[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1853 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 1853

To amend the Healthy Forests Restoration Act of 2003 to reauthorize and 
  improve the Water Source Protection Program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 7, 2023

  Mr. Bennet (for himself, Mr. Crapo, Mrs. Feinstein, Mr. Risch, Mr. 
 Lujan, Mr. Kelly, Mr. Hickenlooper, and Mr. Heinrich) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 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.
                                 <all>