[Federal Register Volume 65, Number 35 (Tuesday, February 22, 2000)]
[Notices]
[Pages 8834-8839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4113]



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Part IV





Department of Agriculture





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Office of the Secretary



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Forest Service



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Department of the Interior





Office of the Secretary



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Unified Federal Policy for Ensuring a Watershed Approach to Federal 
Land and Resource Management; Notices

  Federal Register / Vol. 65, No. 35 / Tuesday, February 22, 2000 / 
Notices  

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DEPARTMENT OF AGRICULTURE

Office of the Secretary

DEPARTMENT OF THE INTERIOR

Office of the Secretary


Unified Federal Policy for Ensuring a Watershed Approach to 
Federal Land and Resource Management

AGENCIES: Office of the Secretary, USDA; Office of the Secretary, 
Interior.

ACTION: Notice of proposed policy; request for public comment.

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SUMMARY: The President's Clean Water Action Plan announces the 
intention of the Departments of Agriculture and the Interior to develop 
a unified Federal policy on watershed management in consultation with 
other Federal agencies, States, Tribes, and interested stakeholders. 
This policy would provide a framework for a watershed approach to 
Federal land and resource management activities. The proposed policy is 
the collaborative effort of several Federal agencies and is offered for 
public review and comment by the Departments of Agriculture and the 
Interior.

DATES: You should submit comments by April 24, 2000. We will not 
consider comments postmarked or received by messenger, electronic mail, 
FAX, or other means after this date in our decisionmaking on this 
policy. In addition to the request for comments in this notice, we will 
hold regional meetings in four cities to provide information, answer 
questions, and solicit written comments. We will provide time for 
informational meetings with Tribes on the same day as these meetings. 
We anticipate holding these meetings in the following locations: 
Denver, CO; Portland, OR; Atlanta, GA; and Milwaukee, WI. We will 
publish information on meeting locations and dates in a separate 
Federal Register notice and at www.cleanwater.gov/ufp.

ADDRESSES: You may send or hand deliver written comments to: USDA-
Forest Service, Content Analysis Enterprise Team, Attn: UFP, Building 
2, Suite 295, 5500 Amelia Earhart Drive, Salt Lake City, UT 84116. You 
may also fax comments to (801) 517-1021 or submit comments 
electronically to cleanwater/[email protected]. Comments are 
available for public inspection and copying at the address above during 
regular business hours (8:00 a.m. to 5:00 p.m., Monday through Friday, 
except Federal holidays). You are encouraged to call (801) 517-1037 to 
arrange a time to inspect the comments received. All comments will also 
be available electronically for public inspection at the close of the 
comment period at www.cleanwater.gov/ufp.

FOR FURTHER INFORMATION CONTACT: Eric Janes, Rangelands, Soil and Water 
Group, Bureau of Land Management, Department of the Interior or Karen 
Solari, Watershed and Air Management Staff, Forest Service, Department 
of Agriculture, at (801) 517-1037.

SUPPLEMENTARY INFORMATION: The proposed unified Federal policy on 
watershed management is intended to provide a framework to enhance 
watershed management for the protection of water quality and the health 
of aquatic ecosystems on Federal lands and is one of the 111 action 
items in the President's February 1998 Clean Water Action Plan: 
Restoring and Protecting America's Waters. In the following question 
and answer format, we explain the purpose and content of the proposed 
policy. The full text of the proposed policy is set out at the end of 
this notice.

About the Proposed Policy

What are the goals and principles of the Unified Federal Policy for 
Ensuring a Watershed Approach to Federal Land and Resource Management?

    We have proposed the following goals and principles for Federal 
agencies as their programs and resources allow:
     Use a consistent and scientific approach to managing lands 
and resources and for assessing, protecting, and restoring watersheds.
     Identify specific watersheds in which to focus our 
budgetary and other resources and accelerate improvements in water 
quality and watershed condition.
     Use the results of watershed assessments to guide planning 
and management activities.
     Work closely with States, Tribes, local governments, and 
stakeholders to implement this policy.
     Meet our Clean Water Act responsibility to adhere to 
Federal, State, Tribal, interstate, and local water quality 
requirements to the same extent as non-governmental entities.
     Take steps to ensure that Federal land and resource 
management actions are consistent with Federal, State, Tribal, and, 
where appropriate, local government water quality management programs.

What does it mean to take a watershed approach to land and resource 
management?

    A watershed approach focuses efforts to address the highest 
priority problems within a hydrologically defined geographical area, 
taking into consideration both ground and surface water flow. As 
envisioned by the proposed policy, a watershed approach to Federal land 
and resource management emphasizes the following:
     Assessing the function and condition of watersheds;
     Incorporating watershed goals in Federal agency planning 
and programs;
     Enhancing pollution prevention;
     Improving monitoring;
     Restoring watersheds;
     Identifying waters of exceptional value; and
     Expanding collaboration among Federal agencies, States, 
Tribes, and interested stakeholders.

Who prepared the proposed policy?

    An interagency team prepared the proposed policy. The team included 
representatives of more than a dozen Federal bureaus and agencies, 
especially from the major land management agencies and the science, 
regulatory, and resource agencies involved in watershed and water 
quality activities on Federal lands. This proposal is put forth by the 
Departments of Agriculture and the Interior. Other Federal agencies 
that are affected have had an opportunity to review and have concurred 
with this proposal as well.

What discussions occurred with non-Federal agencies?

    The Departments of Agriculture and the Interior solicited comments 
from States and Tribes on a working draft of this policy. We were 
particularly interested in receiving early feedback from States and 
Tribes on the following major issues:
     How we can coordinate and better integrate our policy 
proposals with State and Tribal water quality and watershed programs;
     What the potential impacts of our policy proposals are on 
State and Tribal water quality and watershed programs; and
     Whether any of these policy proposals would seriously 
hinder State and Tribal water quality protection and watershed 
management efforts.
    States and Tribes also have the opportunity to submit detailed 
written comments on the proposed policy during this formal public 
comment period along with other stakeholders.

What issues did States and Tribes raise after their review of the 
working draft?

    A working draft of the proposed policy was sent to the States and 
to Federally recognized Tribes for a

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preliminary review. Although a limited time period was provided for 
this preliminary review, four Tribes and six State agencies did submit 
comments. One State agency commented that the increased collaboration 
and coordination emphasized in the proposed policy would strengthen its 
existing watershed management initiative.
    Many of the comments did highlight the need for additional detail 
and clarity in the final policy, particularly as it applies to Tribal 
and ancestral lands. Two organizations representing Tribes suggested a 
broadening of the science-based approach to watershed assessment by 
including a body of information and techniques known as Traditional 
Ecological Knowledge. An Alaskan central Tribal council suggested that 
the uniqueness of conditions in Alaska needs stronger emphasis. One 
organization representing a Tribe solicited additional information on 
the role of the Bureau of Indian Affairs in developing and implementing 
the policy.
    One State agency identified the need to clarify the distinction 
between priority watersheds and watersheds designated for special 
protection. The same State agency questioned the impact of the proposed 
policy's watershed delineation protocols on its existing delineation of 
watersheds. Another State agency suggested that action on the proposed 
policy should be suspended until pending litigation on the Clean Water 
Action Plan is resolved.
    We are retaining these preliminary comments from the States and 
Tribes for further review and consideration in the context of all the 
comments received during the 60-day public comment period.

What do we mean by consultation with States and Tribes?

    Because States and Tribes have overall responsibility for waters 
under their jurisdiction and are partners with the Federal government 
in the implementation of the Clean Water Act, their involvement is 
instrumental to the success of a Federal watershed management policy. 
Distribution of a working draft of this proposed policy was a first 
step in obtaining input from the States and Tribes. Discussions with 
the States and Tribes will continue during the public comment period.
    The Federal government must conduct government-to-government 
consultations with Federally recognized Tribal governments on policies 
that may impact trust resources. As the policy is implemented, there 
will be ongoing consultation on the proposed actions at individual 
watersheds. We are asking for input on the most effective process that 
would ensure a meaningful consultation process during the public 
comment period and during the implementation of the policy.

Will the proposed policy affect water rights?

    No, nothing in the proposed policy is intended to adjudicate, 
determine, or otherwise affect water rights. The proposed policy does 
not affect currently applicable laws, procedures, or regulations 
creating or determining water rights.

Are all members of the public invited to comment on the policy?

    Yes, all members of the public and local watershed councils and 
groups are invited to comment on the policy and participate in its 
implementation.

Where This Policy Would Apply

What lands and resources does this policy cover?

    This proposed policy would be limited to Federal lands and 
resources and would apply to lands and resources managed by and under 
the jurisdiction of the Federal department and agency heads who sign 
the final policy. Most of these Federal lands and resources are in the 
western United States, and most are managed by the Forest Service 
(Department of Agriculture), the Bureau of Land Management (Department 
of the Interior), and other Department of the Interior agencies. 
However, significant Federal lands and resources occur throughout the 
United States that are under the jurisdiction of the Department of 
Defense; National Park Service, Fish and Wildlife Service, and Bureau 
of Reclamation (Department of the Interior); and the Forest Service 
(Department of Agriculture). We estimate that this policy could apply 
in up to 40 percent of the watersheds in this country because they 
include Federal lands or resources.

Are non-Federal lands (Tribal, State, private) affected?

    The proposed policy would not apply to Tribal, State, or private 
lands. It would apply only to Federal lands and resources; however, 
collaboration and partnerships are essential to this effort. The policy 
is intended to foster more effective participation opportunities for 
Tribes, States, private landowners, and other interested stakeholders 
and to support State and Tribal watershed efforts.

Does the Unified Federal Policy affect Federal trust responsibilities 
to Tribes?

    This policy is not intended to alter any trust responsibilities of 
the Federal government with respect to Federally recognized Tribes.

What Federal agencies are most involved?

    Federal land management agencies, especially the Bureau of Land 
Management (Department of the Interior) and the Forest Service 
(Department of Agriculture), would be most involved by the policy and 
its focus on Federal lands and resources. Other agencies with 
jurisdiction over Federal lands and resources that would adopt this 
policy are: Department of the Interior agencies (such as the National 
Park Service, Fish and Wildlife Service, Office of Surface Mining, and 
the Bureau of Reclamation); Department of Commerce agencies (such as 
the National Marine Fisheries Service); Department of Defense and 
Department of Energy agencies that manage land; and the Tennessee 
Valley Authority.

What other Federal agencies have a role?

    This proposed policy also applies to Federal science and regulatory 
agencies with extensive water resource data and management roles. The 
U.S. Geological Survey (Department of the Interior) provides data and 
information necessary for managing watersheds. The Environmental 
Protection Agency is responsible for interpreting and administering the 
Clean Water Act and provides guidance and oversight for State and 
Tribal water quality management under the act. Federal water management 
agencies, such as the Bureau of Reclamation (Department of the 
Interior) and the Army Corps of Engineers (Department of the Army), 
which manage facilities under project specific authorizations, have a 
role in watershed management efforts as well. The Bureau of Indian 
Affairs (Department of the Interior) has a role in assisting Federal 
land and resource management agencies to collaborate with Tribes.

How would the Unified Federal Policy affect current Federal programs?

    We propose that this policy be implemented to the extent possible 
within the existing Federal land and resource management planning 
programs and resources. The proposed policy would use existing 
authorities and build on and expand successful efforts by focusing 
Federal resources on priority watersheds. In several areas, coordinated 
efforts are already ongoing

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among the Federal agencies and their State, Tribal, and private 
partners. In implementing this policy, we would recognize these efforts 
and existing watershed agreements with States, Tribes, and other 
entities.

Key Elements of The Proposal

What are the key elements of the Unified Federal Policy as described in 
the Clean Water Action Plan?

    The Clean Water Action Plan says that the policy will address:
     Coordination and planning of Federal programs and resource 
management activities on a watershed basis to achieve clean water 
objectives; emphasizing State, Tribal, and Federal priority watersheds, 
taking into account different Federal, State, and Tribal approaches, 
programs, and guidelines; and creating ``living laboratories'' for 
adaptive management of watersheds and water quality.
     Coordinated development and application of enhanced 
watershed assessment, hydrologic analysis, resource inventory, and 
classification; monitoring and evaluation methods; and compatible data 
standards.
     Control of nonpoint sources of pollution through training 
in and implementation of best management practices; working with States 
and Tribes to meet performance goals; and establishing appropriate 
memorandums of agreement.
     Enhanced watershed restoration efforts, including the 
integration of watershed restoration as a key part of land management 
planning and program strategies.
     Development of a process and guidelines for identifying 
and designating waters or watersheds on Federal lands that may have 
significant human health, public use, or aquatic ecosystem values and a 
need for special protection.
     A greater role for citizen stakeholders in completing 
watershed assessments, monitoring pollution sources, and planning and 
implementing restoration efforts through collaborative stewardship 
approaches.

How will the Federal government coordinate its watershed assessments 
with State and Tribal Unified Watershed Assessments (UWAs) conducted 
under the Clean Water Action Plan?

    We will use the results of both the Federal agency watershed 
assessments and the State and Tribal assessments to identify priority 
watersheds for Federal action. The Federal watershed assessments will 
be at a smaller scale than the UWAs (for example, the watershed size 
will be in the 50 to 200 square mile range whereas the size of the UWAs 
is in the 500 to 1,600 square mile range) and will be more detailed 
(for example, we will analyze the cause of watershed problems and the 
potential for recovery). We plan to use these assessments to work with 
the States and Tribes in efforts to protect or improve water quality in 
watersheds that include Federal lands.

What does designating watersheds for special protection mean?

    Throughout the nation, Federal agencies manage all or part of 
watersheds that may have significant human health, public use, or 
aquatic ecosystem values and, therefore, may warrant special 
protection. By identifying these watersheds, Federal land managers can 
provide that special protection. We intend to designate only those 
portions of watersheds that are directly managed by Federal agencies.

How does a watershed designated for special protection differ from a 
priority watershed?

    Priority watersheds are those Federal agencies select for focusing 
resources for the purpose of accelerating improvements in water quality 
and watershed conditions. A watershed designated for special protection 
may require restoration work but may also need action to ensure 
existing water quality and watershed conditions are preserved. The 
focus is on action to ensure protection of existing conditions for 
these watersheds.

Other Issues

Are there definitions that will help me understand the proposed policy?

    Yes. We propose definitions of such words as ``watershed 
assessment'' and ``watershed condition'' in a separate glossary of 
terms set out at the end of this notice. These definitions are meant 
only to help you understand the proposed policy better, and do not 
change the meanings of terms defined by law or regulation. If we use a 
definition in this proposed policy that conflicts with current laws or 
regulations, the current laws or regulations would apply. For example, 
``best management practices'' and ``total maximum daily load'' are 
defined in the Environmental Protection Agency's regulations at 40 CFR 
122.2 and 40 CFR 130.2(i), respectively. If we define a term in the 
proposed policy that is not defined elsewhere by law or regulation, you 
should not consider any such definition to have the effect of a law or 
regulation.

Who will sign the policy?

    The final policy is intended for signature by representatives of 
the Departments of Agriculture, Commerce, Defense, Energy, and the 
Interior; the Environmental Protection Agency; the Tennessee Valley 
Authority; and the Army Corps of Engineers.

May I comment on any aspect of the proposed policy?

    Yes, we seek and welcome comments on every aspect of our approach 
to developing a unified Federal policy to enhance watershed management 
of Federal lands and resources. In particular, we are interested in 
your ideas on:
     Whether this proposed policy takes the right approach to 
coordinating Federal land and resource management activities in a 
watershed;
     Whether the content of the proposed policy is effective 
and appropriate;
     How restoration and protection activities on Federal lands 
can best be coordinated with other activities in high priority 
watersheds identified by States and Tribes or other regionally 
applicable programs;
     What the best way is to develop partnerships with others 
when the Federal agencies begin implementation of this policy;
     What are the most effective processes that would ensure a 
meaningful Tribal consultation process during the public comment period 
and during the implementation of the policy; and
     What criteria should be considered in selecting watersheds 
for the special protection designation.

Will my comments be available to others?

    Your comments will be available for public review at the address 
listed in ADDRESSES above during regular business hours (8:00 a.m. to 
5:00 p.m., Monday through Friday, except Federal holidays). At the end 
of the comment period, we will also post all comments at 
www.cleanwater.gov/ufp. Our practice is to make comments, including 
names and business or home addresses of respondents, available for 
public review during regular business hours. If you wish us to withhold 
your name and/or address, you must state this prominently at the 
beginning of your written comment and provide the reason that you 
believe the Freedom of Information Act would allow us to withhold that 
information from the

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record. We will honor that request to the extent allowable by law. 
However, we will not consider anonymous comments, and we will make all 
submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available for public inspection in their entirety.

    For the Department of Agriculture.

    February 14, 2000.
James R. Lyons,
Under Secretary, NRE.
    For the Department of the Interior.

    February 11, 2000.
Sylvia V. Baca,
Acting Assistant Secretary, Land and Minerals Management.

Proposed Unified Federal Policy For Ensuring a Watershed Approach 
to Federal Land and Resource Management

Introduction

    The goal of the Clean Water Action Plan is to accelerate the 
progress this Nation has made in improving the quality of its waters 
since the passage of the Federal Water Pollution Control Act of 1972, 
as amended (commonly referred to as the Clean Water Act). Federal 
agencies manage large amounts of public lands throughout the country. 
In the interest of protecting water quality, the Clean Water Action 
Plan announced the intention of Federal agencies to adopt a policy that 
will reduce water pollution from Federal activities and foster a 
unified, watershed-based approach to land and resource management. 
Implementation of the following proposed policy will improve water 
quality and aquatic ecosystems on Federal lands and will further the 
use of a watershed approach to Federal land and resource management 
activities.
I. Policy Goals
    We, the Federal agencies who have signed this policy, are committed 
to managing the Federal lands, resources, and facilities in our care as 
models of good stewardship and effective watershed management.
    We recognize that existing programs for watershed protection and 
improvement are currently underway and are producing positive results. 
This policy will enhance these programs by improving consistency among 
Federal agency programs. We recognize that those agencies without 
established programs will face an additional challenge to implement 
this policy and that the pace and level of implementation will vary by 
agency. We seek to build on current efforts to achieve consistency.
    The following policy has two goals: use a watershed approach to 
prevent and reduce water pollution resulting from Federal land and 
resource management activities; and accomplish this in a unified and 
cost-effective manner.
    To develop a unified Federal policy that meets these two goals, we 
incorporated the following guiding principles:
    A. Use a consistent and scientific approach to managing Federal 
lands and resources and to assess, protect, and restore watersheds.
    B. Identify specific watersheds in which to focus our budgetary and 
other resources and accelerate improvements in water quality and 
watershed condition.
    C. Use the results of watershed assessments to guide planning and 
management activities in accordance with applicable authorities and 
procedures.
    D. Work closely with States, Tribes, local governments, and 
stakeholders to implement this policy.
    E. Meet our Clean Water Act responsibility to adhere to Federal, 
State, Tribal, interstate, and local water quality requirements to the 
same extent as non-governmental entities.
    F. Take steps to ensure that Federal land and resource management 
actions are consistent with Federal, State, Tribal, and, where 
appropriate, local government water quality management programs.
II. Agency Objectives
    To accomplish these policy goals, we propose to use available 
resources and authorities to pursue the following objectives. All 
agencies will implement this policy as individual agency laws, 
missions, and fiscal and budgetary authorities and resources permit.
    A. We will develop a common science-based approach to watershed 
assessment for Federal lands.
    1. We will develop consistent procedures for delineating, 
assessing, and classifying watersheds.
    a. We will work together to define and implement interagency 
guidelines for the delineation of watershed and sub-watershed 
hydrologic unit boundaries.
    b. Building on current efforts, we will develop and test watershed 
assessment procedures in watersheds that have been delineated using the 
interagency guidelines.
    c. Watershed assessments will determine existing and potential 
conditions of watersheds that involve Federal lands and resources. We 
will provide the results of these assessments to States and Tribes for 
their use in refining their Unified Watershed Assessments.
    d. We will develop a framework for classifying the condition of 
watersheds with significant Federal lands and resources.
    2. We will conduct watershed assessments for watersheds that have 
significant Federal lands and resources.
    a. Using cooperatively developed procedures and recognizing current 
agreements, we will assess the effect of our current and past actions 
on the condition of watersheds with significant Federal lands and 
resources in cooperation with States, Tribes, local governments, and 
interested stakeholders.
    b. Before conducting assessments, we will develop schedules for 
assessments in priority watersheds and identify needed resources to 
assess all identified watersheds.
    c. We will conduct assessments in priority watersheds on a 10-year 
cycle, unless a different cycle better demonstrates changes in a 
particular watershed's condition over time. We will conduct assessments 
in other watersheds on a planned, periodic cycle.
    d. We will use watershed assessments, where available, to protect 
Federal lands and resources, to improve management, and to assist 
State, Tribal, and local government protection and restoration efforts 
in watersheds designated as priorities by State and Tribal Unified 
Watershed Assessments.
    B. We will use a watershed management approach when protecting and 
restoring watersheds.
    1. We will work collaboratively to identify priority watersheds.
    a. We will work with States, Tribes, local governments, and 
interested stakeholders to identify specific watersheds with 
significant Federal lands and resources as priorities for protection, 
management, and improvement.
    b. We will identify priority watersheds based on factors that 
include:
    (1) The percentage of the watershed under Federal management;
    (2) Issues the Federal agencies identify, including possible 
adverse effects on water quality;
    (3) Magnitude of water quality impairment, impacts to aquatic 
resources, and/or changes to flow regime;
    (4) State and Tribal Unified Watershed Assessments;
    (5) Vulnerability of the watershed to degradation; and

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    (6) The extent of public interest.
    2. We will develop a process and guidelines for identifying and 
designating waters or watersheds on Federal lands that may have 
significant human health, public use, or aquatic ecosystem values and a 
need for special protection.
    3. We will implement pollution prevention and controls, consistent 
with applicable legal authorities.
    a. We will address nonpoint and point source pollution from Federal 
land management activities, protect or improve water quality, and meet 
applicable State and Tribal water quality requirements under the Clean 
Water Act.
    b. We will work with States, Tribes, and, as appropriate, local 
governments to address nonpoint sources of pollution by:
    (1) Identifying best management practices (BMPs) and management 
strategies that meet Federal, State, and Tribal water quality 
requirements;
    (2) Adjusting BMPs when monitoring reveals that they do not 
adequately protect water quality; and
    (3) Mitigating impacts when implementation of BMPs results in 
unexpected adverse water quality impacts.
    4. We will improve watershed conditions through restoration and 
adaptive management. We will work with States, Tribes, local 
governments, and interested stakeholders to improve the condition of 
priority watersheds. Changes in management strategies and restoration 
efforts will focus on watersheds where Federal land and resource 
management activities can meaningfully influence water quality and 
aquatic resources.
    5. We will base watershed management on good science. We will use 
good scientific information from research and management experience in 
designing and implementing watershed planning and management programs, 
and setting management goals (e.g., desired conditions). To expand 
current knowledge, we will collaborate to identify research needs and 
contribute to or sponsor research, as appropriate.
    6. We will identify and incorporate watershed management goals into 
our planning, programs, and actions. We will periodically review and 
amend, as appropriate, policies and management plans for Federal lands 
and resources to meet goals for watershed protection and improvement. 
We will incorporate adaptive management principles into our programs. 
Our watershed goals will seek to minimize adverse water quality impacts 
due to ongoing and future management programs, minimize impairment of 
current or future uses, and restore watersheds where State and Tribal 
water quality requirements under the Clean Water Act are not achieved.
    7. We will help States and Tribes develop science-based total 
maximum daily loads (TMDLs). We will develop a coordinated approach for 
assisting and supporting State and Tribal efforts to develop and 
implement TMDLs in watersheds with significant Federal land and 
resource management activities. We will provide technical assistance, 
tools, and expertise. We will use TMDL results in watershed planning 
and subsequent resource management activities to meet applicable State 
and Tribal water quality requirements under the Clean Water Act.
    C. We will improve our compliance with water quality requirements 
under the Clean Water Act.
    1. We will review agency policies to improve compliance with water 
quality requirements. We will identify and review our rules, policies, 
and procedures that affect water quality or watershed condition for 
compliance under the Clean Water Act with applicable Federal, State, 
Tribal, interstate, and local requirements for preventing and 
controlling water pollution.
    2. We will integrate water quality standards and watershed 
management goals. We will work collaboratively to clarify relationships 
under the Clean Water Act among BMPs, TMDLs, and State and Tribal water 
quality standards to achieve the following goals:
    a. Better coordination of watershed goals and objectives;
    b. Better sharing of scientific and technical resources;
    c. Water quality standards that better account for nonpoint source 
pollution;
    d. Better implementation mechanisms for meeting standards under the 
Clean Water Act, including practical interim measures where standards 
are not immediately achievable; and
    e. Consistent treatment of Federal and non-Federal entities as 
required by the Clean Water Act.
    3. We will review our policies and processes that may affect land 
and water uses and water quality. In cooperation with States and 
Tribes, we will review our policies and processes for land and water 
uses that may affect water quality and watershed condition. We will 
consider revising these policies or processes, as appropriate, to 
ensure that they address watershed protection, improvement, monitoring, 
and water quality compliance.
    D. We will enhance collaboration.
    1. We will improve cooperation among Federal agencies. We will 
develop a common framework for addressing water quality and aquatic 
ecosystem issues for watersheds at the national, regional, State, and 
Tribal levels.
    2. We will improve cooperation with States, Tribes, and local 
governments. We will develop formal agreements as appropriate with 
States, Tribes, and local governments to clarify responsibilities for 
watershed management. These agreements will seek a watershed-based 
approach for preventing or reducing pollution from point and nonpoint 
sources.
    3. We will expand opportunities for participation by interested 
stakeholders. We will seek participation by interested stakeholders in 
watershed planning and management decisions using available mechanisms 
in existing planning processes. We will:
    a. Identify specific opportunities for review and comment by 
interested stakeholders during Federal land and watershed planning 
efforts;
    b. Provide opportunities for interested stakeholders to participate 
in monitoring and assessing watershed conditions and in implementing 
watershed restoration projects; and
    c. Seek early feedback on key decisions affecting watershed 
management through the Watershed Forum process called for in the Clean 
Water Action Plan and carefully consider this feedback in agency 
decision making.
    4. We will expand opportunities for dialogue with private 
landholders. In priority watersheds with a mix of Federal and private 
lands, we will work with private sector landholders to involve them in 
the watershed management process. We will work closely to ensure that 
Federally funded projects involving private cost-share partners fully 
consider watershed management objectives for both public and private 
lands.
    5. We will coordinate monitoring. We will develop and implement a 
coordinated monitoring and evaluation approach and will monitor water 
quality trends and our management activities to determine whether 
progress is being made in protecting and improving water quality.
    6. We will share training, information, and resources. To promote 
collaboration and consistency in watershed management practices, 
Federal agencies will continue, expand, develop, implement, and make 
available joint training programs; share information and resources; 
transfer technologies for watershed management; and develop a

[[Page 8839]]

common way to organize and present information and make it more 
accessible.
    This policy does not create any right or benefit, or trust 
responsibility, substantive or procedural, enforceable by a party 
against the United States, its agencies or instrumentalities, its 
officers or employees, or any other person. This policy does not alter 
or amend any requirement under statute, regulation, Executive Order, or 
OMB or EPA guidance.

----------------------------------------------------------------------
    Department of Agriculture

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    Department of Commerce

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    Department of Defense

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    Department of Energy

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    Department of the Interior

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    Environmental Protection Agency

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    Tennessee Valley Authority

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    Army Corps of Engineers

Glossary of Terms

    These definitions are intended only to help you understand the 
proposed policy better, and do not change the meanings of terms 
defined by law or regulation. If we define a term in the proposed 
policy that is not defined elsewhere by law or regulation, you 
should not consider any such definition to have the effect of a law 
or regulation. Also, if we use a definition in this proposed policy 
that is subsequently found to conflict with current laws or 
regulations, the current laws or regulations would apply. For 
example, ``best management practices'' and ``total maximum daily 
load'' are defined in the Environmental Protection Agency's 
regulations at 40 CFR 122.2 and 40 CFR 130.2(i), respectively.
    Adaptive management: A type of natural resource management in 
which decisions are made as part of an ongoing science-based 
process. Adaptive management involves testing, monitoring, and 
evaluating applied strategies, and incorporating new knowledge into 
management approaches that are based on scientific findings and the 
needs of society. Results are used to modify management policy, 
strategies, and practices.
    Best management practices (BMPs): Methods, measures, or 
practices to prevent or reduce water pollution, including, but not 
limited to:
    1. Structural and nonstructural controls,
    2. Operation and maintenance procedures, and
    3. Other requirements and scheduling and distribution of 
activities.
    Usually BMPs are applied as a system of practices rather than a 
single practice. BMPs are selected on the basis of site-specific 
conditions that reflect natural background conditions and political, 
social, economic, and technical feasibility.
    Hydrologic unit: Watersheds which are classified into four types 
of units: regions, sub-regions, accounting units, and cataloging 
units. The hydrologic units are arranged within each other, from the 
smallest (cataloging units) to the largest (regions). Each 
hydrologic unit is identified by a unique hydrologic unit code (HUC) 
consisting of two to eight digits based on the four levels of 
classification in the hydrologic unit system.
    Priority watersheds: Watersheds selected for the focussing of 
Federal budgetary and other resources for the purpose of 
accelerating improvements in water quality and watershed condition.
    Total maximum daily load: An estimate of the total quantity of 
pollutants (from all sources--point, nonpoint, and natural) that may 
be allowed into waters without exceeding applicable water quality 
criteria.
    Unified Watershed Assessment: The Clean Water Action Plan asked 
States and Tribes to assess their watersheds and identify all 
watersheds as being in one of four categories:
    1. Not meeting, or facing an imminent threat of not meeting, 
clean water or other natural resource goals;
    2. Meeting goals but needing action to sustain water quality;
    3. Having pristine/sensitive aquatic system conditions on 
Federal, State, or Tribal lands; or
    4. Needing more information to assess watershed condition.
    Watershed: A geographic area of land, water, and biota within 
the confines of a drainage divide. The total area above a given 
point of a water body that contributes flow to that point.
    Watershed approach: A framework that focuses public and private 
sector efforts to address the highest priority problems within a 
hydrologically defined geographical area, taking into consideration 
both ground and surface water flow.
    Watershed assessment: An analysis and interpretation of the 
physical and landscape characteristics of a watershed using 
scientific principles to describe watershed conditions as they 
affect water quality and aquatic resources. Initial watershed 
assessments will be conducted using existing data, where available. 
Data gaps may suggest the collection of additional data.
    Watershed condition: The state of the watershed based on 
physical characteristics and processes (e.g., hydrologic, 
geomorphic, landscape, topographic, vegetative cover, and aquatic 
habitat), water flow characteristics and processes (e.g., volume and 
timing), and water quality characteristics and processes (e.g., 
chemical, physical, and biological), as it affects water quality and 
water resources.
[FR Doc. 00-4113 Filed 2-18-00; 8:45 am]
BILLING CODE 3410-11-P