II 

118TH CONGRESS 

2D SESSION S. 3760 

To amend the Agricultural Credit Act of 1978 to authorize the Secretary 

of Agriculture to carry out emergency watershed protection measures 

on National Forest System land, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 7, 2024 

Mr. BENNET (for himself and Mr. ROMNEY) introduced the following bill; 

which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To amend the Agricultural Credit Act of 1978 to authorize 

the Secretary of Agriculture to carry out emergency watershed protection measures on National Forest System 

land, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Watershed Protection 

5 and Forest Recovery Act of 2024’’. 

6 SEC. 2. EMERGENCY FOREST WATERSHED PROGRAM. 

7 (a) FUNDING AND ADMINISTRATION.—Section 

8 404(b) of the Agricultural Credit Act of 1978 (16 U.S.C. 


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1 2204(b)) is amended by inserting ‘‘to carry out section 

2 401’’ after ‘‘for a fiscal year’’. 

3 (b) EMERGENCY FOREST WATERSHED PROGRAM.— 

4 Title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 

5 2201 et seq.) is amended by adding at the end the fol6 lowing: 

7 ‘‘SEC. 408. EMERGENCY FOREST WATERSHED PROGRAM. 

8 ‘‘(a) DEFINITIONS.—In this section: 

9 ‘‘(1) EMERGENCY WATERSHED PROTECTION

10 MEASURES.—The term ‘emergency watershed pro11 tection measures’ means measures that— 

12 ‘‘(A) are necessary to address runoff retar13 dation, soil-erosion prevention, and flood miti14 gation caused by a natural disaster or any other 

15 natural occurrence that has caused a sudden 

16 impairment to natural resources on National 

17 Forest System land, and the damage, if not 

18 treated— 

19 ‘‘(i) would significantly impair or en20 danger the natural resources on the Na21 tional Forest System land; and 

22 ‘‘(ii) would pose an immediate risk to 

23 water resources or loss of life or property 

24 downstream of the National Forest System 

25 land; and 


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1 ‘‘(B) would maintain or restore forest 

2 health and forest-related resources on the Na3 tional Forest System land. 

4 ‘‘(2) NATURAL DISASTER.—The term ‘natural 

5 disaster’ has the meaning given the term in section 

6 407(a). 

7 ‘‘(3) SECRETARY.—The term ‘Secretary’ means 

8 the Secretary, acting through the Chief of the For9 est Service. 

10 ‘‘(4) SPONSOR.—The term ‘sponsor’ means— 

11 ‘‘(A) a State or local government; 

12 ‘‘(B) an Indian Tribe (as defined in section 

13 4 of the Indian Self-Determination and Edu14 cation Assistance Act (25 U.S.C. 5304)); and 

15 ‘‘(C) a water district, water conservation 

16 district, water utility, or special district. 

17 ‘‘(b) AUTHORIZATION.—The Secretary, acting 

18 through a sponsor, is authorized to undertake emergency 

19 watershed protection measures on National Forest System 

20 land. 

21 ‘‘(c) AGREEMENTS; PAYMENTS.— 

22 ‘‘(1) IN GENERAL.—The Secretary may enter 

23 into an agreement with a sponsor and make pay24 ments to the sponsor, on request of the sponsor, to 

25 carry out emergency watershed protection measures. 


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1 ‘‘(2) REQUIREMENTS.— 

2 ‘‘(A) PROJECT TIMELINES.— 

3 ‘‘(i) IN GENERAL.—Following a nat4 ural disaster or natural occurrence that ne5 cessitates the carrying out of emergency 

6 watershed protection measures, the Sec7 retary shall execute agreements under 

8 paragraph (1) as expeditiously as possible. 

9 ‘‘(ii) TIMELINE.—A sponsor that has 

10 entered into an agreement under para11 graph (1) shall complete all emergency wa12 tershed protection measures not later than 

13 2 years after the conclusion of the applica14 ble natural disaster or natural occurrence, 

15 as determined by the Secretary, that neces16 sitated the carrying out of those measures. 

17 ‘‘(iii) CONTINUED MONITORING.—A 

18 sponsor that has entered into an agree19 ment under paragraph (1) may monitor, 

20 maintain, repair, or replace emergency wa21 tershed protection measures for a period of 

22 not more than 3 years following the con23 clusion of the natural disaster or natural 

24 occurrence, as determined by the Sec25 retary, that necessitated the carrying out 


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1 of those measures when failure to do so 

2 would result in unacceptable risk to Na3 tional Forest System land or downstream 

4 water users. 

5 ‘‘(B) PAYMENTS.—The Secretary, in ac6 cordance with an agreement entered into under 

7 paragraph (1)— 

8 ‘‘(i) may make partial payments prior 

9 to completion of the applicable project; and 

10 ‘‘(ii) shall make final payment for the 

11 project not later than 30 days after the 

12 date on which the project is completed. 

13 ‘‘(d) WAIVED MATCHING REQUIREMENTS.—The Sec14 retary shall waive any matching requirements for pay15 ments made under subsection (c)(1). 

16 ‘‘(e) LIABILITY.— 

17 ‘‘(1) IN GENERAL.—A sponsor that carries out 

18 emergency watershed protection measures pursuant 

19 to an agreement under subsection (c)(1) shall not— 

20 ‘‘(A) be required to indemnify the United 

21 States for any liability resulting from carrying 

22 out emergency watershed protection measures 

23 pursuant to that agreement; or 

24 ‘‘(B) except as provided in paragraph (2), 

25 be liable for injury, loss, or damage resulting 


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1 from carrying out emergency watershed protec2 tion measures pursuant to that agreement. 

3 ‘‘(2) SAVINGS PROVISION.—Nothing in this sub4 section precludes liability for damages or costs relat5 ing to the carrying out of emergency watershed pro6 tection measures by a sponsor pursuant to an agree7 ment entered into under subsection (c)(1) if the 

8 sponsor acted with willful or wanton negligence or 

9 reckless conduct in carrying out those measures. 

10 ‘‘(f) ASSUMPTION OF RISK.—A sponsor that carries 

11 out emergency watershed protection measures prior to en12 tering into an agreement under subsection (c)(1) shall as13 sume the risk of incurring any cost or liability resulting 

14 from carrying out those measures. 

15 ‘‘(g) COORDINATION.—The Chief of the Natural Re16 sources Conservation Service shall coordinate on the use 

17 of funds distributed under this section and section 403. 

18 ‘‘(h) NEPA COMPLIANCE.—Emergency watershed 

19 protection measures carried out pursuant to this section 

20 shall be deemed emergency response actions for purposes 

21 of section 220.4(b)(1) of title 36, Code of Federal Regula22 tions (or a successor regulation).’’. 

Æ 


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