What This Bill Does
This bill changes the Land and Water Conservation Fund to let the Secretary of the Interior (the federal official who manages public lands) give money to states for water quality improvement projects. The bill allows states to use this fund for projects that fix polluted waterways, not just for outdoor recreation and parks.
Who It Affects
States receiving Land and Water Conservation Fund money, the Secretary of the Interior, the Environmental Protection Agency Administrator, and communities with polluted bodies of water.
Key Provisions
• States must include water quality improvement projects in their outdoor recreation plans, including identifying polluted waterways and proposed projects to fix them (Sec. 2(d)(5))
• The Secretary of the Interior can provide financial assistance to states for water quality projects that restore natural water systems like wetlands, marshes, and living shorelines to reduce nutrient loads (Sec. 2(e)(4)(E)(i))
• Funds given for water quality projects cannot be used to reimburse costs of projects already completed or fully funded (Sec. 2(e)(4)(E)(ii))
• The Secretary must consult with the Environmental Protection Agency when carrying out water quality project assistance (Sec. 2(e)(4)(D))
• This bill does not expand federal authority over nonnavigable waters or authorize the Secretary to regulate how water quality projects are conducted (Sec. 2(e)(4)(E)(iii))
What Changes
Land and Water Conservation Fund money, which previously could only support outdoor recreation and basic recreation facilities, can now also fund water quality improvement projects in states with identified impaired waterways.
Important Definitions
"Water quality project" means any project in a state water quality control plan designed to restore a waterway that a state has identified as polluted.
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1593
To amend title 54, United States Code, to authorize the Secretary of the
Interior to make financial assistance to States under the Land and
Water Conservation Fund available for water quality projects, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 14, 2023
Mr. MAST introduced the following bill; which was referred to the Committee
on Natural Resources
A BILL
To amend title 54, United States Code, to authorize the
Secretary of the Interior to make financial assistance
to States under the Land and Water Conservation Fund
available for water quality projects, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Land and Water Con-
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servation Fund Water Amendments Act of 2023’’.
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•HR 1593 IH
SEC. 2. FINANCIAL ASSISTANCE TO STATES FOR WATER
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QUALITY PROJECTS.
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Section 200305 of title 54, United States Code, is
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amended—
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(1) in subsection (a), in the second sentence, by
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inserting ‘‘and water quality improvement’’ after
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‘‘outdoor recreation’’;
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(2) in subsection (d), by adding at the end the
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following:
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‘‘(5) WATER QUALITY.—A comprehensive state-
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wide outdoor recreation plan shall identify—
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‘‘(A) any body of water within the bound-
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aries of the State for which a State water qual-
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ity control plan has been developed pursuant to
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section 303(d) of the Federal Water Pollution
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Control Act (33 U.S.C. 1313(d)); and
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‘‘(B) any proposed water quality project
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(as defined in subsection (e)(4)(A)) to be con-
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ducted with respect to a body of water that is
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identified under subparagraph (A).’’; and
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(3) in subsection (e)—
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(A) in the heading, by striking ‘‘AND DE-
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VELOPMENT OF BASIC OUTDOOR RECREATION
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FACILITIES’’ and inserting ‘‘, DEVELOPMENT
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OF BASIC OUTDOOR RECREATION FACILITIES,
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•HR 1593 IH
AND
CONDUCT
OF
WATER
QUALITY
1
PROJECTS’’;
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(B) in paragraph (1), by striking ‘‘and
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(3)’’ and inserting ‘‘, (3), and (4)’’; and
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(C) by adding at the end the following:
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‘‘(4) WATER QUALITY PROJECTS.—
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‘‘(A) DEFINITION
OF
WATER
QUALITY
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PROJECT.—In this paragraph, the term ‘water
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quality project’ means any project identified in
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a State water quality control plan developed for
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the purpose of restoring any body of water that
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is identified by the State under section 303(d)
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of the Federal Water Pollution Control Act (33
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U.S.C. 1313(d)) as being impaired.
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‘‘(B)
FINANCIAL
ASSISTANCE.—Under
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paragraph (1), the Secretary may provide finan-
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cial assistance for the conduct of water quality
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projects.
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‘‘(C) NON-FEDERAL SHARE CREDIT.—The
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Secretary may credit toward the non-Federal
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share required under subsection (c) funds allo-
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cated by a State for the conduct of a water
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quality project.
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‘‘(D)
CONSULTATION.—The
Secretary
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shall consult with the Administrator of the En-
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•HR 1593 IH
vironmental Protection Agency in carrying out
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this paragraph.
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‘‘(E) LIMITATIONS.—
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‘‘(i) IN
GENERAL.—In providing fi-
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nancial assistance to water quality projects
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under this paragraph, the Secretary shall
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only provide financial assistance to water
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quality projects that seek to improve water
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quality by improving, restoring, remedi-
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ating, or developing natural hydrological
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systems, such as—
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‘‘(I) wetlands;
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‘‘(II) marshes;
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‘‘(III) living shorelines;
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‘‘(IV)
near-shore
estuarine
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waters; or
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‘‘(V) any other naturally occur-
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ring hydrological features the Sec-
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retary determines to be necessary for
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the purpose of reducing nutrient
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loads.
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‘‘(ii) NO
REIMBURSEMENT.—Funds
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made available for a water quality project
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under this paragraph may not be used to
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reimburse the cost of any water quality
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•HR 1593 IH
project that has already been completed or
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is otherwise fully funded.
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‘‘(iii) EFFECT.—Nothing in this para-
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graph—
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‘‘(I) expands the authority of the
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Federal Government over nonnav-
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igable waters; or
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‘‘(II) authorizes the Secretary to
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regulate the conduct of water quality
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projects.’’.
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Æ
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