Sec. 5. Watershed management
481 words·~2 min read·
/bill/113/s/1301/is/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Within the covered area, each vegetation management project in an area delineated under subsection
(b)shall protect and restore the aquatic and riparian-dependent resources of the delineated area. A project described in paragraph
(1)may result in short-term negative effects on the aquatic and riparian-dependent resources of the delineated area if the Secretary determines, after considering the best available science, that the project would result in a net improvement to the condition of those resources over the long term. The Secretary shall delineate each permanently flowing fishbearing stream and the area extending away from each edge of the active stream channel to include— the top of the inner gorge; the outer edges of the 100-year floodplain; the outer edges of riparian vegetation; a distance equal to the height of 2 site-potential trees; and a slope distance of not less than 300 feet. The Secretary shall delineate each permanently flowing non-fishbearing stream and the area extending away from each edge of the active stream channel to include— the top of the inner gorge; the outer edges of the 100-year flood plain; the outer edges of riparian vegetation; a distance equal to the height of 1 site-potential tree; and a slope distance of not less than 150 feet. The Secretary shall delineate each pond, lake, reservoir, and wetland larger than 1 acre and the area extending away from the high-water edges to include— the outer edges of the riparian vegetation; the extent of the seasonally saturated soil; the extent of moderately and highly unstable areas; a distance equal to the height of 1 site-potential tree; and a slope distance of— if the area located in a watershed identified as key or priority under the applicable land and resource management plan, not less than 100 feet; or not less than 50 feet. The Secretary shall delineate each wetland smaller than 1 acre, landslide, landslide-prone area, intermittent stream channel, and the area extending away from the edges of the wetland, landslide, landslide-prone area, or intermittent stream channel to include— the top of the inner gorge; the outer edges of the riparian vegetation; a distance equal to the height of 1 site-potential tree; and a slope distance of— if the area is located in a watershed identified as key or priority under the applicable land and resource management plan, not less than 100 feet; or not less than 50 feet. Except as provided in paragraph (2), the Secretary shall comply with the aquatic and riparian protection requirements of the applicable land and resource management plan in existence on the date of enactment of this Act in carrying out each vegetation management project in the covered area. The Secretary may modify the aquatic and riparian protection requirements described in paragraph
(1)if the Secretary determines, after considering the best available science, that the modifications would meet or exceed the goals of the aquatic and riparian protection requirements.