H.R. 5823: Watershed Protection and Forest Recovery Act of 2025

This bill, titled the Watershed Protection and Forest Recovery Act of 2025, proposes amendments to the Agricultural Credit Act of 1978 to enhance the ability of the Secretary of Agriculture to conduct emergency watershed protection measures on National Forest System land. Below is a summary of the main components of the bill:

Emergency Watershed Protection Program

The bill establishes an Emergency Forest Watershed Program that allows for the execution of emergency measures to address environmental issues arising from natural disasters or significant natural occurrences.

• Definitions:
  • Emergency watershed protection measures: These measures are required to manage runoff, prevent soil erosion, and mitigate floods triggered by natural disasters. They aim to protect natural resources on National Forest land and prevent risks to water resources, life, or property downstream.
  • Natural disaster: Refers to events as defined in existing regulations.
  • Secretary: Refers to the Secretary of Agriculture, who acts through the Chief of the Forest Service.
  • Sponsor: Can include state or local governments, Indian tribes, or other designated water-related agencies.

Authority for Measures

The Secretary of Agriculture is authorized to implement emergency watershed protection measures in collaboration with sponsors (such as local governments or tribal authorities) to quickly respond to natural disasters.

Agreements and Payments

• The Secretary can enter into agreements with sponsors to carry out these emergency measures, and sponsors may request payments for these actions.
• After a disaster, the Secretary is required to expedite these agreements. Sponsors must complete the watershed protection measures within two years following the disaster.
• Monitoring and maintenance of these measures can continue for up to three years after the disaster, if necessary.
• Payments to sponsors can occur throughout the project, with the final payment due within 30 days of project completion.
• Matching fund requirements will be waived to ease the process for the sponsors.

Liability and Risk Assumption

The bill addresses liability issues by stating that:

• Sponsors are not required to indemnify the government for liabilities arising from the emergency protection measures.
• Sponsors also will not be held liable for damages unless proven to have acted with willful negligence or reckless behavior.
• Moreover, sponsors that conduct measures prior to entering an official agreement bear the risk of any associated costs or liabilities.

Coordination

The Chief of the Natural Resources Conservation Service will be responsible for coordinating the use of funds from this act with other relevant sections of law.

NEPA Compliance

Any emergency watershed protection measures executed under this bill will be classified as emergency response actions, streamlining compliance with existing regulations.

Relevant Companies

• None found