[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1780 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1780

  To amend the Omnibus Public Land Management Act of 2009 to promote 
               watershed health, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 15, 2015

Mr. Heinrich (for himself and Mr. Flake) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To amend the Omnibus Public Land Management Act of 2009 to promote 
               watershed health, 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 ``Restoring America's Watersheds Act 
of 2015''.

SEC. 2. WATER SOURCE PROTECTION PROGRAM.

    Subtitle A of title III of the Omnibus Public Land Management Act 
of 2009 (Public Law 111-11; 123 Stat. 1126) is amended by adding at the 
end the following:

``SEC. 3002. WATER SOURCE PROTECTION PROGRAM.

    ``(a) In General.--The Secretary of Agriculture, acting through the 
Chief of the Forest Service (referred to in this section as the 
`Secretary'), shall establish and maintain a Water Source Protection 
Program (referred to in this section as the `Program') for National 
Forest System land derived from the public domain.
    ``(b) Water Source Investment Partnerships.--
            ``(1) In general.--In carrying out the Program, the 
        Secretary may enter into water source investment partnerships 
        with end water users (including States, political subdivisions, 
        Indian tribes, utilities, municipal water systems, irrigation 
        districts, nonprofit organizations, and corporations) to 
        protect and restore the condition of National Forest watersheds 
        that provide water to the non-Federal partners.
            ``(2) Form.--A partnership described in paragraph (1) may 
        take the form of memoranda of understanding, cost-share or 
        collection agreements, long-term match funding commitments, or 
        other appropriate instruments.
    ``(c) Water Source Management Plan.--
            ``(1) In general.--In carrying out the Program, the 
        Secretary may produce a water source management plan in 
        cooperation with the water source investment partnership 
        participants and State, local, and tribal governments.
            ``(2) Firewood.--A water source management plan may give 
        priority to projects that facilitate the gathering of firewood 
        for personal use pursuant to section 223.5 of title 36, Code of 
        Federal Regulations (or successor regulations).
            ``(3) Environmental analysis.--The Secretary may conduct--
                    ``(A) a single environmental impact statement or 
                similar analysis required under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) for all or part of the restoration projects in 
                the water source management plan; and
                    ``(B) a statement or analysis described in 
                subparagraph (A) as part of the development of the 
                water source management plan or after the finalization 
                of the plan.
            ``(4) Endangered species act.--In carrying out the Program, 
        the Secretary may use the Manual on Adaptive Management of the 
        Department of the Interior, including any associated guidance, 
        for purposes of fulfilling any requirements under the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
            ``(5) Funds and services.--
                    ``(A) In general.--In carrying out the Program, the 
                Secretary may accept and use funding, services, and 
                other forms of investment and assistance from water 
                source investment partnership participants to implement 
                the water source management plan.
                    ``(B) Manner of use.--The Secretary may accept and 
                use investments described in subparagraph (A) directly 
                or indirectly through the National Forest Foundation.
                    ``(C) Water source protection fund.--
                            ``(i) In general.--Subject to the 
                        availability of appropriations, the Secretary 
                        may establish a Water Source Protection Fund to 
                        match funds or in-kind support contributed by 
                        water source investment partnership 
                        participants under subparagraph (A).
                            ``(ii) Use of appropriated funds.--The 
                        Secretary may use funds appropriated to carry 
                        out this subparagraph to make multiyear 
                        commitments, if necessary, to implement 1 or 
                        more water source investment partnership 
                        agreements.''.

SEC. 3. WATERSHED CONDITION FRAMEWORK.

    Subtitle A of title III of the Omnibus Public Land Management Act 
of 2009 (as amended by section 2) is amended by adding at the end the 
following:

``SEC. 3003. WATERSHED CONDITION FRAMEWORK.

    ``(a) In General.--The Secretary of Agriculture, acting through the 
Chief of the Forest Service (referred to in this section as the 
`Secretary'), shall establish and maintain a Watershed Condition 
Framework for National Forest System land derived from the public 
domain--
            ``(1) to evaluate and classify the condition of watersheds, 
        taking into consideration--
                    ``(A) water quality and quantity;
                    ``(B) aquatic habitat and biota;
                    ``(C) riparian and wetland vegetation;
                    ``(D) the presence of roads and trails;
                    ``(E) soil type and condition;
                    ``(F) groundwater-dependent ecosystems;
                    ``(G) relevant terrestrial indicators, such as fire 
                regime, risk of catastrophic fire, forest and rangeland 
                vegetation, invasive species, and insects and disease; 
                and
                    ``(H) other significant factors, as determined by 
                the Secretary;
            ``(2) to identify for restoration up to 5 priority 
        watersheds in each National Forest, and up to 2 priority 
        watersheds in each national grassland, taking into 
        consideration the impact of the condition of the watershed 
        condition on--
                    ``(A) wildfire behavior;
                    ``(B) flood risk;
                    ``(C) fish and wildlife;
                    ``(D) drinking water supplies;
                    ``(E) irrigation water supplies;
                    ``(F) forest-dependent communities; and
                    ``(G) other significant impacts, as determined by 
                the Secretary;
            ``(3) to develop a watershed restoration action plan for 
        each priority watershed that--
                    ``(A) takes into account existing restoration 
                activities being implemented in the watershed; and
                    ``(B) includes, at a minimum--
                            ``(i) the major stressors responsible for 
                        the impaired condition of the watershed;
                            ``(ii) a set of essential projects that, 
                        once completed, will address the identified 
                        stressors and improve watershed conditions;
                            ``(iii) a proposed implementation schedule;
                            ``(iv) potential partners and funding 
                        sources; and
                            ``(v) a monitoring and evaluation program;
            ``(4) to prioritize restoration activities for each 
        watershed restoration action plan;
            ``(5) to implement each watershed restoration action plan; 
        and
            ``(6) to monitor the effectiveness of restoration actions 
        and indicators of watershed health.
    ``(b) Coordination.--Throughout the process described in subsection 
(a), the Secretary shall--
            ``(1) coordinate with interested non-Federal landowners and 
        with State, tribal, and local governments within the relevant 
        watershed; and
            ``(2) provide for an active and ongoing public engagement 
        process.
    ``(c) Emergency Designation.--Notwithstanding subsection (a)(2), 
the Secretary may identify a watershed as a priority for rehabilitation 
in the Watershed Condition Framework without using the process 
described in subsection (a), if a Forest Supervisor determines that--
            ``(1) a wildfire has significantly diminished the condition 
        of the watershed; and
            ``(2) the emergency stabilization activities of the Burned 
        Area Emergency Response Team are insufficient to return the 
        watershed to proper function.''.

SEC. 4. COLLABORATIVE FOREST LANDSCAPE RESTORATION PROGRAM.

    (a) Selection Process.--Section 4003(f)(4) of the Omnibus Public 
Land Management Act of 2009 (16 U.S.C. 7303(f)(4)) is amended by adding 
at the end the following:
                    ``(C) Prequalification.--
                            ``(i) In general.--Before awarding a 
                        contract funded by the Fund, the Secretary 
                        shall determine whether the contractor has the 
                        ability to complete the proposed restoration 
                        activities, including--
                                    ``(I) the financial ability to 
                                raise the funds necessary for the 
                                proposed restoration activities; and
                                    ``(II) sufficient capacity to 
                                perform the type and scope of the 
                                proposed restoration activities.
                            ``(ii) Criteria.--If the Department does 
                        not have sufficient expertise to develop and 
                        evaluate criteria to make a determination under 
                        clause (i), the Secretary shall seek the 
                        assistance of other agencies or third-party 
                        consultants for purposes of developing and 
                        evaluating the criteria.''.
    (b) Reauthorization of Collaborative Forest Landscape Restoration 
Fund.--Section 4003(f)(6) of the Omnibus Public Land Management Act of 
2009 (16 U.S.C. 7303(f)(6)) is amended by striking ``2019, to remain 
available until expended'' and inserting ``2014, and $60,000,000 for 
each of fiscal years 2016 through 2024, to remain available until 
expended''.
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