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. 
Be it enacted by the Senate and House of Representa-
tives 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: 
VerDate Sep 11 2014 
04:16 Dec 06, 2023
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6497.IH
H6497
dmwilson on DSKJM0X7X2PROD with BILLS
‘‘SEC. 1. SHORT TITLE; FINDINGS; DECLARATION OF POL-
ICY. 
‘‘(a) SHORT TITLE.—This Act may be cited as the 
‘Watershed Protection and Flood Prevention Act’. 
‘‘(b) FINDINGS.—Congress finds that erosion, flood-
water, 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 Con-
gress that the Federal Government should cooperate with 
States and political subdivisions of States, Tribal organi-
zations described in section 2(2)(C), insular areas (as de-
fined in section 1404 of the National Agricultural Re-
search, 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 simi-
lar entities, nonprofit organizations, and other local public 
agencies for the purposes of— 
‘‘(1) preventing the damages described in sub-
section (b); 
‘‘(2) furthering the conservation, development, 
utilization, and disposal of water, and the conserva-
tion and utilization of land; and 
VerDate Sep 11 2014 
04:16 Dec 06, 2023
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6497.IH
H6497
dmwilson on DSKJM0X7X2PROD with BILLS
‘‘(3) thereby preserving, protecting, and improv-
ing 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 ‘irri-
gation efficiency’ means a reduction in the quantity 
of non-consumed water diverted at a source for irri-
gation 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, main-
tain, and operate a work of improvement; 
‘‘(B) any irrigation district or reservoir 
company, water users’ association, canal com-
pany, ditch association, acequia, or similar enti-
VerDate Sep 11 2014 
04:16 Dec 06, 2023
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6497.IH
H6497
dmwilson on DSKJM0X7X2PROD with BILLS
ty, or nongovernmental organization that is not 
being operated for profit, with— 
‘‘(i) the capacity to engage in the 
planning or implementation of land treat-
ment and related conservation measures; 
or 
‘‘(ii) the authority to construct and 
maintain structural measures; or 
‘‘(C) any Indian Tribe or Tribal organiza-
tion (as those terms are defined in section 4 of 
the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 5304)) having au-
thority under Federal, State, or Indian Tribal 
law to carry out, maintain, and operate a work 
of improvement. 
‘‘(3) 
MULTIBENEFIT
WORK
OF
IMPROVE-
MENT.—The term ‘multibenefit work of improve-
ment’ means a work of improvement, including irri-
gation 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. 
VerDate Sep 11 2014 
04:16 Dec 06, 2023
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6497.IH
H6497
dmwilson on DSKJM0X7X2PROD with BILLS
‘‘(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 produc-
tion. 
‘‘(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 con-
sumptive water use compared to total annual con-
sumptive 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.— 
VerDate Sep 11 2014 
04:16 Dec 06, 2023
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6497.IH
H6497
dmwilson on DSKJM0X7X2PROD with BILLS
‘‘(A) IN GENERAL.—The term ‘work of im-
provement’ means any undertaking carried out 
in a watershed or subwatershed area not ex-
ceeding 250,000 acres (including on Federal 
land necessary to accomplish the purposes of 
the undertaking) for— 
‘‘(i) flood prevention (including struc-
tural and land treatment measures); 
‘‘(ii) the conservation, development, 
utilization, and disposal of water; or 
‘‘(iii) the conservation and proper uti-
lization of land. 
‘‘(B) EXCLUSION.—The term ‘work of im-
provement’ does not include any single struc-
ture 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 con-
servation, including communities in rural areas 
(as defined in section 343(a) of the Consoli-
VerDate Sep 11 2014 
04:16 Dec 06, 2023
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6497.IH
H6497
dmwilson on DSKJM0X7X2PROD with BILLS
dated 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 under-
taking.’’. 
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 sub-
section (e); 
(2) in subsection (a)(6), in the first sentence, 
by striking ‘‘occupiers, individually’’ and inserting 
the following: ‘‘occupiers in accordance with sub-
section (b). 
‘‘(b) AGREEMENTS WITH LANDOWNERS, OPERA-
TORS, AND OCCUPIERS.— 
‘‘(1) IN GENERAL.—The Secretary may enter 
into agreements under subsection (a)(6) with land-
owners, operators, and occupiers, individually’’; 
(3) in subsection (b) (as so designated)— 
VerDate Sep 11 2014 
04:16 Dec 06, 2023
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6497.IH
H6497
dmwilson on DSKJM0X7X2PROD with BILLS
(A) by striking ‘‘supplemented. Applica-
tions’’ and inserting the following: ‘‘supple-
mented. 
‘‘(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 re-
turn’’ and all that follows through ‘‘inter-
est. The portion’’ and inserting the fol-
lowing: ‘‘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 meas-
ures described in such an agreement, if the Sec-
retary determines that cost sharing is appro-
priate and in the public interest.’’; 
‘‘(B) PORTION OF COSTS.—The portion’’; 
and 
(iii) in subparagraph (B) (as so des-
ignated)— 
VerDate Sep 11 2014 
04:16 Dec 06, 2023
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6497.IH
H6497
dmwilson on DSKJM0X7X2PROD with BILLS
(I) by striking ‘‘programs. The 
Secretary’’ and inserting the fol-
lowing: ‘‘programs. 
‘‘(4) TERMINATION; MODIFICATIONS.—The Sec-
retary’’; 
(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. Notwith-
standing’’ and inserting the following: 
‘‘under this subsection. 
‘‘(5) PRESERVATION OR SURRENDER OF HIS-
TORY.—Notwithstanding’’; and 
(D) in paragraph (5) (as so designated)— 
(i) by striking ‘‘he’’ and inserting ‘‘the 
Secretary’’; 
(ii) by striking ‘‘paragraph’’ and in-
serting ‘‘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 des-
ignated), by striking ‘‘crop; or (2) sur-
VerDate Sep 11 2014 
04:16 Dec 06, 2023
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6497.IH
H6497
dmwilson on DSKJM0X7X2PROD with BILLS
render’’ and inserting the following: ‘‘crop; 
or 
‘‘(B) surrender’’; 
(4) by inserting after subsection (b) (as so des-
ignated) 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 dis-
approve 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)— 
VerDate Sep 11 2014 
04:16 Dec 06, 2023
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6497.IH
H6497
dmwilson on DSKJM0X7X2PROD with BILLS
(i) by inserting ‘‘or the delegated au-
thority under subsection (c)’’ after ‘‘The 
Secretary’’; and 
(ii) by inserting ‘‘or the delegated au-
thority’’ 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 CON-
DITION OF A NATURAL FEATURE.—Notwithstanding sub-
section (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 improve-
ment. 
‘‘(g) GUARANTEE OF FUNDING FOR CERTAIN CON-
STRUCTION MATERIALS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (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 
VerDate Sep 11 2014 
04:16 Dec 06, 2023
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6497.IH
H6497
dmwilson on DSKJM0X7X2PROD with BILLS
‘‘(C) are capable of being manufactured 
on-site. 
‘‘(2) CONSTRUCTION
MATERIALS
WITH
LESS 
THAN 100-YEAR STRUCTURAL INTEGRITY.—The Sec-
retary, at the election of a project sponsor and with 
the recommendation of the applicable State Con-
servationist of the project sponsor, may approve 
funding under a work of improvement for construc-
tion 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 esti-
mated Federal contribution to construction costs in 
excess of $50,000,000, or that includes any struc-
ture that provides more than 2,500 acre-feet of total 
capacity, unless the Secretary has approved the work 
of improvement. 
VerDate Sep 11 2014 
04:16 Dec 06, 2023
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6497.IH
H6497
dmwilson on DSKJM0X7X2PROD with BILLS
‘‘(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 ap-
proval, 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 pre-
vention project under this Act involving no single 
structure providing more than 4,000 acre-feet of 
total capacity, not less than 60 days before approv-
ing a plan described in subsection (a)(1), the Sec-
retary shall provide to the Committee on Agri-
culture, Nutrition, and Forestry of the Senate and 
the Committee on Agriculture of the House of Rep-
resentatives a notice of the approval, including a de-
scription 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 sin-
VerDate Sep 11 2014 
04:16 Dec 06, 2023
Jkt 049200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H6497.IH
H6497
dmwilson on DSKJM0X7X2PROD with BILLS
gle structure providing more than 4,000 acre-feet of 
total capacity, not less than 60 days before approv-
ing a plan described in subsection (a)(1), the Sec-
retary shall provide to the Committee on Environ-
ment and Public Works of the Senate and the Com-
mittee 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 water-
shed or subwatershed area exceeds $50,000,000 or in-
cludes 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 Trans-
portation and Infrastructure of the House of Rep-
resentatives, if the plan includes any single structure 
VerDate Sep 11 2014 
04:16 Dec 06, 2023
Jkt 049200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H6497.IH
H6497
dmwilson on DSKJM0X7X2PROD with BILLS
providing more than 4,000 acre-feet of total capac-
ity.’’. 
SEC. 6. MULTIBENEFIT WORK OF IMPROVEMENT ALLOCA-
TION. 
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 ALLOCA-
TION. 
‘‘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, respec-
tively. 
(c) CONFORMING AMENDMENTS.— 
VerDate Sep 11 2014 
04:16 Dec 06, 2023
Jkt 049200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H6497.IH
H6497
dmwilson on DSKJM0X7X2PROD with BILLS
(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 deter-
mined 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: 
VerDate Sep 11 2014 
04:16 Dec 06, 2023
Jkt 049200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H6497.IH
H6497
dmwilson on DSKJM0X7X2PROD with BILLS
‘‘SEC. 7. CONDITIONS FOR FEDERAL ASSISTANCE. 
‘‘(a) IN GENERAL.—The Secretary shall require, as 
a condition of providing Federal assistance for the instal-
lation 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 assur-
ances satisfactory to the Secretary that they will ac-
quire, without cost to the Federal Government from 
funds appropriated for the purposes of this Act (ex-
cept as provided in subsection (b)), such land, ease-
ments, or rights-of-way as will be needed in connec-
tion with works of improvement installed with Fed-
eral assistance; 
‘‘(2) make arrangements satisfactory to the 
Secretary for defraying costs of operating and main-
taining such works of improvement, in accordance 
with regulations presented by the Secretary; 
‘‘(3) acquire, or provide assurance that land-
owners 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 im-
provement; 
‘‘(4) obtain agreements to carry out rec-
ommended soil conservation measures and proper 
farm plans from owners of not less than 50 percent 
VerDate Sep 11 2014 
04:16 Dec 06, 2023
Jkt 049200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H6497.IH
H6497
dmwilson on DSKJM0X7X2PROD with BILLS
of the land situated in the drainage area above each 
retention reservoir to be installed with Federal as-
sistance; 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 CER-
TAIN ACTIVITIES.— 
‘‘(1) PUBLIC
FISH
AND
WILDLIFE
OR
REC-
REATIONAL 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 Sec-
retary 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.— 
VerDate Sep 11 2014 
04:16 Dec 06, 2023
Jkt 049200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H6497.IH
H6497
dmwilson on DSKJM0X7X2PROD with BILLS
‘‘(i) 
CONDITIONS.—The 
Secretary 
may participate in recreational develop-
ment in any watershed project under sub-
paragraph (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 an-
ticipated man-days of use of the pro-
jected recreational development; and 
‘‘(II) giving consideration to the 
availability within the region of exist-
ing 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 rec-
reational developments in a watershed 
project containing— 
‘‘(aa) not less than 75,000 
acres; and 
VerDate Sep 11 2014 
04:16 Dec 06, 2023
Jkt 049200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H6497.IH
H6497
dmwilson on DSKJM0X7X2PROD with BILLS
‘‘(bb) 
not 
more 
than 
150,000 acres; or 
‘‘(III) not more than 3 rec-
reational 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 imme-
diate acquisition by the local organization of land, 
easements, or rights-of-way is advisable for the pres-
ervation of sites for works of improvement included 
in a plan from encroachment by residential, commer-
cial, 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 improve-
ment, for credit to such construction funds. 
‘‘(3) MITIGATION OF FISH AND WILDLIFE HABI-
TAT LOSSES.— 
VerDate Sep 11 2014 
04:16 Dec 06, 2023
Jkt 049200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H6497.IH
H6497
dmwilson on DSKJM0X7X2PROD with BILLS
‘‘(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 organiza-
tion for mitigation of fish and wildlife habitat 
losses. 
‘‘(B) OUTSIDE BOUNDARIES.—An acquisi-
tion under subparagraph (A) shall not be lim-
ited to the confines of the watershed project 
boundaries. 
‘‘(c) FUTURE DEMANDS.— 
‘‘(1) IN
GENERAL.—The Secretary shall re-
quire, as a condition of providing Federal assistance 
for the installation of works of improvement, that— 
‘‘(A) the cost of water storage to meet fu-
ture demands may not exceed 30 percent of the 
total estimated cost of the reservoir structure; 
and 
‘‘(B) the local organization shall give rea-
sonable assurances, and provide evidence, that 
such demands for the use of such storage will 
be made within a period of time which will per-
mit repayment within the life of the reservoir 
structure of the cost of such storage. 
VerDate Sep 11 2014 
04:16 Dec 06, 2023
Jkt 049200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H6497.IH
H6497
dmwilson on DSKJM0X7X2PROD with BILLS
‘‘(2) ASSURANCES.—The Secretary shall deter-
mine prior to initiation of construction or modifica-
tion of any reservoir structure including water sup-
ply 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 fu-
ture 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 
VerDate Sep 11 2014 
04:16 Dec 06, 2023
Jkt 049200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H6497.IH
H6497
dmwilson on DSKJM0X7X2PROD with BILLS
‘‘(ii) no interest shall be charged on 
the cost of such water supply storage for 
anticipated future demands until such sup-
ply 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, inter-
state 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 organiza-
tion may secure services, including for the planning, 
design, preparation of contracts and specifications, 
awarding of contracts, and supervision of construc-
tion, in connection with works of improvement, if— 
VerDate Sep 11 2014 
04:16 Dec 06, 2023
Jkt 049200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H6497.IH
H6497
dmwilson on DSKJM0X7X2PROD with BILLS
‘‘(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 re-
quirements 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
SEC-
RETARY.—The Secretary may provide services under 
paragraph (1) on request by the local organization, 
with priority given to multibenefit works of improve-
ment. 
‘‘(3) REIMBURSEMENT.—If the local organiza-
tion elects to secure services under paragraph (1), 
VerDate Sep 11 2014 
04:16 Dec 06, 2023
Jkt 049200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H6497.IH
H6497
dmwilson on DSKJM0X7X2PROD with BILLS
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 sub-
paragraph (A) shall not exceed— 
‘‘(i) in the case of a work of improve-
ment for flood prevention or drought resil-
iency, 5 percent of the estimated installa-
tion cost of the work of improvement; and 
‘‘(ii) in the case of a work of improve-
ment the primary purpose of which is fish 
and wildlife habitat or water quality im-
provement, 75 percent of the estimated in-
stallation cost of the work of improvement. 
‘‘(b) CONSTRUCTION OF STRUCTURES.— 
‘‘(1) IN GENERAL.—Except as to the installa-
tion 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 con-
struction of any structure. 
VerDate Sep 11 2014 
04:16 Dec 06, 2023
Jkt 049200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H6497.IH
H6497
dmwilson on DSKJM0X7X2PROD with BILLS
‘‘(2) REQUESTS
OF
LOCAL
ORGANIZATION.— 
The Secretary may enter into a contract for the con-
struction of structures on request of a local organi-
zation.’’. 
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 ‘‘col-
lect, maintain, and publish on the website of the De-
partment 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— 
VerDate Sep 11 2014 
04:16 Dec 06, 2023
Jkt 049200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H6497.IH
H6497
dmwilson on DSKJM0X7X2PROD with BILLS
‘‘(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 produc-
tion.’’. 
Æ 
VerDate Sep 11 2014 
04:16 Dec 06, 2023
Jkt 049200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6301
E:\BILLS\H6497.IH
H6497
dmwilson on DSKJM0X7X2PROD with BILLS