Watershed Protection and Forest Recovery Act

Summary#

This bill adds a new Emergency Forest Watershed Program to the Agricultural Credit Act of 1978. It allows the Secretary of Agriculture, acting through the Chief of the Forest Service, to work with local sponsors to carry out emergency watershed protection measures on National Forest System land. The bill defines emergency watershed protection measures as actions to address runoff, prevent soil erosion, and reduce flood risk after a natural disaster or other sudden natural damage, and to maintain or restore forest health.

The bill lets the Secretary enter agreements with sponsors (States, local governments, Indian Tribes, water districts, and similar entities) and make payments to sponsors to carry out projects. Agreements should be executed as quickly as possible. Projects must be completed within 2 years after the Secretary determines the natural disaster or occurrence has concluded. Sponsors may monitor, maintain, repair, or replace measures for up to 3 years after that conclusion when needed to avoid unacceptable risk. The Secretary may make partial payments and must make final payment within 30 days after project completion. The bill also waives any matching requirements for these payments.

The bill limits sponsor liability for injury, loss, or damage from carrying out the measures, except where the sponsor acted with willful or wanton negligence or reckless conduct. A sponsor that begins work before entering an agreement assumes the risk of any resulting cost or liability. The Chief of the Natural Resources Conservation Service must coordinate on use of funds. Emergency watershed protection measures under this section are treated as emergency response actions for purposes of the cited NEPA regulation. The bill also amends section 404(b) of the Agricultural Credit Act to insert the phrase "to carry out section 401" after "for a fiscal year."

What it means for you#

• If you are a State, local government, Tribe, or a water or special district, you may be able to enter an agreement with the Forest Service to carry out emergency watershed work on National Forest System land and receive federal payments.
• Sponsors do not have to provide matching funds for these payments, and the Forest Service can make partial payments and must pay final amounts within 30 days of project completion.
• Sponsors are generally protected from liability for harm that results from carrying out the work, unless they acted with willful or wanton negligence or reckless conduct.
• If a sponsor starts work before a formal agreement is in place, that sponsor assumes the risk of costs and liability from that work.
• The bill directs coordination with the Natural Resources Conservation Service and treats these projects as emergency actions under NEPA rules.

Expenses#

No publicly available information on total estimated federal costs or specific appropriations is included in the bill text. The bill does authorize the Secretary to make payments to sponsors, allows partial payments, requires final payment within 30 days of project completion, and waives matching requirements for those payments.

Proponents' View#

No publicly available information on proponents' statements or published views is included in the provided bill text or metadata.

Opponents' View#

No publicly available information on opponents' statements or published views is included in the provided bill text or metadata.