 3. WATERSHED CONDITION FRAMEWORK IMPROVEMENTS.
Section 304 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6543) is amended--
(1) in subsection (a)--
(A) in paragraph (5), by striking ``and'' at the
end;
(B) in paragraph (6), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(7) that ensures that management activities and
authorizations do not result in long-term degradation of
watershed health or lower the classification under paragraph
(1) of any watershed in a National Forest.''; and
(2) by adding at the end the following:
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 for each of fiscal
years 2024 through 2028.''.
SEC. 4. EFFECT.
Nothing in this Act or an amendment made by this Act shall be
construed--
(1) to supersede or in any manner affect or conflict with
State water law, Federal water law, interstate compacts, or
treaty obligations; or
(2) to authorize any acquisition of land by the Federal
Government or any exertion of Federal control over non-Federal
land.
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