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16 U.S.C. § 1011Watershed restoration and enhancement agreements

submitted 30 years ago by Pub. L. 104-208 to r/title-16-CONSERVATION · 342 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Interior Secretary may make watershed agreements with public and private partners to protect resources, reduce disaster risk, and benefit public lands. Agreements may be direct or through another organization and must include agreed terms, benefits, technical help, cost sharing, and public-interest spending.

(a) In general. For fiscal year 1997 and every later fiscal year, funds appropriated for the Bureau of Land Management, including Wildland Fire Management funds allocated to the National Park Service, Fish and Wildlife Service, and Bureau of Indian Affairs, may be used by the Interior Secretary for cooperative agreements. The partners may be heads of other Federal agencies; Tribal, State, or local governments; private or nonprofit entities; and landowners. The agreements may protect, restore, or improve fish and wildlife habitat and other resources on public or private land, and reduce natural-disaster risk where public safety is threatened, when those actions benefit resources on public land within the watershed. (b) Direct and indirect watershed agreements. The Secretary may make an agreement (1) directly with a willing private landowner, or (2) indirectly through a State, local, or Tribal government, another public entity, an educational institution, or a private nonprofit organization. (c) Terms and conditions. The agreement must (1) include terms mutually agreed to by the Secretary and landowner; (2) improve the viability of and otherwise benefit fish, wildlife, and other living resources on public land in the watershed; (3) authorize the Secretary to provide technical help in planning management activities that further the agreement; (4) provide for costs to be shared by the Federal Government, landowner, and other entities as the affected parties agree; and (5) ensure that the Secretary determines each expenditure under the agreement to be in the public interest. The Secretary may require other terms needed to protect the public investment on private land, but the Secretary and landowner must mutually agree to them.
the actual law source: uscode.house.gov ↗public domain
(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,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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1996Enacted · Pub. L. 104-208 · 110 Stat. 3009
  • 1998Amended · Pub. L. 105-277 · 112 Stat. 2681
  • 2003Amended · Pub. L. 108-7 · 117 Stat. 243

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-208 on 1996-09-30.

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