2002 US Code
Title 16 - CONSERVATION
CHAPTER 18 - WATERSHED PROTECTION AND FLOOD PREVENTION
Sec. 1011 - Watershed restoration and enhancement agreements

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§1011. Watershed restoration and enhancement agreements (a) In general

For fiscal year 1997 and each fiscal year thereafter, appropriations made for the Bureau of Land Management may be used by the Secretary of the Interior for the purpose of entering into cooperative agreements with the heads of other Federal agencies, tribal, State, and local governments, private and nonprofit entities, and landowners for the protection, restoration, and enhancement of fish and wildlife habitat and other resources on public or private land and the reduction of risk from natural disaster where public safety is threatened that benefit these resources on public lands within the watershed.

(b) Direct and indirect watershed agreements

The Secretary of the Interior may enter into a watershed restoration and enhancement agreement—

(1) directly with a willing private landowner; or

(2) indirectly through an agreement with a state, local, or tribal government or other public entity, educational institution, or private nonprofit organization.

(c) Terms and conditions

In order for the Secretary to enter into a watershed restoration and enhancement agreement—

(1) the agreement shall—

(A) include such terms and conditions mutually agreed to by the Secretary and the landowner;

(B) improve the viability of and otherwise benefit the fish, wildlife, and other biotic resources on public land in the watershed;

(C) authorize the provision of technical assistance by the Secretary in the planning of management activities that will further the purposes of the agreement;

(D) provide for the sharing of costs of implementing the agreement among the Federal government,1 the landowner, and other entities, as mutually agreed on by the affected interests; and

(E) ensure that any expenditure by the Secretary pursuant to the agreement is determined by the Secretary to be in the public interest; and

(2) the Secretary may require such other terms and conditions as are necessary to protect the public investment on private lands, provided such terms and conditions are mutually agreed to by the Secretary and the landowner.

(Pub. L. 104–208, div. A, title I, §101(d) [title I, §124], Sept. 30, 1996, 110 Stat. 3009–181, 3009–204; Pub. L. 105–277, div. A, §101(e) [title I, §136], Oct. 21, 1998, 112 Stat. 2681–231, 2681–266.)

Codification

Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1997, and also as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of the Watershed Protection and Flood Prevention Act which comprises this chapter.

Amendments

1998—Subsec. (a). Pub. L. 105–277 substituted “with the heads of other Federal agencies, tribal, State, and local governments, private and nonprofit entities, and landowners for the protection, restoration, and enhancement of fish and wildlife habitat and other resources on public or private land and the reduction of risk from natural disaster where public safety is threatened” for “with willing private landowners for restoration and enhancement of fish, wildlife, and other biotic resources on public or private land or both”.

Watershed Agreements

Pub. L. 105–277, div. A, §101(e) [title III, §323], Oct. 21, 1998, 112 Stat. 2681–231, 2681–290, as amended by Pub. L. 107–63, title III, §330, Nov. 5, 2001, 115 Stat. 471, provided that:

“(a) Watershed Restoration and Enhancement Agreements.—For fiscal year 1999, 2000 and 2001, and fiscal years 2002 through 2005, to the extent funds are otherwise available, appropriations for the Forest Service may be used by the Secretary of Agriculture for the purpose of entering into cooperative agreements with willing Federal, tribal, State and local governments, private and nonprofit entities and landowners for the protection, restoration and enhancement of fish and wildlife habitat, and other resources on public or private land, the reduction of risk from natural disaster where public safety is threatened, or a combination thereof or both that benefit these resources within the watershed.

“(b) Direct and Indirect Watershed Agreements.—The Secretary of Agriculture may enter into a watershed restoration and enhancement agreement—

“(1) directly with a willing private landowner; or

“(2) indirectly through an agreement with a State, local or tribal government or other public entity, educational institution, or private nonprofit organization.

“(c) Terms and Conditions.—In order for the Secretary to enter into a watershed restoration and enhancement agreement—

“(1) the agreement shall—

“(A) include such terms and conditions mutually agreed to by the Secretary and the landowner, state or local government, or private or nonprofit entity;

“(B) improve the viability of and otherwise benefit the fish, wildlife, and other resources on national forests lands within the watershed;

“(C) authorize the provision of technical assistance by the Secretary in the planning of management activities that will further the purposes of the agreement;

“(D) provide for the sharing of costs of implementing the agreement among the Federal Government, the landowner(s), and other entities, as mutually agreed on by the affected interests; and

“(E) ensure that any expenditure by the Secretary pursuant to the agreement is determined by the Secretary to be in the public interest; and

“(2) the Secretary may require such other terms and conditions as are necessary to protect the public investment on non-Federal lands, provided such terms and conditions are mutually agreed to by the Secretary and other landowners, State and local governments or both.

“(d) Reporting Requirements.—Not later than December 31, 1999, the Secretary shall submit a report to the Committees on Appropriations of the House and Senate, which contains—

“(1) A concise description of each project, including the project purpose, location on federal and non-federal land, key activities, and all parties to the agreement.

“(2) the funding and/or other contributions provided by each party for each project agreement.”

Similar provisions were contained in the following prior appropriation act:

Pub. L. 105–83, title III, §334, Nov. 14, 1997, 111 Stat. 1601.

1 So in original. Probably should be capitalized.