118 HR 4018 IH: Headwaters Protection Act of 2023
U.S. House of Representatives
2023-06-12
text/xml
EN
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I
118th CONGRESS
1st Session
H. R. 4018
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.
1.

Short title
This Act may be cited as the “Headwaters Protection Act of 2023”.
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).”.
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.”.
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.