Title 16 — Conservation
Chapter 84 — Healthy Forest Restoration
§ 6542. Water Source Protection Program
Statutory text
Definitions
In this section:
End water user
The term “end water user” means a non-Federal entity, including—
a State;
a political subdivision of a State;
an Indian tribe;
a utility;
a municipal water system;
an irrigation district;
a nonprofit organization; and
a corporation.
Forest management activity
The term “forest management activity” means a project carried out by the Secretary on National Forest System land.
Forest plan
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.
Non-Federal partner
The term “non-Federal partner” means an end water user with whom the Secretary has entered into a partnership agreement under subsection (c)(1).
Program
The term “Program” means the Water Source Protection Program established under subsection (b).
Secretary
The term “Secretary” means the Secretary of Agriculture, acting through the Chief of the Forest Service.
Water source management plan
The term “water source management plan” means the water source management plan developed under subsection (d)(1).
Establishment
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.
Water source investment partnerships
In general
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.
Form
A partnership agreement described in paragraph (1) may take the form of—
a memorandum of understanding;
a cost-share or collection agreement;
a long-term funding matching commitment; or
another appropriate instrument, as determined by the Secretary.
Water source management plan
In general
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.
Requirement
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.
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.)—
for each watershed protection and restoration project included in the water source management plan; or
as part of the development of, or after the finalization of, the water source management plan.
Forest management activities
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—
protecting a municipal water supply system;
restoring forest health from insect infestations and disease; or
any combination of the purposes described in subparagraphs (A) and (B).
Compliance
The Secretary shall carry out forest management activities under paragraph (1) in accordance with—
this chapter;
the applicable water source management plan;
the applicable forest plan; and
other applicable laws.
Endangered Species Act of 1973
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.).
Funds and services
In general
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.
Matching funds required
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.
Manner of use
The Secretary may accept and use investments described in paragraph (1) directly or indirectly through the National Forest Foundation.
Water source protection fund
In general
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).
Use of appropriated funds
There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2019 through 2023.
Partnership agreements
The Secretary may make multiyear commitments, if necessary, to implement 1 or more partnership agreements under subsection (c).
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 108–148 title III § 303 · 117 Stat. 1887
Enacted · 16 U.S.C. § 6542
(Pub. L. 108–148, title III, § 303, as added Pub. L. 115–334, title VIII, § 8404(a), Dec. 20, 2018, 132 Stat. 4841.)
Source evidence
Code source credit
(Pub. L. 108–148, title III, § 303, as added Pub. L. 115–334, title VIII, § 8404(a), Dec. 20, 2018, 132 Stat. 4841.)Enacted provision · exact public law section
SEC. 303. TRIBAL WATERSHED FORESTRY ASSISTANCE. (a) In General.— The Secretary of Agriculture (referred to in this section as the “Secretary”), acting through the Chief of the Forest Service, shall provide technical, financial, and related assistance to Indian tribes for the purpose of expanding tribal stewardship capacities and activities through tribal forestry best-management practices and other means at the tribal level to address watershed issues on land under the jurisdiction of or administered by the Indian tribes. (b) Technical Assistance To Protect Water Quality.— (1) In general.— The Secretary, in cooperation with Indian tribes, shall develop a program to provide technical assistance to protect water quality, as described in paragraph (2). (2) Purpose of program.— The program under this subsection shall be designed— (A) to build and strengthen watershed partnerships that focus on forested landscapes at the State, regional, tribal, and local levels; (B) to provide tribal forestry best-management practices and water quality technical assistance directly to Indian tribes; (C) to provide technical guidance to tribal land managers and policy makers for water quality protection through forest management; (D) to complement tribal efforts to protect water quality and provide enhanced opportunities for consultation and cooperation among Federal agencies and tribal entities charged with responsibility for water and watershed management; and (E) to provide enhanced forest resource data and support for improved implementation and monitoring of tribal forestry best-management practices. (c) Watershed Forestry Program.— (1) In general.— The Secretary shall establish a watershed forestry program in cooperation with Indian tribes. (2) Programs and projects.— Funds or other support provided under the program shall be made available for tribal forestry best-management practices programs and watershed forestry projects. (3) Annual awards.— The Secretary shall annually make awards to Indian tribes to carry out this subsection. (4) Project elements and objectives.— A watershed forestry project shall accomplish critical forest stewardship, watershed protection, and restoration needs within land under the jurisdiction of or administered by an Indian tribe by demonstrating the value of trees and forests to watershed health and condition through— (A) the use of trees as solutions to water quality problems; (B) application of and dissemination of monitoring information on forestry best-management practices relating to watershed forestry; (C) watershed-scale forest management activities and conservation planning; (D) the restoration of wetland and stream-side forests and the establishment of riparian vegetative buffers; and (E) tribal-based planning, involvement, and action through State, tribal, local, and nonprofit partnerships. (5) Prioritization.— An Indian tribe that participates in the program under this subsection shall prioritize watersheds in land under the jurisdiction of or administered by the Indian tribe to target watershed forestry projects funded under this subsection. (6) Watershed forester.— The Secretary may provide to Indian tribes under this section financial and technical assistance to establish a position of tribal forester to lead tribal programs and coordinate small watershed-level projects. (d) Distribution.— The Secretary shall devote— (1) at least 75 percent of the funds made available for a fiscal year under subsection (e) to the program under subsection (c); and (2) the remainder of the funds to deliver technical assistance, education, and planning in the field to Indian tribes. (e) Authorization of Appropriations.— There is authorized to be appropriated to carry out this section $2,500,000 for each of fiscal years 2004 through 2008.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
The National Environmental Policy Act of 1969, referred to in subsec. (d)(3), is Pub. L. 91–190, , 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 Short Title 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, , 117 Stat. 1887, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note below and Tables.
The Endangered Species Act of 1973, referred to in subsec. (f), is Pub. L. 93–205, , 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 Short Title note set out under section 1531 of this title and Tables.
Prior Provisions
A prior section 6542, Pub. L. 108–148, title III, § 303, , 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, , 128 Stat. 913.
Credits
(Pub. L. 108–148, title III, § 303, as added Pub. L. 115–334, title VIII, § 8404(a), , 132 Stat. 4841.)