HR5823-119

What This Bill Does

The Watershed Protection and Forest Recovery Act adds an emergency forest watershed program to the Agricultural Credit Act framework. The bill authorizes the Forest Service, acting through sponsors, to undertake emergency watershed protection measures on National Forest System land after a natural disaster or sudden natural occurrence impairs natural resources. Eligible measures address runoff retardation, soil-erosion prevention, and flood mitigation when untreated damage would significantly impair National Forest resources, threaten downstream water resources, life, or property, and maintain or restore forest health. Sponsors can be State or local governments, Indian Tribes, water districts, water conservation districts, water utilities, or special districts. The Forest Service may enter agreements and make payments to sponsors, must execute agreements as quickly as possible after qualifying events, requires completion within two years, and allows monitoring, maintenance, repair, or replacement for up to three years after the event. The bill also lets sponsors seek approval of preagreement measures, shields sponsors from liability absent willful or wanton negligence or reckless conduct, makes sponsors assume risk for work done before agreement, coordinates with NRCS, and treats measures as emergency response actions for NEPA rules.

Who Benefits and How

Downstream communities benefit because the program targets flood, erosion, and water-resource risks from damaged National Forest lands. State watershed sponsors benefit because Forest Service agreements and payments can fund emergency measures. Indian Tribes benefit because they are expressly included as eligible sponsors. Water districts and water utilities benefit because they can sponsor measures protecting downstream water supplies. Forest health projects benefit because eligible measures must maintain or restore forest health and forest-related resources.

Who Bears the Burden and How

Forest Service watershed staff must execute agreements quickly, approve preagreement measures, monitor deadlines, and coordinate payments. Emergency watershed sponsors must complete measures within two years and handle monitoring, maintenance, repair, or replacement duties. Sponsors that act before an agreement bear the cost and liability risk of that early work. Sponsors that act with willful or wanton negligence or reckless conduct lose liability protection. NRCS coordination staff must coordinate use of funds across related watershed authorities.

Key Provisions

• Establishes an emergency forest watershed program for National Forest System land.
• Authorizes agreements and payments to State, local, Tribal, water district, water utility, and special district sponsors.
• Requires emergency measures to address runoff, soil erosion, flood mitigation, water-resource risks, and forest health.
• Requires sponsors to complete measures within two years and allows maintenance or repair for up to three years.
• Provides liability protection except for willful or wanton negligence or reckless conduct.
• Requires sponsors to assume risk for work begun before a Forest Service agreement.