16 U.S.C. § 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 including appropriations for the Wildland Fire Management account allocated to the National Park Service, Fish and Wildlife Service, and Bureau of Indian Affairs 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)

1 So in original. Probably should be capitalized.

provide for the sharing of costs of implementing the agreement among the Federal government, 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, 1996110 Stat. 3009–181 Pub. L. 105–277, div. A, § 101(e) [title I, § 136]Oct. 21, 1998112 Stat. 2681–231 Pub. L. 108–7, div. F, title I, § 135Feb. 20, 2003117 Stat. 243 (, , , 3009–204; , , , 2681–266; , , .)

Editorial Notes

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

Pub. L. 108–72003—Subsec. (a). inserted “including appropriations for the Wildland Fire Management account allocated to the National Park Service, Fish and Wildlife Service, and Bureau of Indian Affairs” after “appropriations made for the Bureau of Land Management”.

Pub. L. 105–2771998—Subsec. (a). 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”.

Statutory Notes and Related Subsidiaries

Federal and State Cooperative Watershed Restoration and Protection

Pub. L. 106–291, title III, § 331Oct. 11, 2000114 Stat. 996 Pub. L. 108–447, div. E, title III, § 336Dec. 8, 2004118 Stat. 3102 Pub. L. 111–88, div. A, title IV, § 422Oct. 30, 2009123 Stat. 2961 Pub. L. 113–76, div. G, title IV, § 417Jan. 17, 2014128 Stat. 341 Sept. 30, 2018, , , as amended by , , ; , , ; , , , authorized the Secretary of Agriculture and the Secretary of the Interior, through , to use cooperative agreements and contracts to permit State forestry programs to perform watershed restoration and protection services on National Forest System and Bureau of Land Management lands when similar and complementary services were being performed on adjacent State or private lands.

Watershed Agreements

Pub. L. 105–277, div. A, § 101(e) [title III, § 323]Oct. 21, 1998112 Stat. 2681–231 section 1011a of this title, , , 2681–290, as amended, formerly set out as a note under this section, was transferred and is classified to .