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16 U.S.C. § 6543 — Watershed Condition Framework

submitted 8 years ago by Pub. L. 108-148 to r/title-16-CONSERVATION · 409 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary may create and maintain a Watershed Condition Framework for National Forest System land. The framework evaluates watershed health, selects priority watersheds, plans and carries out restoration, and monitors results, with a special emergency path after certain wildfires.

(a) In general. The Secretary of Agriculture, acting through the Chief of the Forest Service (called the "Secretary" in this section), may establish and maintain a Watershed Condition Framework for National Forest System land: (1) to evaluate and classify watershed condition, considering (A) water quality and quantity; (B) aquatic habitat and living organisms; (C) streamside and wetland vegetation; (D) roads and trails; (E) soil type and condition; (F) ecosystems that depend on groundwater; (G) relevant land-based indicators, such as fire patterns, catastrophic-fire risk, forest and rangeland vegetation, invasive species, and insects and disease; and (H) other significant factors the Secretary determines; (2) to identify for protection and restoration up to five priority watersheds in each National Forest and up to two in each national grassland, considering the effects of watershed condition on (A) wildfire behavior; (B) flood risk; (C) fish and wildlife; (D) drinking-water supplies; (E) irrigation-water supplies; (F) communities dependent on forests; and (G) other significant effects the Secretary determines; (3) to develop a protection-and-restoration action plan for each priority watershed that (A) considers restoration already under way and (B) includes at least (i) the main stresses causing the watershed's impaired condition; (ii) essential projects that will address those stresses and improve the watershed after completion; (iii) a proposed schedule; (iv) possible partners and funding sources; and (v) a monitoring and evaluation program; (4) to set priorities for protection and restoration work under each plan; (5) to carry out each plan; and (6) to monitor how effective the work is and to monitor indicators of watershed health. (b) Coordination. In carrying out subsection (a), the Secretary must coordinate with interested non-Federal landowners and State, Tribal, and local governments in the relevant watershed, and must provide an active, continuing public-engagement process. (c) Emergency designation. Despite subsection (a)(2), the Secretary may identify a watershed as a rehabilitation priority in the Framework without using that subsection's process if a Forest Supervisor determines that (1) a wildfire significantly worsened the watershed's condition, and (2) emergency stabilization work by the Burned Area Emergency Response Team is not enough to return the watershed to proper function. This section does not define the quoted terms "Watershed Condition Framework," "National Forest System land," "Forest Supervisor," or "Burned Area Emergency Response Team."

the actual law source: uscode.house.gov ↗public domain
(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.

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

history & why it existsrecord from the source credit
  • 2018Enacted · Pub. L. 108-148 · 132 Stat. 4843

A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-148 on 2018-12-20.

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