S3760-118

1. Short title This Act may be cited as the Watershed Protection and Forest Recovery Act of 2024.

2. Emergency forest watershed program Section 404(b) of the Agricultural Credit Act of 1978 (16 U.S.C. 2204(b)) is amended by inserting to carry out section 401 after for a fiscal year. Title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.) is amended by adding at the end the following: In this section: The term emergency watershed protection measures means measures that— are necessary to address runoff retardation, soil-erosion prevention, and flood mitigation caused by a natural disaster or any other natural occurrence that has caused a sudden impairment to natural resources on National Forest System land, and the damage, if not treated— would significantly impair or endanger the natural resources on the National Forest System land; and would pose an immediate risk to water resources or loss of life or property downstream of the National Forest System land; and would maintain or restore forest health and forest-related resources on the National Forest System land. The term natural disaster has the meaning given the term in section 407(a). The term Secretary means the Secretary, acting through the Chief of the Forest Service. The term sponsor means— a State or local government; an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); and a water district, water conservation district, water utility, or special district. The Secretary, acting through a sponsor, is authorized to undertake emergency watershed protection measures on National Forest System land. The Secretary may enter into an agreement with a sponsor and make payments to the sponsor, on request of the sponsor, to carry out emergency watershed protection measures. Following a natural disaster or natural occurrence that necessitates the carrying out of emergency watershed protection measures, the Secretary shall execute agreements under paragraph (1) as expeditiously as possible. A sponsor that has entered into an agreement under paragraph (1) shall complete all emergency watershed protection measures not later than 2 years after the conclusion of the applicable natural disaster or natural occurrence, as determined by the Secretary, that necessitated the carrying out of those measures. A sponsor that has entered into an agreement under paragraph (1) may monitor, maintain, repair, or replace emergency watershed protection measures for a period of not more than 3 years following the conclusion of the natural disaster or natural occurrence, as determined by the Secretary, that necessitated the carrying out of those measures when failure to do so would result in unacceptable risk to National Forest System land or downstream water users. The Secretary, in accordance with an agreement entered into under paragraph (1)— may make partial payments prior to completion of the applicable project; and shall make final payment for the project not later than 30 days after the date on which the project is completed. The Secretary shall waive any matching requirements for payments made under subsection (c)(1). A sponsor that carries out emergency watershed protection measures pursuant to an agreement under subsection (c)(1) shall not— be required to indemnify the United States for any liability resulting from carrying out emergency watershed protection measures pursuant to that agreement; or except as provided in paragraph (2), be liable for injury, loss, or damage resulting from carrying out emergency watershed protection measures pursuant to that agreement. Nothing in this subsection precludes liability for damages or costs relating to the carrying out of emergency watershed protection measures by a sponsor pursuant to an agreement entered into under subsection (c)(1) if the sponsor acted with willful or wanton negligence or reckless conduct in carrying out those measures. A sponsor that carries out emergency watershed protection measures prior to entering into an agreement under subsection (c)(1) shall assume the risk of incurring any cost or liability resulting from carrying out those measures. The Chief of the Natural Resources Conservation Service shall coordinate on the use of funds distributed under this section and section 403. Emergency watershed protection measures carried out pursuant to this section shall be deemed emergency response actions for purposes of section 220.4(b)(1) of title 36, Code of Federal Regulations (or a successor regulation). 408.Emergency forest watershed program(a)DefinitionsIn this section:(1)Emergency watershed protection measuresThe term emergency watershed protection measures means measures that—(A)are necessary to address runoff retardation, soil-erosion prevention, and flood mitigation caused by a natural disaster or any other natural occurrence that has caused a sudden impairment to natural resources on National Forest System land, and the damage, if not treated—(i)would significantly impair or endanger the natural resources on the National Forest System land; and(ii)would pose an immediate risk to water resources or loss of life or property downstream of the National Forest System land; and(B)would maintain or restore forest health and forest-related resources on the National Forest System land.(2)Natural disasterThe term natural disaster has the meaning given the term in section 407(a).(3)SecretaryThe term Secretary means the Secretary, acting through the Chief of the Forest Service.(4)SponsorThe term sponsor means—(A)a State or local government;(B)an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); and(C)a water district, water conservation district, water utility, or special district.(b)AuthorizationThe Secretary, acting through a sponsor, is authorized to undertake emergency watershed protection measures on National Forest System land.(c)Agreements; payments(1)In generalThe Secretary may enter into an agreement with a sponsor and make payments to the sponsor, on request of the sponsor, to carry out emergency watershed protection measures.(2)Requirements(A)Project timelines(i)In generalFollowing a natural disaster or natural occurrence that necessitates the carrying out of emergency watershed protection measures, the Secretary shall execute agreements under paragraph (1) as expeditiously as possible.(ii)TimelineA sponsor that has entered into an agreement under paragraph (1) shall complete all emergency watershed protection measures not later than 2 years after the conclusion of the applicable natural disaster or natural occurrence, as determined by the Secretary, that necessitated the carrying out of those measures.(iii)Continued monitoringA sponsor that has entered into an agreement under paragraph (1) may monitor, maintain, repair, or replace emergency watershed protection measures for a period of not more than 3 years following the conclusion of the natural disaster or natural occurrence, as determined by the Secretary, that necessitated the carrying out of those measures when failure to do so would result in unacceptable risk to National Forest System land or downstream water users.(B)PaymentsThe Secretary, in accordance with an agreement entered into under paragraph (1)—(i)may make partial payments prior to completion of the applicable project; and(ii)shall make final payment for the project not later than 30 days after the date on which the project is completed.(d)Waived matching requirementsThe Secretary shall waive any matching requirements for payments made under subsection (c)(1).(e)Liability(1)In generalA sponsor that carries out emergency watershed protection measures pursuant to an agreement under subsection (c)(1) shall not—(A)be required to indemnify the United States for any liability resulting from carrying out emergency watershed protection measures pursuant to that agreement; or(B)except as provided in paragraph (2), be liable for injury, loss, or damage resulting from carrying out emergency watershed protection measures pursuant to that agreement. (2)Savings provisionNothing in this subsection precludes liability for damages or costs relating to the carrying out of emergency watershed protection measures by a sponsor pursuant to an agreement entered into under subsection (c)(1) if the sponsor acted with willful or wanton negligence or reckless conduct in carrying out those measures.(f)Assumption of riskA sponsor that carries out emergency watershed protection measures prior to entering into an agreement under subsection (c)(1) shall assume the risk of incurring any cost or liability resulting from carrying out those measures.(g)CoordinationThe Chief of the Natural Resources Conservation Service shall coordinate on the use of funds distributed under this section and section 403.(h)NEPA complianceEmergency watershed protection measures carried out pursuant to this section shall be deemed emergency response actions for purposes of section 220.4(b)(1) of title 36, Code of Federal Regulations (or a successor regulation)..

408. Emergency forest watershed program In this section: The term emergency watershed protection measures means measures that— are necessary to address runoff retardation, soil-erosion prevention, and flood mitigation caused by a natural disaster or any other natural occurrence that has caused a sudden impairment to natural resources on National Forest System land, and the damage, if not treated— would significantly impair or endanger the natural resources on the National Forest System land; and would pose an immediate risk to water resources or loss of life or property downstream of the National Forest System land; and would maintain or restore forest health and forest-related resources on the National Forest System land. The term natural disaster has the meaning given the term in section 407(a). The term Secretary means the Secretary, acting through the Chief of the Forest Service. The term sponsor means— a State or local government; an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); and a water district, water conservation district, water utility, or special district. The Secretary, acting through a sponsor, is authorized to undertake emergency watershed protection measures on National Forest System land. The Secretary may enter into an agreement with a sponsor and make payments to the sponsor, on request of the sponsor, to carry out emergency watershed protection measures. Following a natural disaster or natural occurrence that necessitates the carrying out of emergency watershed protection measures, the Secretary shall execute agreements under paragraph (1) as expeditiously as possible. A sponsor that has entered into an agreement under paragraph (1) shall complete all emergency watershed protection measures not later than 2 years after the conclusion of the applicable natural disaster or natural occurrence, as determined by the Secretary, that necessitated the carrying out of those measures. A sponsor that has entered into an agreement under paragraph (1) may monitor, maintain, repair, or replace emergency watershed protection measures for a period of not more than 3 years following the conclusion of the natural disaster or natural occurrence, as determined by the Secretary, that necessitated the carrying out of those measures when failure to do so would result in unacceptable risk to National Forest System land or downstream water users. The Secretary, in accordance with an agreement entered into under paragraph (1)— may make partial payments prior to completion of the applicable project; and shall make final payment for the project not later than 30 days after the date on which the project is completed. The Secretary shall waive any matching requirements for payments made under subsection (c)(1). A sponsor that carries out emergency watershed protection measures pursuant to an agreement under subsection (c)(1) shall not— be required to indemnify the United States for any liability resulting from carrying out emergency watershed protection measures pursuant to that agreement; or except as provided in paragraph (2), be liable for injury, loss, or damage resulting from carrying out emergency watershed protection measures pursuant to that agreement. Nothing in this subsection precludes liability for damages or costs relating to the carrying out of emergency watershed protection measures by a sponsor pursuant to an agreement entered into under subsection (c)(1) if the sponsor acted with willful or wanton negligence or reckless conduct in carrying out those measures. A sponsor that carries out emergency watershed protection measures prior to entering into an agreement under subsection (c)(1) shall assume the risk of incurring any cost or liability resulting from carrying out those measures. The Chief of the Natural Resources Conservation Service shall coordinate on the use of funds distributed under this section and section 403. Emergency watershed protection measures carried out pursuant to this section shall be deemed emergency response actions for purposes of section 220.4(b)(1) of title 36, Code of Federal Regulations (or a successor regulation).