§ 6542 — Water Source Protection Program

(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. (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. (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. (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.). (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. (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).