---
kind: "section"
citation: "16 U.S.C. § 1015a"
title: "16"
title_heading: "Conservation"
number: "1015a"
heading: "Program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/1015a"
units:
  - "Chapter 18A — Cooperative Watershed Management Program"
---

# §1015a. Program

- (a) **Establishment—** Not later than 180 days after March 30, 2009, the [Secretary](/usc/16/1015.md?p=5) shall establish a [program](/usc/16/1015.md?p=4), to be known as the “Cooperative Watershed Management [Program](/usc/16/1015.md?p=4)”, under which the [Secretary](/usc/16/1015.md?p=5) shall provide grants—
  - (1)
    - (A) to form a [watershed group](/usc/16/1015.md?p=6); or
    - (B) to enlarge a [watershed group](/usc/16/1015.md?p=6); and
  - (2) to conduct 1 or more [projects](/usc/16/410r–5.md?p=c-4) in accordance with the goals of a [watershed group](/usc/16/1015.md?p=6).
- (b) **Establishment of application process; criteria—** Not later than September 30, 2021, the [Secretary](/usc/16/1015.md?p=5) shall update—
  - (1) the application process for the [program](/usc/16/1015.md?p=4); and
  - (2) in consultation with the [States](/usc/16/544.md?p=r), the prioritization and eligibility criteria for considering applications submitted in accordance with the application process.
- (c) **Distribution of grant funds—**
  - (1) **In general—** In distributing grant funds under this section, the [Secretary](/usc/16/1015.md?p=5)—
    - (A) shall comply with [paragraph (2)](#c-2); and
    - (B) may give priority to [watershed groups](/usc/16/1015.md?p=6) that—
      - (i) represent maximum diversity of interests; or
      - (ii) serve subbasin-sized watersheds with an 8-digit hydrologic unit code, as defined by the United States Geological Survey.
  - (2) **Funding procedure—**
    - (A) **First phase—**
      - (i) **In general—** The [Secretary](/usc/16/1015.md?p=5) may provide to a [grant recipient](/usc/16/1015.md?p=3) a first-phase grant in an amount not greater than $100,000 each year for a period of not more than 3 years.
      - (ii) **Mandatory use of funds—** A [grant recipient](/usc/16/1015.md?p=3) that receives a first-phase grant shall use the funds—
        - (I) to establish or enlarge a [watershed group](/usc/16/1015.md?p=6);
        - (II) to develop a mission statement for the [watershed group](/usc/16/1015.md?p=6);
        - (III) to develop [project](/usc/16/410r–5.md?p=c-4) concepts; and
        - (IV) to develop a restoration plan.
      - (iii) **Annual determination of eligibility—**
        - (I) **Determination—** For each year of a first-phase grant, not later than 270 days after the date on which a [grant recipient](/usc/16/1015.md?p=3) first receives grant funds for the year, the [Secretary](/usc/16/1015.md?p=5) shall determine whether the [grant recipient](/usc/16/1015.md?p=3) has made sufficient progress during the year to justify additional funding.
        - (II) **Effect of determination—** If the [Secretary](/usc/16/1015.md?p=5) determines under [subclause (I)](#c-2-A-iii-I) that the progress of a [grant recipient](/usc/16/1015.md?p=3) during the year covered by the determination justifies additional funding, the [Secretary](/usc/16/1015.md?p=5) shall provide to the [grant recipient](/usc/16/1015.md?p=3) grant funds for the following year.
      - (iv) **Advancement conditions—** A [grant recipient](/usc/16/1015.md?p=3) shall not be eligible to receive a second-phase grant under [subparagraph (B)](#c-2-B) until the date on which the [Secretary](/usc/16/1015.md?p=5) determines that the [watershed group](/usc/16/1015.md?p=6)—
        - (I) has approved articles of incorporation and bylaws governing the organization; and
        - (II)
          - (aa) holds regular meetings;
          - (bb) has completed a mission statement; and
          - (cc) has developed a restoration plan and [project](/usc/16/410r–5.md?p=c-4) concepts for the watershed.
      - (v) **Exception—** A [watershed group](/usc/16/1015.md?p=6) that has not applied for or received first-phase grants may apply for and receive second-phase grants under [subparagraph (B)](#c-2-B) if the [Secretary](/usc/16/1015.md?p=5) determines that the group has satisfied the requirements of first-phase grants.
    - (B) **Second phase—**
      - (i) **In general—** A [watershed group](/usc/16/1015.md?p=6) may apply for and receive second-phase grants of $1,000,000 each year for a period of not more than 4 years if—
        - (I) the [watershed group](/usc/16/1015.md?p=6) has applied for and received watershed grants under [subparagraph (A)](#c-2-A); or
        - (II) the [Secretary](/usc/16/1015.md?p=5) determines that the [watershed group](/usc/16/1015.md?p=6) has satisfied the requirements of first-phase grants.
      - (ii) **Mandatory use of funds—** A [grant recipient](/usc/16/1015.md?p=3) that receives a second-phase grant shall use the funds to plan and carry out [watershed management projects](/usc/16/1015.md?p=7).
      - (iii) **Annual determination of eligibility—**
        - (I) **Determination—** For each year of the second-phase grant, not later than 270 days after the date on which a [grant recipient](/usc/16/1015.md?p=3) first receives grant funds for the year, the [Secretary](/usc/16/1015.md?p=5) shall determine whether the [grant recipient](/usc/16/1015.md?p=3) has made sufficient progress during the year to justify additional funding.
        - (II) **Effect of determination—** If the [Secretary](/usc/16/1015.md?p=5) determines under [subclause (I)](#c-2-B-iii-I) that the progress of a [grant recipient](/usc/16/1015.md?p=3) during the year justifies additional funding, the [Secretary](/usc/16/1015.md?p=5) shall provide to the [grant recipient](/usc/16/1015.md?p=3) grant funds for the following year.
      - (iv) **Advancement condition—** A [grant recipient](/usc/16/1015.md?p=3) shall not be eligible to receive a third-phase grant under [subparagraph (C)](#c-2-C) until the date on which the [Secretary](/usc/16/1015.md?p=5) determines that the [grant recipient](/usc/16/1015.md?p=3) has—
        - (I) completed each requirement of the second-phase grant; and
        - (II) demonstrated that 1 or more pilot [projects](/usc/16/410r–5.md?p=c-4) of the [grant recipient](/usc/16/1015.md?p=3) have resulted in demonstrable improvements, as determined by the [Secretary](/usc/16/1015.md?p=5), in the functioning condition of at least 1 river or stream in the watershed.
    - (C) **Third phase—**
      - (i) **Funding limitation—**
        - (I) **In general—** Except as provided in [subclause (II)](#c-2-C-i-II), the [Secretary](/usc/16/1015.md?p=5) may provide to a [grant recipient](/usc/16/1015.md?p=3) a third-phase grant in an amount not greater than $5,000,000 for a period of not more than 5 years.
        - (II) **Exception—** The [Secretary](/usc/16/1015.md?p=5) may provide to a [grant recipient](/usc/16/1015.md?p=3) a third-phase grant in an amount that is greater than the amount described in [subclause (I)](#c-2-C-i-I) if the [Secretary](/usc/16/1015.md?p=5) determines that the [grant recipient](/usc/16/1015.md?p=3) is capable of using the additional amount to further the purposes of the [program](/usc/16/1015.md?p=4) in a way that could not otherwise be achieved by the [grant recipient](/usc/16/1015.md?p=3) using the amount described in [subclause (I)](#c-2-C-i-I).
      - (ii) **Mandatory use of funds—** A [grant recipient](/usc/16/1015.md?p=3) that receives a third-phase grant shall use the funds to plan and carry out at least 1 [watershed management project](/usc/16/1015.md?p=7).
  - (3) **Authorizing use of funds for administrative and other costs—** A [grant recipient](/usc/16/1015.md?p=3) that receives a grant under this section may use the funds—
    - (A) to pay for—
      - (i) administrative and coordination costs, if the costs are not greater than the lesser of—
        - (I) 20 percent of the total amount of the grant; or
        - (II) $100,000;
      - (ii) the salary of not more than 1 full-time employee of the [watershed group](/usc/16/1015.md?p=6); and
      - (iii) any legal fees arising from the establishment of the relevant [watershed group](/usc/16/1015.md?p=6); and
    - (B) to fund—
      - (i) water quality and quantity studies of the relevant watershed; and
      - (ii) the planning, design, and implementation of any [projects](/usc/16/410r–5.md?p=c-4) relating to water quality or quantity.
- (d) **Cost share—**
  - (1) **Planning—** The Federal share of the cost of an activity provided assistance through a first-phase grant shall be 100 percent.
  - (2) **Projects carried out under second phase—**
    - (A) **In general—** The Federal share of the cost of any activity of a [watershed management project](/usc/16/1015.md?p=7) provided assistance through a second-phase grant shall not exceed 50 percent of the total cost of the activity.
    - (B) **Form of non-Federal share—** The non-Federal share under [subparagraph (A)](#d-2-A) may be in the form of in-kind contributions.
  - (3) **Projects carried out under third phase—**
    - (A) **In general—** The Federal share of the costs of any activity of a [watershed group](/usc/16/1015.md?p=6) of a [grant recipient](/usc/16/1015.md?p=3) relating to a [watershed management project](/usc/16/1015.md?p=7) provided assistance through a third-phase grant shall not exceed 50 percent of the total costs of the [watershed management project](/usc/16/1015.md?p=7).
    - (B) **Form of non-Federal share—** The non-Federal share under [subparagraph (A)](#d-3-A) may be in the form of in-kind contributions.
- (e) **Annual reports—**
  - (1) **In general—** Not later than 1 year after the date on which a [grant recipient](/usc/16/1015.md?p=3) first receives funds under this section, and annually thereafter, in accordance with [paragraph (2)](#e-2), the [watershed group](/usc/16/1015.md?p=6) shall submit to the [Secretary](/usc/16/1015.md?p=5) a report that describes the progress of the [watershed group](/usc/16/1015.md?p=6).
  - (2) **Required degree of detail—** The contents of an annual report required under [paragraph (1)](#e-1) shall contain sufficient information to enable the [Secretary](/usc/16/1015.md?p=5) to complete each report required under [subsection (f)](#f), as determined by the [Secretary](/usc/16/1015.md?p=5).
- (f) **Report—** Not later than 5 years after March 30, 2009, and every 5 years thereafter, the [Secretary](/usc/16/1015.md?p=5) shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes—
  - (1) the ways in which the [program](/usc/16/1015.md?p=4) assists the [Secretary](/usc/16/1015.md?p=5)—
    - (A) in addressing water conflicts;
    - (B) in conserving water;
    - (C) in improving water quality; and
    - (D) in improving the ecological resiliency of a river or stream; and
  - (2) benefits that the [program](/usc/16/1015.md?p=4) provides, including, to the maximum extent practicable, a quantitative analysis of economic, social, and environmental benefits.
- (g) **Authorization of appropriations—** There are authorized to be appropriated to carry out this section—
  - (1) $2,000,000 for each of fiscal years 2008 and 2009;
  - (2) $5,000,000 for fiscal year 2010;
  - (3) $10,000,000 for fiscal year 2011; and
  - (4) $20,000,000 for each of fiscal years 2012 through 2026.

## Source credit

(Pub. L. 111–11, title VI, § 6002, Mar. 30, 2009, 123 Stat. 1166; Pub. L. 116–260, div. D, title II, § 206, div. FF, title XI, § 1107(b), Dec. 27, 2020, 134 Stat. 1363, 3243.)

## Notes

### Editorial Notes

### Amendments

2020—Subsec. (b). Pub. L. 116–260, § 1107(b)(1), added subsec. (b) and struck out former subsec. (b) which required Secretary to establish application process not later than 1 year after Mar. 30, 2009.

Subsec. (g)(4). Pub. L. 116–260, § 1107(b)(2), which directed substitution of “2026” for “2020”, was executed by making the substitution for “2021” to reflect the probable intent of Congress and the intervening amendment by Pub. L. 116–260, § 206. See below.

Pub. L. 116–260, § 206, substituted “2021” for “2020”.