[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2636 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2636

 To amend the Watershed Protection and Flood Prevention Act to improve 
                   that Act, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2023

Mr. Bennet (for himself, Mrs. Fischer, and Mr. Merkley) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
 To amend the Watershed Protection and Flood Prevention Act to improve 
                   that Act, 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 ``Healthy Watersheds, Healthy 
Communities Act of 2023''.

SEC. 2. SHORT TITLE; FINDINGS; DECLARATION OF POLICY.

    The first section of the Watershed Protection and Flood Prevention 
Act (16 U.S.C. 1001) is amended to read as follows:

``SECTION 1. SHORT TITLE; FINDINGS; DECLARATION OF POLICY.

    ``(a) Short Title.--This Act may be cited as the `Watershed 
Protection and Flood Prevention Act'.
    ``(b) Findings.--Congress finds that erosion, floodwater, drought, 
and sediment damages in the watersheds of the rivers and streams of the 
United States cause loss of life, declines in agricultural production, 
harm to fish, birds, wildlife, and recreation opportunities, and damage 
to property, thereby constituting a menace to the national welfare.
    ``(c) Sense of Congress.--It is the sense of Congress that the 
Federal Government should cooperate with States and political 
subdivisions of States, Tribal organizations described in section 
2(2)(C), insular areas (as defined in section 1404 of the National 
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 
U.S.C. 3103)), soil or water conservation districts, flood prevention 
or control districts, irrigation districts or similar entities, 
nonprofit organizations, and other local public agencies for the 
purposes of--
            ``(1) preventing the damages described in subsection (b);
            ``(2) furthering the conservation, development, 
        utilization, and disposal of water, and the conservation and 
        utilization of land; and
            ``(3) thereby preserving, protecting, and improving land 
        and water resources and the quality of the environment.''.

SEC. 3. DEFINITIONS.

    Section 2 of the Watershed Protection and Flood Prevention Act (16 
U.S.C. 1002) is amended to read as follows:

``SEC. 2. DEFINITIONS.

    ``In this Act:
            ``(1) Irrigation efficiency.--The term `irrigation 
        efficiency' means a reduction in the quantity of non-consumed 
        water diverted at a source for irrigation purposes, consistent 
        with State water law.
            ``(2) Local organization.--The term `local organization' 
        means--
                    ``(A)(i) any State, political subdivision of a 
                State, soil or water conservation district, flood 
                prevention or control district, or combination thereof; 
                or
                    ``(ii) any other governmental agency having 
                authority under State law to carry out, maintain, and 
                operate a work of improvement;
                    ``(B) any irrigation district or reservoir company, 
                water users' association, canal company, ditch 
                association, acequia, or similar entity, or 
                nongovernmental organization that is not being operated 
                for profit, with--
                            ``(i) the capacity to engage in the 
                        planning or implementation of land treatment 
                        and related conservation measures; or
                            ``(ii) the authority to construct and 
                        maintain structural measures; or
                    ``(C) any Indian Tribe or Tribal organization (as 
                those terms are defined in section 4 of the Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 5304)) having authority under Federal, State, or 
                Indian Tribal law to carry out, maintain, and operate a 
                work of improvement.
            ``(3) Multibenefit work of improvement.--The term 
        `multibenefit work of improvement' means a work of improvement, 
        including irrigation efficiency, flood-damage reduction, water 
        management, or watershed protection, that provides 2 or more of 
        the following public benefits:
                    ``(A) Improvement in the condition of a natural 
                feature that increases fish or wildlife habitat, 
                reduces drought impact, or reduces flood-risk.
                    ``(B) Improvement in water quality.
                    ``(C) Water conservation.
                    ``(D) Improvement to instream flow.
                    ``(E) Enhanced fish passage or reduction in fish 
                entrainment.
                    ``(F) Permanent protection of a natural feature.
                    ``(G) Off-channel renewable energy production.
            ``(4) Natural feature.--The term `natural feature' means a 
        feature that is created through the action of physical, 
        geological, biological, and natural chemical processes over 
        time.
            ``(5) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture.
            ``(6) Water conservation.--The term `water conservation' 
        means a reduction in total annual consumptive water use 
        compared to total annual consumptive water use before a work of 
        improvement is carried out under this Act.
            ``(7) Water management.--The term `water management' means 
        any project or activity carried out to increase the efficiency 
        of water use, transfer, diversion, or conveyance.
            ``(8) Work of improvement.--
                    ``(A) In general.--The term `work of improvement' 
                means any undertaking carried out in a watershed or 
                subwatershed area not exceeding 250,000 acres 
                (including on Federal land necessary to accomplish the 
                purposes of the undertaking) for--
                            ``(i) flood prevention (including 
                        structural and land treatment measures);
                            ``(ii) the conservation, development, 
                        utilization, and disposal of water; or
                            ``(iii) the conservation and proper 
                        utilization of land.
                    ``(B) Exclusion.--The term `work of improvement' 
                does not include any single structure that provides--
                            ``(i) more than 12,500 acre-feet of 
                        floodwater detention capacity; and
                            ``(ii) more than 25,000 acre-feet of total 
                        capacity.
                    ``(C) Requirement for agriculture or conservation 
                benefits.--Each undertaking described in subparagraph 
                (A) shall contain benefits directly related to 
                agriculture or conservation, including communities in 
                rural areas (as defined in section 343(a) of the 
                Consolidated Farm and Rural Development Act (7 U.S.C. 
                1991(a))), that account for at least 20 percent of the 
                total benefits of the undertaking.
                    ``(D) Consolidated planning.--1 or more 
                subwatersheds, when the subwatersheds are components of 
                a larger watershed, may be planned together at the 
                discretion of the local organization sponsoring the 
                applicable undertaking.''.

SEC. 4. ASSISTANCE TO LOCAL ORGANIZATIONS.

    Section 3 of the Watershed Protection and Flood Prevention Act (16 
U.S.C. 1003) is amended--
            (1) by redesignating subsection (b) as subsection (e);
            (2) in subsection (a)(6), in the first sentence, by 
        striking ``occupiers, individually'' and inserting the 
        following: ``occupiers in accordance with subsection (b).
    ``(b) Agreements With Landowners, Operators, and Occupiers.--
            ``(1) In general.--The Secretary may enter into agreements 
        under subsection (a)(6) with landowners, operators, and 
        occupiers, individually'';
            (3) in subsection (b) (as so designated)--
                    (A) by striking ``supplemented. Applications'' and 
                inserting the following: ``supplemented.
            ``(2) Applications.--Applications'';
                    (B) in paragraph (2) (as so designated)--
                            (i) in the first sentence, by striking 
                        ``such conservation plans'' and inserting 
                        ``conservation plans described in paragraph 
                        (1)''; and
                            (ii) by striking ``such district. In 
                        return'' and all that follows through 
                        ``interest. The portion'' and inserting the 
                        following: ``that district.
            ``(3) Cost sharing.--
                    ``(A) In general.--The Secretary may agree to share 
                the costs of carrying out a work of improvement, or 
                specific practices and measures described in such an 
                agreement, if the Secretary determines that cost 
                sharing is appropriate and in the public interest.'';
                    ``(B) Portion of costs.--The portion''; and
                            (iii) in subparagraph (B) (as so 
                        designated)--
                                    (I) by striking ``programs. The 
                                Secretary'' and inserting the 
                                following: ``programs.
            ``(4) Termination; modifications.--The Secretary'';
                    (C) in paragraph (4) (as so designated)--
                            (i) in the first sentence, by striking 
                        ``hereunder, as he'' and inserting ``under this 
                        subsection, as the Secretary''; and
                            (ii) by striking ``herein. 
                        Notwithstanding'' and inserting the following: 
                        ``under this subsection.
            ``(5) Preservation or surrender of history.--
        Notwithstanding''; and
                    (D) in paragraph (5) (as so designated)--
                            (i) by striking ``he'' and inserting ``the 
                        Secretary'';
                            (ii) by striking ``paragraph'' and 
                        inserting ``subsection'';
                            (iii) by striking ``hereunder for (1) 
                        preservation'' and inserting the following: 
                        ``under this paragraph for--
                    ``(A) preservation''; and
                            (iv) in subparagraph (A) (as so 
                        designated), by striking ``crop; or (2) 
                        surrender'' and inserting the following: 
                        ``crop; or
                    ``(B) surrender'';
            (4) by inserting after subsection (b) (as so designated) 
        the following:
    ``(c) Delegation of Authorities.--The Secretary shall delegate 
final decision-making authority to the State Conservationist, or the 
agency having that responsibility, of the State in which the work of 
improvement is located for the determination of when the watershed plan 
for a work of improvement shall be released for final public comment.
    ``(d) Deadline for Approval or Disapproval.--
            ``(1) In general.--Subject to paragraph (2), not later than 
        45 days after the date on which an application for a work of 
        improvement is submitted to the Secretary, the Secretary shall 
        approve or disapprove the application.
            ``(2) Extensions.--The Secretary may extend the deadline 
        described in paragraph (1) by 45 days, if necessary.'';
            (5) in subsection (e) (as so redesignated)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by inserting ``or the delegated 
                        authority under subsection (c)'' after ``The 
                        Secretary''; and
                            (ii) by inserting ``or the delegated 
                        authority'' after ``if the Secretary''; and
                    (B) in paragraph (2), by striking ``section 4'' and 
                inserting ``section 7''; and
            (6) by adding at the end the following:
    ``(f) Approval of Plans That Improve the Condition of a Natural 
Feature.--Notwithstanding subsection (a)(3), the Secretary may approve 
a plan for a multibenefit work of improvement, regardless of the ratio 
of costs to benefits of the multibenefit work of improvement.
    ``(g) Guarantee of Funding for Certain Construction Materials.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary may approve funding under a work of improvement for 
        construction materials for pipes to convey water if the 
        Secretary determines that the construction materials--
                    ``(A) are fully recyclable;
                    ``(B) maintain structural integrity for not less 
                than 100 years; and
                    ``(C) are capable of being manufactured on-site.
            ``(2) Construction materials with less than 100-year 
        structural integrity.--The Secretary, at the election of a 
        project sponsor and with the recommendation of the applicable 
        State Conservationist of the project sponsor, may approve 
        funding under a work of improvement for construction materials 
        for pipes to convey water that do not meet the criteria 
        described in subparagraphs (A) through (C) of paragraph (1).''.

SEC. 5. NOTIFICATION REQUIREMENT.

    Section 4 of the Watershed Protection and Flood Prevention Act (16 
U.S.C. 1004) is amended to read as follows:

``SEC. 4. NOTIFICATION REQUIREMENT.

    ``(a) In General.--
            ``(1) Approval by secretary required.--No amounts shall be 
        provided under this Act for any plan for a work of improvement 
        involving an estimated Federal contribution to construction 
        costs in excess of $50,000,000, or that includes any structure 
        that provides more than 2,500 acre-feet of total capacity, 
        unless the Secretary has approved the work of improvement.
            ``(2) Notice.--Except in the case of a flood prevention 
        project described in subsection (b), not less than 60 days 
        before approving a plan described in paragraph (1), the 
        Secretary shall provide to the Committee on Agriculture, 
        Nutrition, and Forestry of the Senate and the Committee on 
        Agriculture of the House of Representatives a notice of the 
        approval, including a description of the justification for the 
        approval and a copy of the plan.
    ``(b) Flood Prevention Projects.--
            ``(1) Projects less than 4,000 acre-feet of capacity.--In 
        the case of any plan for a flood prevention project under this 
        Act involving no single structure providing more than 4,000 
        acre-feet of total capacity, not less than 60 days before 
        approving a plan described in subsection (a)(1), the Secretary 
        shall provide to the Committee on Agriculture, Nutrition, and 
        Forestry of the Senate and the Committee on Agriculture of the 
        House of Representatives a notice of the approval, including a 
        description of the justification for the approval and a copy of 
        the plan.
            ``(2) Projects more than 4,000 acre-feet of capacity.--In 
        the case of any plan for a flood prevention project under this 
        Act involving any single structure providing more than 4,000 
        acre-feet of total capacity, not less than 60 days before 
        approving a plan described in subsection (a)(1), the Secretary 
        shall provide to the Committee on Environment and Public Works 
        of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives a notice of the 
        approval, including a description of the justification for the 
        approval and a copy of the plan.
    ``(c) Watershed or Subwatershed Areas.--If the estimated Federal 
contribution to the construction cost of works of improvement in the 
plan for any watershed or subwatershed area exceeds $50,000,000 or 
includes any structure that provides more than 2,500 acre-feet of total 
capacity, the Secretary shall provide a copy of the plan and a 
justification for the plan to--
            ``(1) the Committee on Agriculture, Nutrition, and Forestry 
        of the Senate and the Committee on Agriculture of the House of 
        Representatives, if the plan includes no single structure 
        providing more than 4,000 acre-feet of total capacity; or
            ``(2) the Committee on Environment and Public Works of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives, if the plan includes any 
        single structure providing more than 4,000 acre-feet of total 
        capacity.''.

SEC. 6. MULTIBENEFIT WORK OF IMPROVEMENT ALLOCATION.

    Section 5 of the Watershed Protection and Flood Prevention Act (16 
U.S.C. 1005) is amended to read as follows:

``SEC. 5. MULTIBENEFIT WORK OF IMPROVEMENT ALLOCATION.

    ``The Secretary shall allocate not less than 50 percent of the 
total amount made available under this Act for each fiscal year for the 
planning, design, or construction of multibenefit works of 
improvement.''.

SEC. 7. REPEALS; REDESIGNATIONS.

    (a) Repeals.--Sections 9 and 11 of the Watershed Protection and 
Flood Prevention Act (16 U.S.C. 1006b; 16 U.S.C. 1001 note; 68 Stat. 
668; 70 Stat. 1090) are repealed.
    (b) Redesignations.--The Watershed Protection and Flood Prevention 
Act is amended by redesignating sections 3A, 6, 7, 8, 12, 13, 14, and 
15 (16 U.S.C. 1003a, 1006; 68 Stat. 668; 16 U.S.C. 1006a, 1008, 1010, 
1012, 1012a) as sections 6, 9, 11, 12, 13, 14, 15, and 16, 
respectively.
    (c) Conforming Amendments.--
            (1) Section 515(b)(8)(B) of the Surface Mining Control and 
        Reclamation Act of 1977 (30 U.S.C. 1265(b)(8)(B)) is amended by 
        striking ``Public Law 83-566 (16 U.S.C. 1006)'' and inserting 
        ``section 9 of the Watershed Protection and Flood Prevention 
        Act''.
            (2) Section 1211(a)(3)(D) of the Food Security Act of 1985 
        (16 U.S.C. 3811(a)(3)(D)) is amended--
                    (A) by striking ``or 8'';
                    (B) by striking ``and 1006a''; and
                    (C) by inserting ``or section 12 of that Act'' 
                before the period at the end.
            (3) Section 1221(b)(3)(D) of the Food Security Act of 1985 
        (16 U.S.C. 3821(b)(3)(D)) is amended--
                    (A) by striking ``or 8'';
                    (B) by striking ``and 1006a''; and
                    (C) by inserting ``or section 12 of that Act'' 
                before the period at the end.
            (4) Section 1271A(1)(F) of the Food Security Act of 1985 
        (16 U.S.C. 3871a(1)(F)) is amended by striking ``section 14 (16 
        U.S.C. 1012) of that Act'' and inserting ``section 15 of that 
        Act''.
            (5) Section 10 of the Watershed Protection and Flood 
        Prevention Act (16 U.S.C. 1007) is amended, in the second 
        sentence, by striking ``provisions of section 3 or clause (a) 
        of section 8 of this Act'' and inserting ``section 3 or 
        subsection (a) of the first sentence of section 12''.

SEC. 8. COST SHARE ASSISTANCE.

    Section 6 of the Watershed Protection and Flood Prevention Act (16 
U.S.C. 1001 et seq.) (as redesignated by section 7(b)) is amended--
            (1) in subsection (a), by inserting ``, as determined by 
        the Secretary,'' after ``assistance''; and
            (2) by adding at the end the following:
    ``(c) Treatment of Other Federal Funds for Works of Improvement.--
Any funds provided for a work of improvement through any Federal 
department or agency other than the Department of Agriculture shall be 
considered to be part of the non-Federal share of the cost of the work 
of improvement provided by the sponsor of the work of improvement.''.

SEC. 9. CONDITIONS FOR FEDERAL ASSISTANCE.

    The Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 
et seq.) is amended by inserting after section 6 (as redesignated by 
section 7(b)) the following:

``SEC. 7. CONDITIONS FOR FEDERAL ASSISTANCE.

    ``(a) In General.--The Secretary shall require, as a condition of 
providing Federal assistance for the installation of a work of 
improvement, that a local organization sponsoring the work of 
improvement shall--
            ``(1) acquire, or, with respect to interests in land to be 
        acquired by condemnation, provide assurances satisfactory to 
        the Secretary that they will acquire, without cost to the 
        Federal Government from funds appropriated for the purposes of 
        this Act (except as provided in subsection (b)), such land, 
        easements, or rights-of-way as will be needed in connection 
        with works of improvement installed with Federal assistance;
            ``(2) make arrangements satisfactory to the Secretary for 
        defraying costs of operating and maintaining such works of 
        improvement, in accordance with regulations presented by the 
        Secretary;
            ``(3) acquire, or provide assurance that landowners or 
        water users have acquired, such water rights, pursuant to State 
        law, as may be needed in the installation and operation of the 
        work of improvement;
            ``(4) obtain agreements to carry out recommended soil 
        conservation measures and proper farm plans from owners of not 
        less than 50 percent of the land situated in the drainage area 
        above each retention reservoir to be installed with Federal 
        assistance; and
            ``(5) submit a plan of repayment satisfactory to the 
        Secretary for any loan or advancement made under section 12.
    ``(b) Cost Share or Advance Payments for Certain Activities.--
            ``(1) Public fish and wildlife or recreational 
        development.--
                    ``(A) In general.--If a local organization agrees 
                to operate and maintain any reservoir or other area 
                included in a plan for public fish and wildlife or 
                recreational development, the Secretary shall not bear 
                more than 50 percent of the costs of--
                            ``(i) the land, easements, or rights-of-way 
                        acquired or to be acquired by the local 
                        organization for such reservoir or other area; 
                        and
                            ``(ii) minimum basic facilities needed for 
                        public health and safety, access to, and use of 
                        such reservoir or other area for such purposes.
                    ``(B) Recreational development.--
                            ``(i) Conditions.--The Secretary may 
                        participate in recreational development in any 
                        watershed project under subparagraph (A) only 
                        to the extent that the need for the 
                        recreational development is demonstrated in 
                        accordance with standards established by the 
                        Secretary--
                                    ``(I) taking into account the 
                                anticipated man-days of use of the 
                                projected recreational development; and
                                    ``(II) giving consideration to the 
                                availability within the region of 
                                existing water-based outdoor 
                                recreational developments.
                            ``(ii) Limitations.--The Secretary may 
                        participate in--
                                    ``(I) not more than 1 recreational 
                                development in a watershed project 
                                containing less than 75,000 acres;
                                    ``(II) not more than 2 recreational 
                                developments in a watershed project 
                                containing--
                                            ``(aa) not less than 75,000 
                                        acres; and
                                            ``(bb) not more than 
                                        150,000 acres; or
                                    ``(III) not more than 3 
                                recreational developments in a 
                                watershed project containing more than 
                                150,000 acres.
            ``(2) Advance payments.--If the Secretary and a local 
        organization have agreed that the immediate acquisition by the 
        local organization of land, easements, or rights-of-way is 
        advisable for the preservation of sites for works of 
        improvement included in a plan from encroachment by 
        residential, commercial, industrial, or other development--
                    ``(A) the Secretary may advance to the local 
                organization from funds appropriated for construction 
                of works of improvement the amounts required for the 
                acquisition of such land, easements, or rights-of-way; 
                and
                    ``(B) except where such costs are to be borne by 
                the Secretary, such advance shall be repaid by the 
                local organization, with interest, prior to 
                construction of the works of improvement, for credit to 
                such construction funds.
            ``(3) Mitigation of fish and wildlife habitat losses.--
                    ``(A) In general.--The Secretary may bear an amount 
                not to exceed 50 percent of the costs of the land, 
                easements, or rights-of-way acquired or to be acquired 
                by a local organization for mitigation of fish and 
                wildlife habitat losses.
                    ``(B) Outside boundaries.--An acquisition under 
                subparagraph (A) shall not be limited to the confines 
                of the watershed project boundaries.
    ``(c) Future Demands.--
            ``(1) In general.--The Secretary shall require, as a 
        condition of providing Federal assistance for the installation 
        of works of improvement, that--
                    ``(A) the cost of water storage to meet future 
                demands may not exceed 30 percent of the total 
                estimated cost of the reservoir structure; and
                    ``(B) the local organization shall give reasonable 
                assurances, and provide evidence, that such demands for 
                the use of such storage will be made within a period of 
                time which will permit repayment within the life of the 
                reservoir structure of the cost of such storage.
            ``(2) Assurances.--The Secretary shall determine prior to 
        initiation of construction or modification of any reservoir 
        structure including water supply storage that there are 
        adequate assurances by the local organization or by an agency 
        of the State having authority to give such assurances, that--
                    ``(A) the Secretary will be reimbursed the cost of 
                water supply storage for anticipated future demands; 
                and
                    ``(B) the local organization will pay not less than 
                50 percent of the cost of storage for present water 
                supply demands.
            ``(3) Repayment.--
                    ``(A) In general.--The cost to be borne by the 
                local organization for anticipated future demands may 
                be repaid within the life of the reservoir structure 
                but in no event to exceed 50 years after the reservoir 
                structure is first used for the storage of water for 
                anticipated future water supply demands, except that--
                            ``(i) no reimbursement of the cost of such 
                        water supply storage for anticipated future 
                        demands need be made until such supply is first 
                        used; and
                            ``(ii) no interest shall be charged on the 
                        cost of such water supply storage for 
                        anticipated future demands until such supply is 
                        first used, but in no case shall the interest-
                        free period exceed 10 years.
                    ``(B) Interest rate.--The interest rate used for 
                purposes of computing the interest on the unpaid 
                balance under subparagraph (A)(ii) shall be determined 
                in accordance with section 12.
    ``(d) Condition of Funds.--Nothing in this Act shall be construed 
to supersede or in any manner affect or conflict with State water law, 
Federal water law, interstate compacts, or treaty obligations.''.

SEC. 10. CONTRACT SERVICES.

    The Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 
et seq.) is amended by inserting after section 7 (as added by section 
9) the following:

``SEC. 8. CONTRACT SERVICES.

    ``(a) In General.--
            ``(1) Securing services.--A local organization may secure 
        services, including for the planning, design, preparation of 
        contracts and specifications, awarding of contracts, and 
        supervision of construction, in connection with works of 
        improvement, if--
                    ``(A) the Secretary and the interested local 
                organization have agreed on a plan for the works of 
                improvement;
                    ``(B) the Secretary, in consultation with the 
                delegated authority under section 3(c), has determined 
                that the benefits exceed the costs, except that the 
                benefits of fish and wildlife habitat or water quality 
                improvement shall not be required to be monetized to be 
                considered against costs;
                    ``(C) the local organization has met the 
                requirements for participation in carrying out the 
                works of improvement described in section 7; and
                    ``(D) the Secretary, in consultation with the 
                delegated authority under section 3(c), has determined 
                that the services are satisfactory, based on the works 
                of improvement.
            ``(2) Services provided by the secretary.--The Secretary 
        may provide services under paragraph (1) on request by the 
        local organization, with priority given to multibenefit works 
        of improvement.
            ``(3) Reimbursement.--If the local organization elects to 
        secure services under paragraph (1), the Secretary shall 
        reimburse the local organization for the costs charged for work 
        in an amount not to exceed the amount agreed upon in the plan 
        for works of improvement or any modification thereof.
            ``(4) Advance payments.--
                    ``(A) In general.--The Secretary may advance such 
                amounts as may be necessary to pay for services 
                described in paragraph (1).
                    ``(B) Limitations.--Advances under subparagraph (A) 
                shall not exceed--
                            ``(i) in the case of a work of improvement 
                        for flood prevention or drought resiliency, 5 
                        percent of the estimated installation cost of 
                        the work of improvement; and
                            ``(ii) in the case of a work of improvement 
                        the primary purpose of which is fish and 
                        wildlife habitat or water quality improvement, 
                        75 percent of the estimated installation cost 
                        of the work of improvement.
    ``(b) Construction of Structures.--
            ``(1) In general.--Except as to the installation of works 
        of improvement on Federal land and as provided in paragraph 
        (2), the Secretary shall not construct or enter into any 
        contract for the construction of any structure.
            ``(2) Requests of local organization.--The Secretary may 
        enter into a contract for the construction of structures on 
        request of a local organization.''.

SEC. 11. MAXIMUM LOAN AMOUNT.

    Section 12 of the Watershed Protection and Flood Prevention Act (16 
U.S.C. 1001 et seq.) (as redesignated by section 7(b)) is amended, in 
the third sentence, by striking ``five million dollars'' and inserting 
``$10,000,000''.

SEC. 12. DATA.

    Section 14 of the Watershed Protection and Flood Prevention Act (16 
U.S.C. 1001 et seq.) (as redesignated by section 7(b)) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``collect and maintain'' and inserting ``collect, maintain, and 
        publish on the website of the Department of Agriculture'';
            (2) in paragraph (1), by striking ``control and 
        conservation'' and inserting ``control, conservation, and 
        drought resilience''; and
            (3) by striking paragraph (2) and inserting the following:
            ``(2) expenditures for--
                    ``(A) improvement in the condition of a natural 
                feature that increases fish or wildlife habitat, 
                reduces drought impact, or reduces flood-risk;
                    ``(B) improvement in water quality;
                    ``(C) water conservation;
                    ``(D) improvement to instream flow;
                    ``(E) enhanced fish passage or reduction in fish 
                entrainment;
                    ``(F) permanent protection of a natural feature; 
                and
                    ``(G) off-channel renewable energy production.''.
                                 <all>