H.R. 5823

119th CONGRESS 1st Session

To amend the Agricultural Credit Act of 1978 to authorize the Secretary of Agriculture to carry out emergency watershed protection measures on National Forest System land, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES · October 24, 2025 · Sponsor: Mr. Neguse · Committee: Committee on Agriculture

Table of contents

• H.R. 5823
  • SEC. 1. Short title
  • SEC. 2. Emergency forest watershed program

SEC. 1. Short title

• This Act may be cited as the Watershed Protection and Forest Recovery Act of 2025.

SEC. 2. Emergency forest watershed program

• (a) Funding and administration
  • Section 404(b) of the Agricultural Credit Act of 1978 () is amended by inserting after . 16 U.S.C. 2204(b)
• (b) Emergency forest watershed program
  • Title IV of the Agricultural Credit Act of 1978 () is amended by adding at the end the following: 16 U.S.C. 2201 et seq.
    • (a) Definitions
      • In this section:
        • The term emergency watershed protection measures means measures that—
        • 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—
    • (b) Authorization
      • The Secretary, acting through a sponsor, is authorized to undertake emergency watershed protection measures on National Forest System land.
    • (c) Agreements; payments
      • (1) In general
        • 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.
      • (2) Requirements
        • (A) Project timelines
          • (i) 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.
          • In general
          • (ii) 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.
          • (iii) 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.
        • (B) Payments
          • The Secretary, in accordance with an agreement entered into under paragraph (1)—
          • Payments
            • (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 requirements
      • The Secretary shall waive any matching requirements for payments made under subsection (c)(1).
    • (e) Liability
      • (1) In general
        • 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.
      • (2) Savings provision
        • 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.
    • (f) Assumption of risk
      • 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.
    • (g) Coordination
      • The Chief of the Natural Resources Conservation Service shall coordinate on the use of funds distributed under this section and section 403.
    • (h) NEPA compliance
      • 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).