S. 2701

119 S2701 IS: Headwaters Protection Act of 2025
 U.S. Senate
 2025-09-03
 text/xml
 EN
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  II
  119th CONGRESS
  1st Session
  S. 2701
  IN THE SENATE OF THE UNITED STATES
  September 3, 2025
  Mr. Bennet  (for himself,  Mr. Crapo ,  Mr.
  Hickenlooper ,  Mr. Risch , and
  Mr. Luján ) introduced the following bill;
  which was read twice and referred to the  Committee on Agriculture, Nutrition, and
  Forestry
  A BILL
To amend the Healthy Forests Restoration Act of 2003 to reauthorize and
  improve the Water Source Protection Program, and for other purposes.
1.
Short title
This Act may be cited as the   Headwaters Protection Act of 2025  .
2.
Water Source Protection Program reauthorization and improvements
Section 303 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6542 ) is amended—
(1)
in subsection (a)—
(A)
in paragraph (1)—
(i)
by redesignating subparagraphs (G) and (H) as subparagraphs (K) and (L), respectively; and
(ii)
by inserting after subparagraph (F) the following:
(G)
an acequia association;
(H)
a local, regional, or other public entity that manages stormwater or wastewater resources or other related water infrastructure;
(I)
a land-grant mercedes;
(J)
a local, regional, or other private entity that has water delivery authority;
  ;
(B)
by redesignating paragraphs (1) through (7) as paragraphs (2) through (8), respectively; and
(C)
by inserting before paragraph (2) (as so redesignated) the following:
(1)
Adjacent land
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.
  ;
(2)
in subsection (b)—
(A)
by inserting  and adjacent land  before the period at the end;
(B)
by striking  The Secretary shall  and inserting the following:
(1)
In general
The Secretary shall
  ; and
(C)
by adding at the end the following:
(2)
Requirements
A watershed protection and restoration project under the Program shall—
(A)
protect and restore watershed health, water supply and quality, a municipal or agricultural water supply system, and water-related infrastructure;
(B)
protect and restore forest health from insect infestation and disease or wildfire; or
(C)
advance any combination of the purposes described in subparagraphs (A) and (B).
(3)
Priorities
In selecting watershed protection and restoration projects under the Program, the Secretary shall give priority to projects that would—
(A)
provide risk management benefits associated with drought, wildfire, post-wildfire conditions, extreme weather, or flooding, including minimizing risks to watershed health, water supply and quality, and water-related infrastructure, including municipal and agricultural water supply systems;
(B)
be designed to support aquatic restoration and conservation efforts that complement existing or planned forest restoration or wildfire risk reduction efforts;
(C)
include—
(i)
partners with demonstrated capacity and success in designing and implementing ecological restoration projects, wildfire risk reduction efforts, or post-wildfire restoration projects; or
(ii)
in the case of disadvantaged 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
(D)
(i)
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);
(ii)
provide quantifiable benefits to water supply or quality and include the use of nature-based solutions, such as restoring wetland and riparian ecosystems;
(iii)
be designed to improve—
(I)
resilience to climate change; or
(II)
watershed and fire resilience; or
(iv)
include such other characteristics as the Secretary determines to be appropriate.
(4)
Conditions for projects on adjacent land
(A)
In general
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.
(B)
Effect
Nothing in this section authorizes any change in—
(i)
the ownership of adjacent land on which a project or activity is carried out under this section; or
(ii)
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.
  ;
(3)
in subsection (c)—
(A)
in paragraph (1)—
(i)
by inserting  and adjacent land  after  watersheds ;
(ii)
by striking the period at the end and inserting  ; or ;
(iii)
by striking  with end water users  and inserting the following:
with—
(A)
end water users
  ; and
(iv)
by adding at the end the following:
(B)
end waters 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.
  ;
(B)
in paragraph (2)—
(i)
in subparagraph (C), by striking  or  after the semicolon;
(ii)
by redesignating subparagraph (D) as subparagraph (E); and
(iii)
by inserting after subparagraph (C) the following:
(D)
a good neighbor agreement entered into under section 8206 of the Agricultural Act of 2014 ( 16 U.S.C. 2113a ); or
  ; and
(C)
by adding at the end the following:
(3)
Leadership by non-Federal partners
The Secretary shall facilitate a leadership role for non-Federal partners in carrying out assessments, planning, project design, and project implementation under this section.
  ;
(4)
in subsection (d)—
(A)
in paragraph (2), by striking  shall be conducted  and inserting the following:
shall be—
(A)
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));
(B)
based on the best available scientific information; and
(C)
conducted
  ; and
(B)
by adding at the end the following:
(4)
Reducing redundancy
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 may be used as the basis for a water source management plan under this subsection.
  ;
(5)
in subsection (e)(1), by striking  purpose of—  in the matter preceding subparagraph (A) and all that follows through the period at the end of subparagraph (C) and inserting  purpose of advancing any of the purposes described in subsection (b)(2). ; and
(6)
in subsection (g)—
(A)
in paragraph (2)—
(i)
by striking  at least equal to  and inserting  not less than 20 percent of ;
(ii)
by striking  The Secretary  and inserting the following:
(A)
In general
Subject to subparagraph (B), the Secretary
  ; and
(iii)
by adding at the end the following:
(B)
Waiver
The Secretary may waive the requirement under subparagraph (A) in the discretion of the Secretary.
  ; and
(B)
in paragraph (4)—
(i)
in subparagraph (B), by striking  $10,000,000 for each of fiscal years 2019 through 2023  and inserting  $30,000,000 for each of fiscal years 2025 through 2034 ; and
(ii)
by adding at the end the following:
(D)
Set-aside for partner participation in planning and capacity
Of the amounts made available under subparagraph (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).
  .
3.
Watershed condition framework improvements
Section 304 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6543 ) is amended—
(1)
in subsection (a)—
(A)
in paragraph (5), by striking  and  at the end;
(B)
in paragraph (6), by striking the period at the end and inserting  ; and ; and
(C)
by adding at the end the following:
(7)
that ensures that management activities and authorizations do not result in long-term degradation of watershed health or lower the classification under paragraph (1) of any watershed in a National Forest.
  ; and
(2)
by adding at the end the following:
(d)
Authorization of appropriations
There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2025 through 2029.
  .
4.
Effect
Nothing in this Act or an amendment made by this Act—
(1)
supersedes or in any manner affects or conflicts with State water law, Federal water law, interstate compacts, or treaty obligations; or
(2)
authorizes any acquisition of land by the Federal Government or any exertion of Federal control over non-Federal land.