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Code · BILL · 118th Congress · H.R. 8790 (Engrossed in House) — To expedite under the National Environmental Policy Act of 1969 and improve forest management activities on National... · Sec. 601

Sec. 601. Water source protection program

730 words·~3 min read·/bill/118/hr/8790/eh/section-601

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Section 303 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6542(g)(4)(B) ) is amended— in subsection (a)— by redesignating paragraphs
(1)through
(7)as paragraphs
(2)through (8), respectively; by inserting before paragraph (2), as so redesignated, the following: The term adjacent land means non-Federal land, including State, local, and private land, that is adjacent to, and within the same watershed as, National Forest System land on which a watershed protection and restoration project is carried out under this section. ; and in paragraph (2), as so redesignated— by redesignating subparagraphs
(G)and
(H)as subparagraphs
(K)and (L), respectively; and by inserting after subparagraph
(F)the following: an acequia association; a local, regional, or other public entity that manages stormwater or wastewater resources or other related water infrastructure; a land-grant mercedes; a local, regional, or other private entity that has water delivery authority; ; in subsection (b)— by striking The Secretary shall and inserting the following: The Secretary shall ; and by adding at the end the following: A watershed protection and restoration project under the Program shall be designed to— protect and restore watershed health, water supply and quality, a municipal or agricultural water supply system, and water-related infrastructure; protect and restore forest health from insect infestation and disease or wildfire; or advance any combination of the purposes described in subparagraphs
(A)and (B). In selecting watershed protection and restoration projects under the Program, the Secretary shall give priority to projects that would— provide risk management benefits associated with: drought; wildfire; post-wildfire conditions; extreme weather; flooding; resilience to climate change; and watershed and fire resilience, including minimizing risks to watershed health, water supply and quality, and water-related infrastructure, including municipal and agricultural water supply systems; support aquatic restoration and conservation efforts that complement existing or planned forest restoration or wildfire risk reduction efforts; or provide quantifiable benefits to water supply or quality and include the use of nature-based solutions, such as restoring wetland and riparian ecosystems. No project or activity may be carried out under this section on adjacent land unless the owner of the adjacent land agrees in writing that the owner is a willing and engaged partner in carrying out that project or activity. Nothing in this section shall be construed to authorize any change in— the ownership of adjacent land on which a project or activity is carried out under this section; or the management of adjacent land on which a project or activity is carried out under this section, except during the carrying out of that project or activity. ; in subsection (c)— in paragraph (1), by striking with end water users and inserting with end water users to protect and restore the condition of National Forest watersheds and adjacent land that provide water— to the end water users subject to the agreement; or for the benefit of another end water user. ; in paragraph (2)— in subparagraph (C), by striking or at the end; by redesignating subparagraph
(D)as subparagraph (E); and by inserting after subparagraph
(C)the following: a good neighbor agreement entered into under section 8206 of the Agricultural Act of 2014 ( 16 U.S.C. 2113a ); or ; and by adding at the end the following: The Secretary shall cooperate with non-Federal partners in carrying out assessments, planning, project design, and project implementation under this section. ; in subsection (d)— by amending paragraph
(2)to read as follows: A water source management plan shall be— designed to protect and restore ecological integrity (as defined in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this subparagraph)); based on the best available scientific information; and conducted in a manner consistent with the forest plan applicable to the National Forest System land on which the watershed protection and restoration project is carried out. ; and by adding at the end the following: An existing watershed plan, such as a watershed protection and restoration action plan developed under section 304(a)(3), or other applicable watershed planning documents as approved by the Secretary may be used as the basis for a water source management plan under this subsection. ; and in subsection (e)(1), by striking primary purpose of and all that follows through the period at the end and inserting primary purpose of advancing any of the purposes described in subsection (b)(2). .
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Sec. 601
Water source protection program
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