S798-118

1. Short title This Act may be cited as the Land and Water Conservation Fund Water Amendments Act of 2023.

2. Financial assistance to States for water quality projects Section 200305 of title 54, United States Code, is amended— in subsection (a), in the second sentence, by inserting and water quality improvement after outdoor recreation; in subsection (d), by adding at the end the following: A comprehensive statewide outdoor recreation plan shall identify— any body of water within the boundaries of the State for which a State water quality control plan has been developed pursuant to section 303(d) of the Federal Water Pollution Control Act (33 U.S.C. 1313(d)); and any proposed water quality project (as defined in subsection (e)(4)(A)) to be conducted with respect to a body of water that is identified under subparagraph (A). in subsection (e)— in the heading, by striking and development of basic outdoor recreation facilities and inserting , development of basic outdoor recreation facilities, and conduct of water quality projects; in paragraph (1), by striking and (3) and inserting , (3), and (4); and by adding at the end the following: In this paragraph, the term water quality project means any project identified in a State water quality control plan developed for the purpose of restoring any body of water that is identified by the State under section 303(d) of the Federal Water Pollution Control Act (33 U.S.C. 1313(d)) as being impaired. Under paragraph (1), the Secretary may provide financial assistance for the conduct of water quality projects. The Secretary may credit toward the non-Federal share required under subsection (c) funds allocated by a State for the conduct of a water quality project. The Secretary shall consult with the Administrator of the Environmental Protection Agency in carrying out this paragraph. In providing financial assistance to water quality projects under this paragraph, the Secretary shall only provide financial assistance to water quality projects that seek to improve water quality by improving, restoring, or developing natural hydrological systems, such as wetlands, marshes, living shorelines, or any other naturally occurring hydrological features the Secretary determines to be necessary for the purpose of reducing nutrient loads. Funds made available for a water quality project under this paragraph may not be used to reimburse the cost of any water quality project that has already been completed or is otherwise fully funded. Nothing in this paragraph— expands the authority of the Federal Government over nonnavigable waters; or authorizes the Secretary to regulate the conduct of water quality projects. (5)Water qualityA comprehensive statewide outdoor recreation plan shall identify—(A)any body of water within the boundaries of the State for which a State water quality control plan has been developed pursuant to section 303(d) of the Federal Water Pollution Control Act (33 U.S.C. 1313(d)); and(B)any proposed water quality project (as defined in subsection (e)(4)(A)) to be conducted with respect to a body of water that is identified under subparagraph (A).; and (4)Water quality projects(A)Definition of water quality projectIn this paragraph, the term water quality project means any project identified in a State water quality control plan developed for the purpose of restoring any body of water that is identified by the State under section 303(d) of the Federal Water Pollution Control Act (33 U.S.C. 1313(d)) as being impaired.(B)Financial assistanceUnder paragraph (1), the Secretary may provide financial assistance for the conduct of water quality projects.(C)Non-federal share creditThe Secretary may credit toward the non-Federal share required under subsection (c) funds allocated by a State for the conduct of a water quality project.(D)ConsultationThe Secretary shall consult with the Administrator of the Environmental Protection Agency in carrying out this paragraph. (E)Limitations(i)In generalIn providing financial assistance to water quality projects under this paragraph, the Secretary shall only provide financial assistance to water quality projects that seek to improve water quality by improving, restoring, or developing natural hydrological systems, such as wetlands, marshes, living shorelines, or any other naturally occurring hydrological features the Secretary determines to be necessary for the purpose of reducing nutrient loads. (ii)No reimbursementFunds made available for a water quality project under this paragraph may not be used to reimburse the cost of any water quality project that has already been completed or is otherwise fully funded.(iii)EffectNothing in this paragraph—(I)expands the authority of the Federal Government over nonnavigable waters; or(II) authorizes the Secretary to regulate the conduct of water quality projects..