Sec. 118. Water Source Protection Program
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Section 303 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6542 ) 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; and a local, regional, or other private entity that has water delivery authority; ; in subsection (b)— by inserting and adjacent land before the period at the end; by striking The Secretary and inserting the following: The Secretary ; 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; to protect and restore forest health from insect infestation and disease or wildfire; or to 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 events, 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; provide quantifiable benefits to water supply or quality and include the use of nature-based solutions, such as restoring wetland and riparian ecosystems; include— partners with demonstrated capacity to, and success in, designing and implementing ecological restoration projects, wildfire risk-reduction efforts, or post-wildfire restoration projects; or in the case of communities that have historically lacked access to adequate resources, partners with a strong likelihood of success in designing and implementing a watershed protection and restoration project; and include— a contribution of funds or in-kind support from non-Federal partners in an amount greater than the amount required under subsection (g)(2); or such other characteristics as the Secretary determines to be appropriate. No project or activity may be carried out under this section on adjacent land, unless the owner of the adjacent land provides express support for, and is a willing and engaged partner in, carrying out that project or activity. Nothing in this section authorizes 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 agreements with and all that follows through the period at the end and inserting the following: agreements with end water users to protect and restore the condition of National Forest watersheds and adjacent land that provide water to— end water users; or end water users to protect and restore the condition of National Forest watersheds and adjacent land that provide water 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: in the case of an agreement with a State, a county, or an Indian tribe for a project carried out on National Forest System land, 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 striking paragraph
(2)and inserting the following: 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 approved by the Secretary may be used as the basis for a water source management plan under this subsection. ; in subsection (e)(1), by striking purpose of in the matter preceding subparagraph
(A)and all that follows through the period at the end and inserting purpose of advancing any of the purposes described in subsection (b)(2). ; and in subsection (g)— in paragraph (2)— by striking at least equal to and inserting not less than 20 percent of ; by striking The Secretary and inserting the following: Subject to subparagraph (B), the Secretary ; and by adding at the end the following: The Secretary may waive the requirement under subparagraph
(A)at the discretion of the Secretary. ; in paragraph (4)— in subparagraph (B), by striking fiscal years 2019 through 2023 and inserting fiscal years 2025 through 2031 ; by redesignating subparagraph
(C)as subparagraph (D); and by inserting after subparagraph
(B)the following: Of the amounts made available under subparagraphs
(A)and
(B)to carry out this section for each fiscal year, the Secretary shall use not less than 10 percent for non-Federal partner technical assistance participation and capacity-building efforts in developing or implementing a water source management plan under subsection (d). ; and by adding at the end the following: The Secretary may include the value of forest restoration and watershed improvement work implemented on adjacent land in the project area in determining in-kind contributions to a project from non-Federal partners under paragraph (4)(A). .
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