{"identifier":"/us/usc/t16/s6542","title":16,"num":"\u00a7\u202f6542.","heading":"Water Source Protection Program","text":"\u00a7\u202f6542.\nWater Source Protection Program\n(a)\nDefinitions\nIn this section:\n(1)\nEnd water user\nThe term \u201cend water user\u201d means a non-Federal entity, including\u2014\n(A) a State;\n(B) a political subdivision of a State;\n(C) an Indian tribe;\n(D) a utility;\n(E) a municipal water system;\n(F) an irrigation district;\n(G) a nonprofit organization; and\n(H) a corporation.\n(2)\nForest management activity\nThe term \u201cforest management activity\u201d means a project carried out by the Secretary on National Forest System land.\n(3)\nForest plan\nThe term \u201cforest plan\u201d means a land management plan prepared by the Forest Service for a unit of the National Forest System pursuant to\nsection 1604 of this title\n(4)\nNon-Federal partner\nThe term \u201cnon-Federal partner\u201d means an end water user with whom the Secretary has entered into a partnership agreement under subsection (c)(1).\n(5)\nProgram\nThe term \u201cProgram\u201d means the Water Source Protection Program established under subsection (b).\n(6)\nSecretary\nThe term \u201cSecretary\u201d means the Secretary of Agriculture, acting through the Chief of the Forest Service.\n(7)\nWater source management plan\nThe term \u201cwater source management plan\u201d means the water source management plan developed under subsection (d)(1).\n(b)\nEstablishment\nThe Secretary shall establish and maintain a program, to be known as the \u201cWater Source Protection Program\u201d, to carry out watershed protection and restoration projects on National Forest System land.\n(c)\nWater source investment partnerships\n(1)\nIn general\nIn 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.\n(2)\nForm\nA partnership agreement described in paragraph (1) may take the form of\u2014\n(A) a memorandum of understanding;\n(B) a cost-share or collection agreement;\n(C) a long-term funding matching commitment; or\n(D) another appropriate instrument, as determined by the Secretary.\n(d)\nWater source management plan\n(1)\nIn general\nIn 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.\n(2)\nRequirement\nA 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.\n(3)\nEnvironmental analysis\nThe Secretary may conduct a single environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (\n(A) for each watershed protection and restoration project included in the water source management plan; or\n(B) as part of the development of, or after the finalization of, the water source management plan.\n(e)\nForest management activities\n(1)\nIn general\nTo 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\u2014\n(A) protecting a municipal water supply system;\n(B) restoring forest health from insect infestations and disease; or\n(C) any combination of the purposes described in subparagraphs (A) and (B).\n(2)\nCompliance\nThe Secretary shall carry out forest management activities under paragraph (1) in accordance with\u2014\n(A) this chapter;\n(B) the applicable water source management plan;\n(C) the applicable forest plan; and\n(D) other applicable laws.\n(f)\nEndangered Species Act of 1973\nIn 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 (\n16 U.S.C. 1531\n(g)\nFunds and services\n(1)\nIn general\nIn 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.\n(2)\nMatching funds required\nThe 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.\n(3)\nManner of use\nThe Secretary may accept and use investments described in paragraph (1) directly or indirectly through the National Forest Foundation.\n(4)\nWater source protection fund\n(A)\nIn general\nSubject 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).\n(B)\nUse of appropriated funds\nThere is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2019 through 2023.\n(C)\nPartnership agreements\nThe Secretary may make multiyear commitments, if necessary, to implement 1 or more partnership agreements under subsection (c).","url":"https://projectusc.org/usc/t16/s6542.html","content":[{"t":"sec","id":"/us/usc/t16/s6542","children":[{"t":"num","text":"\u00a7\u202f6542."},{"t":"heading","text":"Water Source Protection Program"},{"t":"subsec","id":"/us/usc/t16/s6542/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"In this section:"},{"t":"para","id":"/us/usc/t16/s6542/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"End water user"},{"t":"chapeau","text":"The term \u201cend water user\u201d means a non-Federal entity, including\u2014"},{"t":"subpara","id":"/us/usc/t16/s6542/a/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" a State;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s6542/a/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" a political subdivision of a State;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s6542/a/1/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" an Indian tribe;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s6542/a/1/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" a utility;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s6542/a/1/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" a municipal water system;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s6542/a/1/F","children":[{"t":"num","text":"(F)"},{"t":"content","text":" an irrigation district;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s6542/a/1/G","children":[{"t":"num","text":"(G)"},{"t":"content","text":" a nonprofit organization; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s6542/a/1/H","children":[{"t":"num","text":"(H)"},{"t":"content","text":" a corporation.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s6542/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Forest management activity"},{"t":"content","children":[{"t":"p","text":"The term \u201cforest management activity\u201d means a project carried out by the Secretary on National Forest System land.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s6542/a/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Forest plan"},{"t":"content","children":[{"t":"p","text":"The term \u201cforest plan\u201d means a land management plan prepared by the Forest Service for a unit of the National Forest System pursuant to ","children":[{"t":"ref","text":"section 1604 of this title","href":"/us/usc/t16/s1604","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s6542/a/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Non-Federal partner"},{"t":"content","children":[{"t":"p","text":"The term \u201cnon-Federal partner\u201d means an end water user with whom the Secretary has entered into a partnership agreement under subsection (c)(1).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s6542/a/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Program"},{"t":"content","children":[{"t":"p","text":"The term \u201cProgram\u201d means the Water Source Protection Program established under subsection (b).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s6542/a/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Secretary"},{"t":"content","children":[{"t":"p","text":"The term \u201cSecretary\u201d means the Secretary of Agriculture, acting through the Chief of the Forest Service.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s6542/a/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Water source management plan"},{"t":"content","children":[{"t":"p","text":"The term \u201cwater source management plan\u201d means the water source management plan developed under subsection (d)(1).","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s6542/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Establishment"},{"t":"content","children":[{"t":"p","text":"The Secretary shall establish and maintain a program, to be known as the \u201cWater Source Protection Program\u201d, to carry out watershed protection and restoration projects on National Forest System land.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s6542/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Water source investment partnerships"},{"t":"para","id":"/us/usc/t16/s6542/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s6542/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Form"},{"t":"chapeau","text":"A partnership agreement described in paragraph (1) may take the form of\u2014"},{"t":"subpara","id":"/us/usc/t16/s6542/c/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" a memorandum of understanding;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s6542/c/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" a cost-share or collection agreement;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s6542/c/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" a long-term funding matching commitment; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s6542/c/2/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" another appropriate instrument, as determined by the Secretary.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s6542/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Water source management plan"},{"t":"para","id":"/us/usc/t16/s6542/d/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s6542/d/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Requirement"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s6542/d/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Environmental analysis"},{"t":"chapeau","text":"The Secretary may conduct a single environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (","children":[{"t":"ref","text":"42 U.S.C. 4321","href":"/us/usc/t42/s4321","tail":" et seq.)\u2014"}]},{"t":"subpara","id":"/us/usc/t16/s6542/d/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" for each watershed protection and restoration project included in the water source management plan; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s6542/d/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" as part of the development of, or after the finalization of, the water source management plan.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s6542/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Forest management activities"},{"t":"para","id":"/us/usc/t16/s6542/e/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"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\u2014"},{"t":"subpara","id":"/us/usc/t16/s6542/e/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" protecting a municipal water supply system;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s6542/e/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" restoring forest health from insect infestations and disease; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s6542/e/1/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" any combination of the purposes described in subparagraphs (A) and (B).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s6542/e/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Compliance"},{"t":"chapeau","text":"The Secretary shall carry out forest management activities under paragraph (1) in accordance with\u2014"},{"t":"subpara","id":"/us/usc/t16/s6542/e/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" this chapter;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s6542/e/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the applicable water source management plan;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s6542/e/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" the applicable forest plan; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s6542/e/2/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" other applicable laws.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s6542/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Endangered Species Act of 1973"},{"t":"content","children":[{"t":"p","text":"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 (","children":[{"t":"ref","text":"16 U.S.C. 1531","href":"/us/usc/t16/s1531","tail":" et seq.)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s6542/g","children":[{"t":"num","text":"(g)"},{"t":"heading","text":"Funds and services"},{"t":"para","id":"/us/usc/t16/s6542/g/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s6542/g/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Matching funds required"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s6542/g/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Manner of use"},{"t":"content","children":[{"t":"p","text":"The Secretary may accept and use investments described in paragraph (1) directly or indirectly through the National Forest Foundation.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s6542/g/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Water source protection fund"},{"t":"subpara","id":"/us/usc/t16/s6542/g/4/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"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).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s6542/g/4/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Use of appropriated funds"},{"t":"content","children":[{"t":"p","text":"There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2019 through 2023.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s6542/g/4/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Partnership agreements"},{"t":"content","children":[{"t":"p","text":"The Secretary may make multiyear commitments, if necessary, to implement 1 or more partnership agreements under subsection (c).","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}