§6542 — Title 16 Conservation | U.S. Code

Summary

The Secretary of Agriculture must set up and run the Water Source Protection Program to protect and restore watersheds on National Forest land that provide drinking and other water. Defined terms used in the program: "end water user" — a non-Federal group such as a State, local government, Indian tribe, utility, municipal water system, irrigation district, nonprofit, or corporation; "forest management activity" — a project carried out by the Forest Service on National Forest land; "forest plan" — the Forest Service’s land management plan for a forest; "non-Federal partner" — an end water user that has a partnership agreement; "Program" — the Water Source Protection Program; "Secretary" — the Secretary of Agriculture acting through the Chief of the Forest Service; "water source management plan" — the plan made under the Program. Under the Program, the Secretary may make partnership agreements with end water users (for example, MOUs, cost-share deals, long-term matching commitments, or other suitable agreements). The Secretary can work with partners and state, local, and Tribal governments to make a water source management plan that follows the forest plan and meets required environmental review under NEPA, either project by project or for the whole plan. When forest work is needed to protect or improve water quality, the Secretary must carry it out to protect municipal water supplies, restore forest health after insects or disease, or both, and must follow the law and applicable plans. The Secretary may use Interior’s adaptive management guidance to help meet the Endangered Species Act. The Secretary may accept money, services, or other investments from partners, but partners must contribute at least an equal amount to Federal funds. Funds may be accepted through the National Forest Foundation, a Water Source Protection Fund may be set up to match partner contributions, and $10,000,000 is authorized for each fiscal year 2019 through 2023. The Secretary may make multiyear commitments if needed.

Title 16, §6542

Conservation — Source: USLM XML via OLRC

(a)In this section:

(1)The term “end water user” means a non-Federal entity, including—

(A)a State;

(B)a political subdivision of a State;

(C)an Indian tribe;

(D)a utility;

(E)a municipal water system;

(F)an irrigation district;

(G)a nonprofit organization; and

(H)a corporation.

(2)The term “forest management activity” means a project carried out by the Secretary on National Forest System land.

(3)The term “forest plan” means a land management plan prepared by the Forest Service for a unit of the National Forest System pursuant to section 1604 of this title.

(4)The term “non-Federal partner” means an end water user with whom the Secretary has entered into a partnership agreement under subsection (c)(1).

(5)The term “Program” means the Water Source Protection Program established under subsection (b).

(6)The term “Secretary” means the Secretary of Agriculture, acting through the Chief of the Forest Service.

(7)The term “water source management plan” means the water source management plan developed under subsection (d)(1).

(b)The Secretary shall establish and maintain a program, to be known as the “Water Source Protection Program”, to carry out watershed protection and restoration projects on National Forest System land.

(c)(1)In carrying out the Program, the Secretary may enter into water source investment partnership agreements with end water users to protect and restore the condition of National Forest watersheds that provide water to the end water users.

(2)A partnership agreement described in paragraph (1) may take the form of—

(A)a memorandum of understanding;

(B)a cost-share or collection agreement;

(C)a long-term funding matching commitment; or

(D)another appropriate instrument, as determined by the Secretary.

(d)(1)In carrying out the Program, the Secretary, in cooperation with the non-Federal partners and applicable State, local, and Tribal governments, may develop a water source management plan that describes the proposed implementation of watershed protection and restoration projects under the Program.

(2)A water source management plan shall be conducted in a manner consistent with the forest plan applicable to the National Forest System land on which the watershed protection and restoration project is carried out.

(3)The Secretary may conduct a single environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)—

(A)for each watershed protection and restoration project included in the water source management plan; or

(B)as part of the development of, or after the finalization of, the water source management plan.

(e)(1)To the extent that forest management activities are necessary to protect, maintain, or enhance water quality, and in accordance with paragraph (2), the Secretary shall carry out forest management activities as part of watershed protection and restoration projects carried out on National Forest System land, with the primary purpose of—

(A)protecting a municipal water supply system;

(B)restoring forest health from insect infestations and disease; or

(C)any combination of the purposes described in subparagraphs (A) and (B).

(2)The Secretary shall carry out forest management activities under paragraph (1) in accordance with—

(A)this chapter;

(B)the applicable water source management plan;

(C)the applicable forest plan; and

(D)other applicable laws.

(f)In carrying out the Program, the Secretary may use the Manual on Adaptive Management of the Department of the Interior, including any associated guidance, to comply with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

(g)(1)In carrying out the Program, the Secretary may accept and use funding, services, and other forms of investment and assistance from non-Federal partners to implement the water source management plan.

(2)The Secretary shall require the contribution of funds or in-kind support from non-Federal partners to be in an amount that is at least equal to the amount of Federal funds.

(3)The Secretary may accept and use investments described in paragraph (1) directly or indirectly through the National Forest Foundation.

(4)(A)Subject to the availability of appropriations, the Secretary may establish a Water Source Protection Fund to match funds or in-kind support contributed by non-Federal partners under paragraph (1).

(B)There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2019 through 2023.

(C)The Secretary may make multiyear commitments, if necessary, to implement 1 or more partnership agreements under subsection (c).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (d)(3), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

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note set out under section 4321 of Title 42 and Tables. This chapter, referred to in subsec. (e)(2)(A), was in the original “this Act”, meaning Pub. L. 108–148, Dec. 3, 2003, 117 Stat. 1887, which is classified principally to this chapter. For complete classification of this Act to the Code, see

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note below and Tables. The Endangered Species Act of 1973, referred to in subsec. (f), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see

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note set out under section 1531 of this title and Tables.

Prior Provisions

A prior section 6542, Pub. L. 108–148, title III, § 303, Dec. 3, 2003, 117 Stat. 1905, provided for tribal watershed forestry assistance and the development of water quality and watershed forestry programs, prior to repeal by Pub. L. 113–79, title VIII, § 8005, Feb. 7, 2014, 128 Stat. 913.

§6542 Water Source Protection Program

Summary

Title 16, §6542

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Prior Provisions

Citations & Metadata