---
kind: "section"
citation: "16 U.S.C. § 6542"
title: "16"
title_heading: "Conservation"
number: "6542"
heading: "Water Source Protection Program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/6542"
units:
  - "Chapter 84 — Healthy Forest Restoration"
  - "Subchapter III — Watershed Forestry Assistance"
---

# §6542. Water Source Protection Program

- (a) **Definitions—** In this section:
  - (1) **End water user—** The term “end water user” means a non-Federal entity, including—
    - (A) a [State](/usc/16/590q.md?p=a);
    - (B) a political [subdivision](/usc/16/539m–1.md?p=15) of a [State](/usc/16/590q.md?p=a);
    - (C) an [Indian tribe](/usc/16/6502.md?p=2);
    - (D) a utility;
    - (E) a municipal water system;
    - (F) an irrigation district;
    - (G) a nonprofit organization; and
    - (H) a corporation.
  - (2) **Forest management activity—** The term “forest management activity” means a [project](/usc/16/410r–5.md?p=c-4) carried out by the [Secretary](/usc/16/6511.md?p=14) on National Forest System land.
  - (3) **Forest plan—** The term “forest plan” means a land [management plan](/usc/16/544.md?p=k) prepared by the Forest Service for a [unit](/usc/16/430f–7.md?p=4) of the National Forest System pursuant to [section 1604 of this title](/usc/16/1604.md).
  - (4) **Non-Federal partner—** The term “non-Federal partner” means an end water user with whom the [Secretary](/usc/16/6511.md?p=14) has entered into a partnership agreement under [subsection (c)(1)](#c-1).
  - (5) **Program—** The term “Program” means the Water Source Protection Program established under [subsection (b)](#b).
  - (6) **Secretary—** The term “[Secretary](/usc/16/6511.md?p=14)” means the [Secretary](/usc/16/6511.md?p=14) of Agriculture, acting through the Chief of the Forest Service.
  - (7) **Water source management plan—** The term “water source [management plan](/usc/16/544.md?p=k)” means the water source [management plan](/usc/16/544.md?p=k) developed under [subsection (d)(1)](#d-1).
- (b) **Establishment—** The [Secretary](/usc/16/6511.md?p=14) shall establish and maintain a program, to be known as the “Water Source Protection Program”, to carry out watershed protection and restoration [projects](/usc/16/410r–5.md?p=c-4) on National Forest System land.
- (c) **Water source investment partnerships—**
  - (1) **In general—** In carrying out the Program, the [Secretary](/usc/16/6511.md?p=14) 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) **Form—** A partnership agreement described in [paragraph (1)](#c-1) may [take](/usc/16/3102.md?p=18) 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](/usc/16/6511.md?p=14).
- (d) **Water source management plan—**
  - (1) **In general—** In carrying out the Program, the [Secretary](/usc/16/6511.md?p=14), in cooperation with the non-Federal partners and applicable [State](/usc/16/590q.md?p=a), local, and Tribal governments, may develop a water source [management plan](/usc/16/544.md?p=k) that describes the proposed implementation of watershed protection and restoration [projects](/usc/16/410r–5.md?p=c-4) under the Program.
  - (2) **Requirement—** A water source [management plan](/usc/16/544.md?p=k) 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](/usc/16/410r–5.md?p=c-4) is carried out.
  - (3) **Environmental analysis—** The [Secretary](/usc/16/6511.md?p=14) may conduct a single environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](/usc/42/4321.md) et seq.)—
    - (A) for each watershed protection and restoration [project](/usc/16/410r–5.md?p=c-4) included in the water source [management plan](/usc/16/544.md?p=k); or
    - (B) as part of the development of, or after the finalization of, the water source [management plan](/usc/16/544.md?p=k).
- (e) **Forest management activities—**
  - (1) **In general—** To the extent that forest management activities are necessary to protect, maintain, or enhance water quality, and in accordance with [paragraph (2)](#e-2), the [Secretary](/usc/16/6511.md?p=14) shall carry out forest management activities as part of watershed protection and restoration [projects](/usc/16/410r–5.md?p=c-4) carried out on National Forest System land, with the primary purpose of—
    - (A) protecting a [municipal water supply system](/usc/16/6511.md?p=12);
    - (B) restoring forest health from insect infestations and disease; or
    - (C) any combination of the purposes described in subparagraphs [(A)](#e-1-A) and [(B)](#e-1-B).
  - (2) **Compliance—** The [Secretary](/usc/16/6511.md?p=14) shall carry out forest management activities under [paragraph (1)](#e-1) in accordance with—
    - (A) this chapter;
    - (B) the applicable water source [management plan](/usc/16/544.md?p=k);
    - (C) the applicable forest plan; and
    - (D) other applicable laws.
- (f) **Endangered Species Act of 1973—** In carrying out the Program, the [Secretary](/usc/16/6511.md?p=14) 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](/usc/16/1531.md) et seq.).
- (g) **Funds and services—**
  - (1) **In general—** In carrying out the Program, the [Secretary](/usc/16/6511.md?p=14) may accept and use funding, services, and other forms of investment and assistance from non-Federal partners to implement the water source [management plan](/usc/16/544.md?p=k).
  - (2) **Matching funds required—** The [Secretary](/usc/16/6511.md?p=14) 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) **Manner of use—** The [Secretary](/usc/16/6511.md?p=14) may accept and use investments described in [paragraph (1)](#g-1) directly or indirectly through the National Forest [Foundation](/usc/16/450ss–1.md?p=1).
  - (4) **Water source protection fund—**
    - (A) **In general—** Subject to the availability of appropriations, the [Secretary](/usc/16/6511.md?p=14) may establish a Water Source Protection Fund to match funds or in-kind support contributed by non-Federal partners under [paragraph (1)](#g-1).
    - (B) **Use of appropriated funds—** There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2019 through 2023.
    - (C) **Partnership agreements—** The [Secretary](/usc/16/6511.md?p=14) may make multiyear commitments, if necessary, to implement 1 or more partnership agreements under [subsection (c)](#c).

## Source credit

(Pub. L. 108–148, title III, § 303, as added Pub. L. 115–334, title VIII, § 8404(a), Dec. 20, 2018, 132 Stat. 4841.)

## Notes

### Editorial Notes

### References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (d)(3), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

This chapter, referred to in subsec. (e)(2)(A), was in the original “this Act”, meaning Pub. L. 108–148, Dec. 3, 2003, 117 Stat. 1887, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note below and Tables.

The Endangered Species Act of 1973, referred to in subsec. (f), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.

### Prior Provisions

A prior section 6542, Pub. L. 108–148, title III, § 303, Dec. 3, 2003, 117 Stat. 1905, provided for tribal watershed forestry assistance and the development of water quality and watershed forestry programs, prior to repeal by Pub. L. 113–79, title VIII, § 8005, Feb. 7, 2014, 128 Stat. 913.