16 U.S.C. § 6543

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 6543 - Watershed Condition Framework

(a) In general

The 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) Coordination

In 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 designation

Notwithstanding 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.

16 U.S.C. § 6543

Pub. L. 108-148, title III, §304, as added Pub. L. 115-334, title VIII, §8405(a), Dec. 20, 2018, 132 Stat. 4843.