16 USC 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
The term “forest management activity” means a project carried out by the Secretary on National Forest System land.
(3) 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.
(4) 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).
(5) Program
The term “Program” means the Water Source Protection Program established under subsection (b).
(6) Secretary
The term “Secretary” means the Secretary of Agriculture, acting through the Chief of the Forest Service.
(7) Water source management plan
The term “water source management plan” means the water source management plan developed under subsection (d)(1).
(b) Establishment
Terms Used In 16 USC 6542
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7
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) Water source investment partnerships
(1) 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.
(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
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) 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.
(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
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) Funds and services
(1) 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.
(2) 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.
(3) Manner of use
The Secretary may accept and use investments described in paragraph (1) directly or indirectly through the National Forest Foundation.
(4) Water source protection fund
(A) 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).
(B) 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.
(C) Partnership agreements
The Secretary may make multiyear commitments, if necessary, to implement 1 or more partnership agreements under subsection (c).