Healthy Watersheds, Healthy Communities Act of 2026

“(a) Short title.—This Act may be cited as the ‘Watershed Protection and Flood Prevention Act’.

“(b) Findings.—Congress finds that erosion, floodwater, drought, and sediment damages in the watersheds of the rivers and streams of the United States cause loss of life, declines in agricultural production, harm to fish, birds, wildlife, and recreation opportunities, and damage to property, thereby constituting a menace to the national welfare.

“(c) Sense of Congress.—It is the sense of Congress that the Federal Government should cooperate with States and political subdivisions of States, Tribal organizations described in section 2(2)(C), insular areas (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 )), soil or water conservation districts, flood prevention or control districts, irrigation districts or similar entities, nonprofit organizations, and other local public agencies for the purposes of—

“(1) preventing the damages described in subsection (b);

“(2) furthering the conservation, development, utilization, and disposal of water, and the conservation and utilization of land; and

“(3) thereby preserving, protecting, and improving land and water resources and the quality of the environment.”.

“(1) IRRIGATION EFFICIENCY.—The term ‘irrigation efficiency’ means a reduction in the quantity of non-consumed water diverted at a source for irrigation purposes, consistent with State water law.

“(2) LOCAL ORGANIZATION.—The term ‘local organization’ means—

“(A) (i) any State, political subdivision of a State, soil or water conservation district, flood prevention or control district, or combination thereof; or

“(ii) any other governmental agency having authority under State law to carry out, maintain, and operate a work of improvement;

“(B) any irrigation district or reservoir company, water users’ association, canal company, ditch association, acequia, or similar entity, or nongovernmental organization that is not being operated for profit, with—

“(i) the capacity to engage in the planning or implementation of land treatment and related conservation measures; or

“(ii) the authority to construct and maintain structural measures; or

“(C) any Indian Tribe or Tribal organization (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) having authority under Federal, State, or Indian Tribal law to carry out, maintain, and operate a work of improvement.

“(3) MULTIBENEFIT WORK OF IMPROVEMENT.—The term ‘multibenefit work of improvement’ means a work of improvement, including irrigation efficiency, flood damage reduction, water management, or watershed protection, that provides 2 or more of the following public benefits:

“(A) Improvement in the condition of a natural feature that increases fish or wildlife habitat, reduces drought impact, or reduces flood risk.

“(B) Improvement in water quality.

“(C) Water conservation.

“(D) Improvement to instream flow.

“(E) Enhanced fish passage or reduction in fish entrainment.

“(F) Permanent protection of a natural feature.

“(G) Off-channel renewable energy production.

“(4) NATURAL FEATURE.—The term ‘natural feature’ means a feature that is created through the action of physical, geological, biological, and natural chemical processes over time.

“(5) SECRETARY.—The term ‘Secretary’ means the Secretary of Agriculture.

“(6) WATER CONSERVATION.—The term ‘water conservation’ means a reduction in total annual consumptive water use compared to total annual consumptive water use before a work of improvement is carried out under this Act.

“(7) WATER MANAGEMENT.—The term ‘water management’ means any project or activity carried out to increase the efficiency of water use, transfer, diversion, or conveyance.

“(8) WORK OF IMPROVEMENT.—

“(A) IN GENERAL.—The term ‘work of improvement’ means any undertaking carried out in a watershed or subwatershed area not exceeding 250,000 acres (including on Federal land necessary to accomplish the purposes of the undertaking) for—

“(i) flood prevention (including structural and land treatment measures);

“(ii) the conservation, development, utilization, and disposal of water; or

“(iii) the conservation and proper utilization of land.

“(B) EXCLUSION.—The term ‘work of improvement’ does not include any single structure that provides—

“(i) more than 12,500 acre-feet of floodwater detention capacity; and

“(ii) more than 25,000 acre-feet of total capacity.

“(C) REQUIREMENT FOR AGRICULTURE OR CONSERVATION BENEFITS.—Each undertaking described in subparagraph (A) shall contain benefits directly related to agriculture or conservation, including communities in rural areas (as defined in section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) )), that account for at least 20 percent of the total benefits of the undertaking.

“(D) CONSOLIDATED PLANNING.—1 or more subwatersheds, when the subwatersheds are components of a larger watershed, may be planned together at the discretion of the local organization sponsoring the applicable undertaking.”.