Collapse to view only § 1015a. Program
§ 1015. DefinitionsIn this chapter:
(1) Affected stakeholder
(2) Disadvantaged community
(3) Grant recipient
(4) Program
(5) Secretary
(6) Watershed groupThe term “watershed group” means a self-sustaining, cooperative watershed-wide group that—
(A) is comprised of representatives of the affected stakeholders of the relevant watershed;
(B) incorporates the perspectives of a diverse array of stakeholders, including, to the maximum extent practicable—
(i) representatives of—(I) hydroelectric production;(II) livestock grazing;(III) timber production;(IV) land development;(V) recreation or tourism;(VI) irrigated agricultural production;(VII) the environment;(VIII) potable water purveyors and industrial water users;(IX) private property owners within the watershed; and(X) disadvantaged communities;
(ii) any Federal agency that has authority with respect to the watershed;
(iii) any State agency that has authority with respect to the watershed;
(iv) any local agency that has authority with respect to the watershed; and
(v) any Indian tribe that—(I) owns land within the watershed; or(II) has land in the watershed that is held in trust;
(C) is a grassroots, nonregulatory entity that addresses water availability and quality issues within the relevant watershed;
(D) is capable of promoting the sustainable use of the water resources of the relevant watershed and improving the functioning condition of rivers and streams through—
(i) water conservation;
(ii) improved water quality;
(iii) ecological resiliency; and
(iv) the reduction of water conflicts; and
(E) makes decisions on a consensus basis, as defined in the bylaws of the watershed group.
(7) Watershed management projectThe term “watershed management project” means any project (including a demonstration project) that—
(A) enhances water conservation, including alternative water uses;
(B) improves water quality;
(C) improves ecological resiliency of a river or stream, including benefits to fisheries, wildlife, or habitat;
(D) reduces the potential for water conflicts; or
(E) advances any other goals associated with water quality or quantity that the Secretary determines to be appropriate.
(Pub. L. 111–11, title VI, § 6001, Mar. 30, 2009, 123 Stat. 1165; Pub. L. 116–260, div. FF, title XI, § 1107(a), Dec. 27, 2020, 134 Stat. 3243.)
§ 1015a. Program
(a) EstablishmentNot later than 180 days after March 30, 2009, the Secretary shall establish a program, to be known as the “Cooperative Watershed Management Program”, under which the Secretary shall provide grants—
(1)
(A) to form a watershed group; or
(B) to enlarge a watershed group; and
(2) to conduct 1 or more projects in accordance with the goals of a watershed group.
(b) Establishment of application process; criteriaNot later than September 30, 2021, the Secretary shall update—
(1) the application process for the program; and
(2) in consultation with the States, the prioritization and eligibility criteria for considering applications submitted in accordance with the application process.
(c) Distribution of grant funds
(1) In generalIn distributing grant funds under this section, the Secretary—
(A) shall comply with paragraph (2); and
(B) may give priority to watershed groups 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
(ii) Mandatory use of fundsA grant recipient that receives a first-phase grant shall use the funds—(I) to establish or enlarge a watershed group;(II) to develop a mission statement for the watershed group;(III) to develop project concepts; and(IV) to develop a restoration plan.
(iii) Annual determination of eligibility(I) Determination(II) Effect of determination
(iv) Advancement conditionsA grant recipient shall not be eligible to receive a second-phase grant under subparagraph (B) until the date on which the Secretary determines that the watershed group—(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 concepts for the watershed.
(v) Exception
(B) Second phase
(i) In generalA watershed group 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 has applied for and received watershed grants under subparagraph (A); or(II) the Secretary determines that the watershed group has satisfied the requirements of first-phase grants.
(ii) Mandatory use of funds
(iii) Annual determination of eligibility(I) Determination(II) Effect of determination
(iv) Advancement conditionA grant recipient shall not be eligible to receive a third-phase grant under subparagraph (C) until the date on which the Secretary determines that the grant recipient has—(I) completed each requirement of the second-phase grant; and(II) demonstrated that 1 or more pilot projects of the grant recipient have resulted in demonstrable improvements, as determined by the Secretary, in the functioning condition of at least 1 river or stream in the watershed.
(C) Third phase
(i) Funding limitation(I) In general(II) Exception
(ii) Mandatory use of funds
(3) Authorizing use of funds for administrative and other costsA grant recipient 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; and
(iii) any legal fees arising from the establishment of the relevant watershed group; and
(B) to fund—
(i) water quality and quantity studies of the relevant watershed; and
(ii) the planning, design, and implementation of any projects relating to water quality or quantity.
(d) Cost share
(1) Planning
(2) Projects carried out under second phase
(A) In general
(B) Form of non-Federal share
(3) Projects carried out under third phase
(A) In general
(B) Form of non-Federal share
(e) Annual reports
(1) In general
(2) Required degree of detail
(f) ReportNot later than 5 years after March 30, 2009, and every 5 years thereafter, the Secretary 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 assists the Secretary—
(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 provides, including, to the maximum extent practicable, a quantitative analysis of economic, social, and environmental benefits.
(g) Authorization of appropriationsThere 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.
(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.)
§ 1015b. Effect of chapter
Nothing in this chapter affects the applicability of any Federal, State, or local law with respect to any watershed group.
(Pub. L. 111–11, title VI, § 6003, Mar. 30, 2009, 123 Stat. 1170.)