Collapse to view only § 6542. Water Source Protection Program
§ 6541. Omitted
§ 6542. Water Source Protection Program
(a) Definitions
In this section:
(1) End water user
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) Forest management activity
(3) Forest plan
(4) Non-Federal partner
(5) Program
(6) Secretary
(7) Water source management plan
(b) Establishment
(c) Water source investment partnerships
(1) In general
(2) Form
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) Water source management plan
(1) In general
(2) Requirement
(3) Environmental analysis
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) Forest management activities
(1) In general
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) Compliance
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) Endangered Species Act of 1973
(g) Funds and services
(1) In general
(2) Matching funds required
(3) Manner of use
(4) Water source protection fund
(A) In general
(B) Use of appropriated funds
(C) Partnership agreements
(Pub. L. 108–148, title III, § 303, as added Pub. L. 115–334, title VIII, § 8404(a), Dec. 20, 2018, 132 Stat. 4841
§ 6543. Watershed Condition Framework
(a) In generalThe Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the “Secretary”), may establish and maintain a Watershed Condition Framework for National Forest System land—
(1) to evaluate and classify the condition of watersheds, taking into consideration—
(A) water quality and quantity;
(B) aquatic habitat and biota;
(C) riparian and wetland vegetation;
(D) the presence of roads and trails;
(E) soil type and condition;
(F) groundwater-dependent ecosystems;
(G) relevant terrestrial indicators, such as fire regime, risk of catastrophic fire, forest and rangeland vegetation, invasive species, and insects and disease; and
(H) other significant factors, as determined by the Secretary;
(2) to identify for protection and restoration up to 5 priority watersheds in each National Forest, and up to 2 priority watersheds in each national grassland, taking into consideration the impact of the condition of the watershed condition on—
(A) wildfire behavior;
(B) flood risk;
(C) fish and wildlife;
(D) drinking water supplies;
(E) irrigation water supplies;
(F) forest-dependent communities; and
(G) other significant impacts, as determined by the Secretary;
(3) to develop a watershed protection and restoration action plan for each priority watershed that—
(A) takes into account existing restoration activities being implemented in the watershed; and
(B) includes, at a minimum—
(i) the major stressors responsible for the impaired condition of the watershed;
(ii) a set of essential projects that, once completed, will address the identified stressors and improve watershed conditions;
(iii) a proposed implementation schedule;
(iv) potential partners and funding sources; and
(v) a monitoring and evaluation program;
(4) to prioritize protection and restoration activities for each watershed restoration action plan;
(5) to implement each watershed protection and restoration action plan; and
(6) to monitor the effectiveness of protection and restoration actions and indicators of watershed health.
(b) CoordinationIn carrying out subsection (a), the Secretary shall—
(1) coordinate with interested non-Federal landowners and State, Tribal, and local governments within the relevant watershed; and
(2) provide for an active and ongoing public engagement process.
(c) Emergency designationNotwithstanding paragraph (2) of subsection (a), the Secretary may identify a watershed as a priority for rehabilitation in the Watershed Condition Framework without using the process described in that subsection if a Forest Supervisor determines that—
(1) a wildfire has significantly diminished the condition of the watershed; and
(2) the emergency stabilization activities of the Burned Area Emergency Response Team are insufficient to return the watershed to proper function.
(Pub. L. 108–148, title III, § 304, as added Pub. L. 115–334, title VIII, § 8405(a), Dec. 20, 2018, 132 Stat. 4843.)