16-U.S.C.-1011
§1011 – Watershed Restoration and Enhancement Agreements
Pathway
Title 16 > Chapter 18 > Section 1011
Details
- Reference: Section 1011
- Legend: §1011 – Watershed Restoration and Enhancement Agreements
- USCode Year: 2013
Provision Content
(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) 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, 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; Pub. L. 108–7, div. F, title I, §135, Feb. 20, 2003, 117 Stat. 243.)
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
2003—Subsec. (a). Pub. L. 108–7 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.
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, formerly set out as a note under this section, was transferred and is classified to section 1011a of this title.
U.S. Encyclopedia of Law Coverage
16-U.S.C.-1011 in the Legal Encyclopedia: Conservation
In this entry about 16-U.S.C.-1011, find legal reference material, bibliographies and premiere content related to conservation in the American Encyclopedia of Law, presenting a comprehensive view of the United States conservation-specific issues, written by authorities in the field.
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