§ 1011. — Watershed restoration and enhancement agreements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1011]
TITLE 16--CONSERVATION
CHAPTER 18--WATERSHED PROTECTION AND FLOOD PREVENTION
Sec. 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
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\1\ So in original. Probably should be capitalized.
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(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, Sec. 101(d) [title I, Sec. 124],
Sept. 30, 1996, 110 Stat. 3009-181, 3009-204; Pub. L. 105-277, div. A,
Sec. 101(e) [title I, Sec. 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, Sec. 101(e) [title III, Sec. 323], Oct. 21,
1998, 112 Stat. 2681-231, 2681-290, as amended by Pub. L. 107-63, title
III, Sec. 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, Sec. 334, Nov. 14, 1997, 111 Stat. 1601.
