I 

118TH CONGRESS 

1ST SESSION H. R. 6497 

To amend the Watershed Protection and Flood Prevention Act to improve 

that Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 29, 2023 

Mr. CISCOMANI (for himself, Mr. NEGUSE, Ms. CARAVEO, Ms. PETTERSEN, 

Ms. HAGEMAN, and Mr. FLOOD) introduced the following bill; which was 

referred to the Committee on Agriculture 

A BILL 

To amend the Watershed Protection and Flood Prevention 

Act to improve that Act, 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 ‘‘Healthy Watersheds, 

5 Healthy Communities Act of 2023’’. 

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

7 The first section of the Watershed Protection and 

8 Flood Prevention Act (16 U.S.C. 1001) is amended to 

9 read as follows: 


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1 ‘‘SEC. 1. SHORT TITLE; FINDINGS; DECLARATION OF POL2 ICY. 

3 ‘‘(a) SHORT TITLE.—This Act may be cited as the 

4 ‘Watershed Protection and Flood Prevention Act’. 

5 ‘‘(b) FINDINGS.—Congress finds that erosion, flood6 water, drought, and sediment damages in the watersheds 

7 of the rivers and streams of the United States cause loss 

8 of life, declines in agricultural production, harm to fish, 

9 birds, wildlife, and recreation opportunities, and damage 

10 to property, thereby constituting a menace to the national 

11 welfare. 

12 ‘‘(c) SENSE OF CONGRESS.—It is the sense of Con13 gress that the Federal Government should cooperate with 

14 States and political subdivisions of States, Tribal organi15 zations described in section 2(2)(C), insular areas (as de16 fined in section 1404 of the National Agricultural Re17 search, Extension, and Teaching Policy Act of 1977 (7 

18 U.S.C. 3103)), soil or water conservation districts, flood 

19 prevention or control districts, irrigation districts or simi20 lar entities, nonprofit organizations, and other local public 

21 agencies for the purposes of— 

22 ‘‘(1) preventing the damages described in sub23 section (b); 

24 ‘‘(2) furthering the conservation, development, 

25 utilization, and disposal of water, and the conserva26 tion and utilization of land; and 


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1 ‘‘(3) thereby preserving, protecting, and improv2 ing land and water resources and the quality of the 

3 environment.’’. 

4 SEC. 3. DEFINITIONS. 

5 Section 2 of the Watershed Protection and Flood 

6 Prevention Act (16 U.S.C. 1002) is amended to read as 

7 follows: 

8 ‘‘SEC. 2. DEFINITIONS. 

9 ‘‘In this Act: 

10 ‘‘(1) IRRIGATION EFFICIENCY.—The term ‘irri11 gation efficiency’ means a reduction in the quantity 

12 of non-consumed water diverted at a source for irri13 gation purposes, consistent with State water law. 

14 ‘‘(2) LOCAL ORGANIZATION.—The term ‘local 

15 organization’ means— 

16 ‘‘(A)(i) any State, political subdivision of a 

17 State, soil or water conservation district, flood 

18 prevention or control district, or combination 

19 thereof; or 

20 ‘‘(ii) any other governmental agency having 

21 authority under State law to carry out, main22 tain, and operate a work of improvement; 

23 ‘‘(B) any irrigation district or reservoir 

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1 ty, or nongovernmental organization that is not 

2 being operated for profit, with— 

3 ‘‘(i) the capacity to engage in the 

4 planning or implementation of land treat5 ment and related conservation measures; 

6 or 

7 ‘‘(ii) the authority to construct and 

8 maintain structural measures; or 

9 ‘‘(C) any Indian Tribe or Tribal organiza10 tion (as those terms are defined in section 4 of 

11 the Indian Self-Determination and Education 

12 Assistance Act (25 U.S.C. 5304)) having au13 thority under Federal, State, or Indian Tribal 

14 law to carry out, maintain, and operate a work 

15 of improvement. 

16 ‘‘(3) MULTIBENEFIT WORK OF IMPROVE17 MENT.—The term ‘multibenefit work of improve18 ment’ means a work of improvement, including irri19 gation efficiency, flood-damage reduction, water 

20 management, or watershed protection, that provides 

21 2 or more of the following public benefits: 

22 ‘‘(A) Improvement in the condition of a 

23 natural feature that increases fish or wildlife 

24 habitat, reduces drought impact, or reduces 

25 flood-risk. 


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1 ‘‘(B) Improvement in water quality. 

2 ‘‘(C) Water conservation. 

3 ‘‘(D) Improvement to instream flow. 

4 ‘‘(E) Enhanced fish passage or reduction 

5 in fish entrainment. 

6 ‘‘(F) Permanent protection of a natural 

7 feature. 

8 ‘‘(G) Off-channel renewable energy produc9 tion. 

10 ‘‘(4) NATURAL FEATURE.—The term ‘natural 

11 feature’ means a feature that is created through the 

12 action of physical, geological, biological, and natural 

13 chemical processes over time. 

14 ‘‘(5) SECRETARY.—The term ‘Secretary’ means 

15 the Secretary of Agriculture. 

16 ‘‘(6) WATER CONSERVATION.—The term ‘water 

17 conservation’ means a reduction in total annual con18 sumptive water use compared to total annual con19 sumptive water use before a work of improvement is 

20 carried out under this Act. 

21 ‘‘(7) WATER MANAGEMENT.—The term ‘water 

22 management’ means any project or activity carried 

23 out to increase the efficiency of water use, transfer, 

24 diversion, or conveyance. 

25 ‘‘(8) WORK OF IMPROVEMENT.— 


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1 ‘‘(A) IN GENERAL.—The term ‘work of im2 provement’ means any undertaking carried out 

3 in a watershed or subwatershed area not ex4 ceeding 250,000 acres (including on Federal 

5 land necessary to accomplish the purposes of 

6 the undertaking) for— 

7 ‘‘(i) flood prevention (including struc8 tural and land treatment measures); 

9 ‘‘(ii) the conservation, development, 

10 utilization, and disposal of water; or 

11 ‘‘(iii) the conservation and proper uti12 lization of land. 

13 ‘‘(B) EXCLUSION.—The term ‘work of im14 provement’ does not include any single struc15 ture that provides— 

16 ‘‘(i) more than 12,500 acre-feet of 

17 floodwater detention capacity; and 

18 ‘‘(ii) more than 25,000 acre-feet of 

19 total capacity. 

20 ‘‘(C) REQUIREMENT FOR AGRICULTURE OR

21 CONSERVATION BENEFITS.—Each undertaking 

22 described in subparagraph (A) shall contain 

23 benefits directly related to agriculture or con24 servation, including communities in rural areas 

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1 dated Farm and Rural Development Act (7 

2 U.S.C. 1991(a))), that account for at least 20 

3 percent of the total benefits of the undertaking. 

4 ‘‘(D) CONSOLIDATED PLANNING.—1 or 

5 more subwatersheds, when the subwatersheds 

6 are components of a larger watershed, may be 

7 planned together at the discretion of the local 

8 organization sponsoring the applicable under9 taking.’’. 

10 SEC. 4. ASSISTANCE TO LOCAL ORGANIZATIONS. 

11 Section 3 of the Watershed Protection and Flood 

12 Prevention Act (16 U.S.C. 1003) is amended— 

13 (1) by redesignating subsection (b) as sub14 section (e); 

15 (2) in subsection (a)(6), in the first sentence, 

16 by striking ‘‘occupiers, individually’’ and inserting 

17 the following: ‘‘occupiers in accordance with sub18 section (b). 

19 ‘‘(b) AGREEMENTS WITH LANDOWNERS, OPERA20 TORS, AND OCCUPIERS.— 

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

22 into agreements under subsection (a)(6) with land23 owners, operators, and occupiers, individually’’; 

24 (3) in subsection (b) (as so designated)— 


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1 (A) by striking ‘‘supplemented. Applica2 tions’’ and inserting the following: ‘‘supple3 mented. 

4 ‘‘(2) APPLICATIONS.—Applications’’; 

5 (B) in paragraph (2) (as so designated)— 

6 (i) in the first sentence, by striking 

7 ‘‘such conservation plans’’ and inserting 

8 ‘‘conservation plans described in paragraph 

9 (1)’’; and 

10 (ii) by striking ‘‘such district. In re11 turn’’ and all that follows through ‘‘inter12 est. The portion’’ and inserting the fol13 lowing: ‘‘that district. 

14 ‘‘(3) COST SHARING.— 

15 ‘‘(A) IN GENERAL.—The Secretary may 

16 agree to share the costs of carrying out a work 

17 of improvement, or specific practices and meas18 ures described in such an agreement, if the Sec19 retary determines that cost sharing is appro20 priate and in the public interest.’’; 

21 ‘‘(B) PORTION OF COSTS.—The portion’’; 

22 and 

23 (iii) in subparagraph (B) (as so des24 ignated)— 


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1 (I) by striking ‘‘programs. The 

2 Secretary’’ and inserting the fol3 lowing: ‘‘programs. 

4 ‘‘(4) TERMINATION; MODIFICATIONS.—The Sec5 retary’’; 

6 (C) in paragraph (4) (as so designated)— 

7 (i) in the first sentence, by striking 

8 ‘‘hereunder, as he’’ and inserting ‘‘under 

9 this subsection, as the Secretary’’; and 

10 (ii) by striking ‘‘herein. Notwith11 standing’’ and inserting the following: 

12 ‘‘under this subsection. 

13 ‘‘(5) PRESERVATION OR SURRENDER OF HIS14 TORY.—Notwithstanding’’; and 

15 (D) in paragraph (5) (as so designated)— 

16 (i) by striking ‘‘he’’ and inserting ‘‘the 

17 Secretary’’; 

18 (ii) by striking ‘‘paragraph’’ and in19 serting ‘‘subsection’’; 

20 (iii) by striking ‘‘hereunder for (1) 

21 preservation’’ and inserting the following: 

22 ‘‘under this paragraph for— 

23 ‘‘(A) preservation’’; and 

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1 render’’ and inserting the following: ‘‘crop; 

2 or 

3 ‘‘(B) surrender’’; 

4 (4) by inserting after subsection (b) (as so des5 ignated) the following: 

6 ‘‘(c) DELEGATION OF AUTHORITIES.—The Secretary 

7 shall delegate final decision-making authority to the State 

8 Conservationist, or the agency having that responsibility, 

9 of the State in which the work of improvement is located 

10 for the determination of when the watershed plan for a 

11 work of improvement shall be released for final public 

12 comment. 

13 ‘‘(d) DEADLINE FOR APPROVAL OR DISAPPROVAL.— 

14 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

15 not later than 45 days after the date on which an 

16 application for a work of improvement is submitted 

17 to the Secretary, the Secretary shall approve or dis18 approve the application. 

19 ‘‘(2) EXTENSIONS.—The Secretary may extend 

20 the deadline described in paragraph (1) by 45 days, 

21 if necessary.’’; 

22 (5) in subsection (e) (as so redesignated)— 

23 (A) in the matter preceding paragraph 

24 (1)— 


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1 (i) by inserting ‘‘or the delegated au2 thority under subsection (c)’’ after ‘‘The 

3 Secretary’’; and 

4 (ii) by inserting ‘‘or the delegated au5 thority’’ after ‘‘if the Secretary’’; and 

6 (B) in paragraph (2), by striking ‘‘section 

7 4’’ and inserting ‘‘section 7’’; and 

8 (6) by adding at the end the following: 

9 ‘‘(f) APPROVAL OF PLANS THAT IMPROVE THE CON10 DITION OF A NATURAL FEATURE.—Notwithstanding sub11 section (a)(3), the Secretary may approve a plan for a 

12 multibenefit work of improvement, regardless of the ratio 

13 of costs to benefits of the multibenefit work of improve14 ment. 

15 ‘‘(g) GUARANTEE OF FUNDING FOR CERTAIN CON16 STRUCTION MATERIALS.— 

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2), the Secretary may approve funding under 

19 a work of improvement for construction materials 

20 for pipes to convey water if the Secretary determines 

21 that the construction materials— 

22 ‘‘(A) are fully recyclable; 

23 ‘‘(B) maintain structural integrity for not 

24 less than 100 years; and 


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1 ‘‘(C) are capable of being manufactured 

2 on-site. 

3 ‘‘(2) CONSTRUCTION MATERIALS WITH LESS

4 THAN 100-YEAR STRUCTURAL INTEGRITY.—The Sec5 retary, at the election of a project sponsor and with 

6 the recommendation of the applicable State Con7 servationist of the project sponsor, may approve 

8 funding under a work of improvement for construc9 tion materials for pipes to convey water that do not 

10 meet the criteria described in subparagraphs (A) 

11 through (C) of paragraph (1).’’. 

12 SEC. 5. NOTIFICATION REQUIREMENT. 

13 Section 4 of the Watershed Protection and Flood 

14 Prevention Act (16 U.S.C. 1004) is amended to read as 

15 follows: 

16 ‘‘SEC. 4. NOTIFICATION REQUIREMENT. 

17 ‘‘(a) IN GENERAL.— 

18 ‘‘(1) APPROVAL BY SECRETARY REQUIRED.— 

19 No amounts shall be provided under this Act for any 

20 plan for a work of improvement involving an esti21 mated Federal contribution to construction costs in 

22 excess of $50,000,000, or that includes any struc23 ture that provides more than 2,500 acre-feet of total 

24 capacity, unless the Secretary has approved the work 

25 of improvement. 


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1 ‘‘(2) NOTICE.—Except in the case of a flood 

2 prevention project described in subsection (b), not 

3 less than 60 days before approving a plan described 

4 in paragraph (1), the Secretary shall provide to the 

5 Committee on Agriculture, Nutrition, and Forestry 

6 of the Senate and the Committee on Agriculture of 

7 the House of Representatives a notice of the ap8 proval, including a description of the justification for 

9 the approval and a copy of the plan. 

10 ‘‘(b) FLOOD PREVENTION PROJECTS.— 

11 ‘‘(1) PROJECTS LESS THAN 4,000 ACRE-FEET OF

12 CAPACITY.—In the case of any plan for a flood pre13 vention project under this Act involving no single 

14 structure providing more than 4,000 acre-feet of 

15 total capacity, not less than 60 days before approv16 ing a plan described in subsection (a)(1), the Sec17 retary shall provide to the Committee on Agri18 culture, Nutrition, and Forestry of the Senate and 

19 the Committee on Agriculture of the House of Rep20 resentatives a notice of the approval, including a de21 scription of the justification for the approval and a 

22 copy of the plan. 

23 ‘‘(2) PROJECTS MORE THAN 4,000 ACRE-FEET

24 OF CAPACITY.—In the case of any plan for a flood 

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1 gle structure providing more than 4,000 acre-feet of 

2 total capacity, not less than 60 days before approv3 ing a plan described in subsection (a)(1), the Sec4 retary shall provide to the Committee on Environ5 ment and Public Works of the Senate and the Com6 mittee on Transportation and Infrastructure of the 

7 House of Representatives a notice of the approval, 

8 including a description of the justification for the 

9 approval and a copy of the plan. 

10 ‘‘(c) WATERSHED OR SUBWATERSHED AREAS.—If 

11 the estimated Federal contribution to the construction 

12 cost of works of improvement in the plan for any water13 shed or subwatershed area exceeds $50,000,000 or in14 cludes any structure that provides more than 2,500 acre15 feet of total capacity, the Secretary shall provide a copy 

16 of the plan and a justification for the plan to— 

17 ‘‘(1) the Committee on Agriculture, Nutrition, 

18 and Forestry of the Senate and the Committee on 

19 Agriculture of the House of Representatives, if the 

20 plan includes no single structure providing more 

21 than 4,000 acre-feet of total capacity; or 

22 ‘‘(2) the Committee on Environment and Public 

23 Works of the Senate and the Committee on Trans24 portation and Infrastructure of the House of Rep25 resentatives, if the plan includes any single structure 


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1 providing more than 4,000 acre-feet of total capac2 ity.’’. 

3 SEC. 6. MULTIBENEFIT WORK OF IMPROVEMENT ALLOCA4 TION. 

5 Section 5 of the Watershed Protection and Flood 

6 Prevention Act (16 U.S.C. 1005) is amended to read as 

7 follows: 

8 ‘‘SEC. 5. MULTIBENEFIT WORK OF IMPROVEMENT ALLOCA9 TION. 

10 ‘‘The Secretary shall allocate not less than 50 percent 

11 of the total amount made available under this Act for each 

12 fiscal year for the planning, design, or construction of 

13 multibenefit works of improvement.’’. 

14 SEC. 7. REPEALS; REDESIGNATIONS. 

15 (a) REPEALS.—Sections 9 and 11 of the Watershed 

16 Protection and Flood Prevention Act (16 U.S.C. 1006b; 

17 16 U.S.C. 1001 note; 68 Stat. 668; 70 Stat. 1090) are 

18 repealed. 

19 (b) REDESIGNATIONS.—The Watershed Protection 

20 and Flood Prevention Act is amended by redesignating 

21 sections 3A, 6, 7, 8, 12, 13, 14, and 15 (16 U.S.C. 1003a, 

22 1006; 68 Stat. 668; 16 U.S.C. 1006a, 1008, 1010, 1012, 

23 1012a) as sections 6, 9, 11, 12, 13, 14, 15, and 16, respec24 tively. 

25 (c) CONFORMING AMENDMENTS.— 


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1 (1) Section 515(b)(8)(B) of the Surface Mining 

2 Control and Reclamation Act of 1977 (30 U.S.C. 

3 1265(b)(8)(B)) is amended by striking ‘‘Public Law 

4 83–566 (16 U.S.C. 1006)’’ and inserting ‘‘section 9 

5 of the Watershed Protection and Flood Prevention 

6 Act’’. 

7 (2) Section 1211(a)(3)(D) of the Food Security 

8 Act of 1985 (16 U.S.C. 3811(a)(3)(D)) is amend9 ed— 

10 (A) by striking ‘‘or 8’’; 

11 (B) by striking ‘‘and 1006a’’; and 

12 (C) by inserting ‘‘or section 12 of that 

13 Act’’ before the period at the end. 

14 (3) Section 1221(b)(3)(D) of the Food Security 

15 Act of 1985 (16 U.S.C. 3821(b)(3)(D)) is amend16 ed— 

17 (A) by striking ‘‘or 8’’; 

18 (B) by striking ‘‘and 1006a’’; and 

19 (C) by inserting ‘‘or section 12 of that 

20 Act’’ before the period at the end. 

21 (4) Section 1271A(1)(F) of the Food Security 

22 Act of 1985 (16 U.S.C. 3871a(1)(F)) is amended by 

23 striking ‘‘section 14 (16 U.S.C. 1012) of that Act’’ 

24 and inserting ‘‘section 15 of that Act’’. 


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1 (5) Section 10 of the Watershed Protection and 

2 Flood Prevention Act (16 U.S.C. 1007) is amended, 

3 in the second sentence, by striking ‘‘provisions of 

4 section 3 or clause (a) of section 8 of this Act’’ and 

5 inserting ‘‘section 3 or subsection (a) of the first 

6 sentence of section 12’’. 

7 SEC. 8. COST SHARE ASSISTANCE. 

8 Section 6 of the Watershed Protection and Flood 

9 Prevention Act (16 U.S.C. 1001 et seq.) (as redesignated 

10 by section 7(b)) is amended— 

11 (1) in subsection (a), by inserting ‘‘, as deter12 mined by the Secretary,’’ after ‘‘assistance’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(c) TREATMENT OF OTHER FEDERAL FUNDS FOR

15 WORKS OF IMPROVEMENT.—Any funds provided for a 

16 work of improvement through any Federal department or 

17 agency other than the Department of Agriculture shall be 

18 considered to be part of the non-Federal share of the cost 

19 of the work of improvement provided by the sponsor of 

20 the work of improvement.’’. 

21 SEC. 9. CONDITIONS FOR FEDERAL ASSISTANCE. 

22 The Watershed Protection and Flood Prevention Act 

23 (16 U.S.C. 1001 et seq.) is amended by inserting after 

24 section 6 (as redesignated by section 7(b)) the following: 


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1 ‘‘SEC. 7. CONDITIONS FOR FEDERAL ASSISTANCE. 

2 ‘‘(a) IN GENERAL.—The Secretary shall require, as 

3 a condition of providing Federal assistance for the instal4 lation of a work of improvement, that a local organization 

5 sponsoring the work of improvement shall— 

6 ‘‘(1) acquire, or, with respect to interests in 

7 land to be acquired by condemnation, provide assur8 ances satisfactory to the Secretary that they will ac9 quire, without cost to the Federal Government from 

10 funds appropriated for the purposes of this Act (ex11 cept as provided in subsection (b)), such land, ease12 ments, or rights-of-way as will be needed in connec13 tion with works of improvement installed with Fed14 eral assistance; 

15 ‘‘(2) make arrangements satisfactory to the 

16 Secretary for defraying costs of operating and main17 taining such works of improvement, in accordance 

18 with regulations presented by the Secretary; 

19 ‘‘(3) acquire, or provide assurance that land20 owners or water users have acquired, such water 

21 rights, pursuant to State law, as may be needed in 

22 the installation and operation of the work of im23 provement; 

24 ‘‘(4) obtain agreements to carry out rec25 ommended soil conservation measures and proper 

26 farm plans from owners of not less than 50 percent 


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1 of the land situated in the drainage area above each 

2 retention reservoir to be installed with Federal as3 sistance; and 

4 ‘‘(5) submit a plan of repayment satisfactory to 

5 the Secretary for any loan or advancement made 

6 under section 12. 

7 ‘‘(b) COST SHARE OR ADVANCE PAYMENTS FOR CER8 TAIN ACTIVITIES.— 

9 ‘‘(1) PUBLIC FISH AND WILDLIFE OR REC10 REATIONAL DEVELOPMENT.— 

11 ‘‘(A) IN GENERAL.—If a local organization 

12 agrees to operate and maintain any reservoir or 

13 other area included in a plan for public fish and 

14 wildlife or recreational development, the Sec15 retary shall not bear more than 50 percent of 

16 the costs of— 

17 ‘‘(i) the land, easements, or rights-of18 way acquired or to be acquired by the local 

19 organization for such reservoir or other 

20 area; and 

21 ‘‘(ii) minimum basic facilities needed 

22 for public health and safety, access to, and 

23 use of such reservoir or other area for such 

24 purposes. 

25 ‘‘(B) RECREATIONAL DEVELOPMENT.— 


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1 ‘‘(i) CONDITIONS.—The Secretary 

2 may participate in recreational develop3 ment in any watershed project under sub4 paragraph (A) only to the extent that the 

5 need for the recreational development is 

6 demonstrated in accordance with standards 

7 established by the Secretary— 

8 ‘‘(I) taking into account the an9 ticipated man-days of use of the pro10 jected recreational development; and 

11 ‘‘(II) giving consideration to the 

12 availability within the region of exist13 ing water-based outdoor recreational 

14 developments. 

15 ‘‘(ii) LIMITATIONS.—The Secretary 

16 may participate in— 

17 ‘‘(I) not more than 1 recreational 

18 development in a watershed project 

19 containing less than 75,000 acres; 

20 ‘‘(II) not more than 2 rec21 reational developments in a watershed 

22 project containing— 

23 ‘‘(aa) not less than 75,000 

24 acres; and 


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1 ‘‘(bb) not more than 

2 150,000 acres; or 

3 ‘‘(III) not more than 3 rec4 reational developments in a watershed 

5 project containing more than 150,000 

6 acres. 

7 ‘‘(2) ADVANCE PAYMENTS.—If the Secretary 

8 and a local organization have agreed that the imme9 diate acquisition by the local organization of land, 

10 easements, or rights-of-way is advisable for the pres11 ervation of sites for works of improvement included 

12 in a plan from encroachment by residential, commer13 cial, industrial, or other development— 

14 ‘‘(A) the Secretary may advance to the 

15 local organization from funds appropriated for 

16 construction of works of improvement the 

17 amounts required for the acquisition of such 

18 land, easements, or rights-of-way; and 

19 ‘‘(B) except where such costs are to be 

20 borne by the Secretary, such advance shall be 

21 repaid by the local organization, with interest, 

22 prior to construction of the works of improve23 ment, for credit to such construction funds. 

24 ‘‘(3) MITIGATION OF FISH AND WILDLIFE HABI25 TAT LOSSES.— 


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1 ‘‘(A) IN GENERAL.—The Secretary may 

2 bear an amount not to exceed 50 percent of the 

3 costs of the land, easements, or rights-of-way 

4 acquired or to be acquired by a local organiza5 tion for mitigation of fish and wildlife habitat 

6 losses. 

7 ‘‘(B) OUTSIDE BOUNDARIES.—An acquisi8 tion under subparagraph (A) shall not be lim9 ited to the confines of the watershed project 

10 boundaries. 

11 ‘‘(c) FUTURE DEMANDS.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall re13 quire, as a condition of providing Federal assistance 

14 for the installation of works of improvement, that— 

15 ‘‘(A) the cost of water storage to meet fu16 ture demands may not exceed 30 percent of the 

17 total estimated cost of the reservoir structure; 

18 and 

19 ‘‘(B) the local organization shall give rea20 sonable assurances, and provide evidence, that 

21 such demands for the use of such storage will 

22 be made within a period of time which will per23 mit repayment within the life of the reservoir 

24 structure of the cost of such storage. 


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1 ‘‘(2) ASSURANCES.—The Secretary shall deter2 mine prior to initiation of construction or modifica3 tion of any reservoir structure including water sup4 ply storage that there are adequate assurances by 

5 the local organization or by an agency of the State 

6 having authority to give such assurances, that— 

7 ‘‘(A) the Secretary will be reimbursed the 

8 cost of water supply storage for anticipated fu9 ture demands; and 

10 ‘‘(B) the local organization will pay not 

11 less than 50 percent of the cost of storage for 

12 present water supply demands. 

13 ‘‘(3) REPAYMENT.— 

14 ‘‘(A) IN GENERAL.—The cost to be borne 

15 by the local organization for anticipated future 

16 demands may be repaid within the life of the 

17 reservoir structure but in no event to exceed 50 

18 years after the reservoir structure is first used 

19 for the storage of water for anticipated future 

20 water supply demands, except that— 

21 ‘‘(i) no reimbursement of the cost of 

22 such water supply storage for anticipated 

23 future demands need be made until such 

24 supply is first used; and 


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1 ‘‘(ii) no interest shall be charged on 

2 the cost of such water supply storage for 

3 anticipated future demands until such sup4 ply is first used, but in no case shall the 

5 interest-free period exceed 10 years. 

6 ‘‘(B) INTEREST RATE.—The interest rate 

7 used for purposes of computing the interest on 

8 the unpaid balance under subparagraph (A)(ii) 

9 shall be determined in accordance with section 

10 12. 

11 ‘‘(d) CONDITION OF FUNDS.—Nothing in this Act 

12 shall be construed to supersede or in any manner affect 

13 or conflict with State water law, Federal water law, inter14 state compacts, or treaty obligations.’’. 

15 SEC. 10. CONTRACT SERVICES. 

16 The Watershed Protection and Flood Prevention Act 

17 (16 U.S.C. 1001 et seq.) is amended by inserting after 

18 section 7 (as added by section 9) the following: 

19 ‘‘SEC. 8. CONTRACT SERVICES. 

20 ‘‘(a) IN GENERAL.— 

21 ‘‘(1) SECURING SERVICES.—A local organiza22 tion may secure services, including for the planning, 

23 design, preparation of contracts and specifications, 

24 awarding of contracts, and supervision of construc25 tion, in connection with works of improvement, if— 


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1 ‘‘(A) the Secretary and the interested local 

2 organization have agreed on a plan for the 

3 works of improvement; 

4 ‘‘(B) the Secretary, in consultation with 

5 the delegated authority under section 3(c), has 

6 determined that the benefits exceed the costs, 

7 except that the benefits of fish and wildlife 

8 habitat or water quality improvement shall not 

9 be required to be monetized to be considered 

10 against costs; 

11 ‘‘(C) the local organization has met the re12 quirements for participation in carrying out the 

13 works of improvement described in section 7; 

14 and 

15 ‘‘(D) the Secretary, in consultation with 

16 the delegated authority under section 3(c), has 

17 determined that the services are satisfactory, 

18 based on the works of improvement. 

19 ‘‘(2) SERVICES PROVIDED BY THE SEC20 RETARY.—The Secretary may provide services under 

21 paragraph (1) on request by the local organization, 

22 with priority given to multibenefit works of improve23 ment. 

24 ‘‘(3) REIMBURSEMENT.—If the local organiza25 tion elects to secure services under paragraph (1), 


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1 the Secretary shall reimburse the local organization 

2 for the costs charged for work in an amount not to 

3 exceed the amount agreed upon in the plan for 

4 works of improvement or any modification thereof. 

5 ‘‘(4) ADVANCE PAYMENTS.— 

6 ‘‘(A) IN GENERAL.—The Secretary may 

7 advance such amounts as may be necessary to 

8 pay for services described in paragraph (1). 

9 ‘‘(B) LIMITATIONS.—Advances under sub10 paragraph (A) shall not exceed— 

11 ‘‘(i) in the case of a work of improve12 ment for flood prevention or drought resil13 iency, 5 percent of the estimated installa14 tion cost of the work of improvement; and 

15 ‘‘(ii) in the case of a work of improve16 ment the primary purpose of which is fish 

17 and wildlife habitat or water quality im18 provement, 75 percent of the estimated in19 stallation cost of the work of improvement. 

20 ‘‘(b) CONSTRUCTION OF STRUCTURES.— 

21 ‘‘(1) IN GENERAL.—Except as to the installa22 tion of works of improvement on Federal land and 

23 as provided in paragraph (2), the Secretary shall not 

24 construct or enter into any contract for the con25 struction of any structure. 


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1 ‘‘(2) REQUESTS OF LOCAL ORGANIZATION.— 

2 The Secretary may enter into a contract for the con3 struction of structures on request of a local organi4 zation.’’. 

5 SEC. 11. MAXIMUM LOAN AMOUNT. 

6 Section 12 of the Watershed Protection and Flood 

7 Prevention Act (16 U.S.C. 1001 et seq.) (as redesignated 

8 by section 7(b)) is amended, in the third sentence, by 

9 striking ‘‘five million dollars’’ and inserting 

10 ‘‘$10,000,000’’. 

11 SEC. 12. DATA. 

12 Section 14 of the Watershed Protection and Flood 

13 Prevention Act (16 U.S.C. 1001 et seq.) (as redesignated 

14 by section 7(b)) is amended— 

15 (1) in the matter preceding paragraph (1), by 

16 striking ‘‘collect and maintain’’ and inserting ‘‘col17 lect, maintain, and publish on the website of the De18 partment of Agriculture’’; 

19 (2) in paragraph (1), by striking ‘‘control and 

20 conservation’’ and inserting ‘‘control, conservation, 

21 and drought resilience’’; and 

22 (3) by striking paragraph (2) and inserting the 

23 following: 

24 ‘‘(2) expenditures for— 


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1 ‘‘(A) improvement in the condition of a 

2 natural feature that increases fish or wildlife 

3 habitat, reduces drought impact, or reduces 

4 flood-risk; 

5 ‘‘(B) improvement in water quality; 

6 ‘‘(C) water conservation; 

7 ‘‘(D) improvement to instream flow; 

8 ‘‘(E) enhanced fish passage or reduction in 

9 fish entrainment; 

10 ‘‘(F) permanent protection of a natural 

11 feature; and 

12 ‘‘(G) off-channel renewable energy produc13 tion.’’. 

Æ 


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