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

Page 1598 TITLE 16—CONSERVATION § 1009 ment when it is submitted to the Secretary of Agriculture for approval or transmitted to the Congress through the President. (3) The cost of making surveys and investiga- tions and of preparing reports concerning the conservation and development of wildlife re- sources shall be borne by the Secretary of the Interior out of funds appropriated to his Depart- ment. (Aug. 4, 1954, ch. 656, § 12, as added Pub. L. 85–624, § 3, Aug. 12, 1958, 72 Stat. 567.) Executive Documents TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Sec- retary or other official in Department of Agriculture under this chapter to Federal Inspector, Office of Fed- eral Inspector for Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of En- ergy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 1002 of this title. § 1009. Joint investigations and surveys by Sec- retary of the Army and Secretary of Agri- culture; reports to Congress The Secretary of the Army and the Secretary of Agriculture, when authorized to do so by reso- lutions adopted by the Committee on Environ- ment and Public Works of the Senate or the Committee on Public Works and Transportation of the House of Representatives, are authorized and directed to make joint investigations and surveys in accordance with their existing au- thorities of watershed areas in the United States, Puerto Rico, and the Virgin Islands, and to prepare joint reports on such investigations and surveys setting forth their recommenda- tions for the installation of the works of im- provement needed for flood prevention or the conservation, development, utilization, and dis- posal of water, and for flood control and allied purposes. Such joint reports shall be submitted to the Congress through the President for adop- tion and authorization by the Congress of the recommended works of improvement: Provided, That the project authorization procedure estab- lished by Public Law 566, Eighty-third Congress, as amended [16 U.S.C. 1001 et seq.], shall not be affected. (Pub. L. 87–639, § 1, Sept. 5, 1962, 76 Stat. 438; Pub. L. 103–437, § 6(w), Nov. 2, 1994, 108 Stat. 4587.) Editorial Notes REFERENCES IN TEXT Public Law 566, referred to in text, is act Aug. 4, 1954, ch. 656, 68 Stat. 666, known as the Watershed Protection and Flood Prevention Act, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. CODIFICATION Section was not enacted as part of the Watershed Protection and Flood Prevention Act which comprises this chapter. AMENDMENTS 1994—Pub. L. 103–437 substituted ‘‘Committee on En- vironment and Public Works of the Senate or the Com- mittee on Public Works and Transportation of the House’’ for ‘‘Committee on Public Works of the Senate or the Committee on Public Works of the House’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Public Works and Transportation of House of Representatives treated as referring to Com- mittee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Con- gress. AUTHORIZATION OF APPROPRIATIONS Pub. L. 87–639, § 2, Sept. 5, 1962, 76 Stat. 438, provided that: ‘‘There are hereby authorized to be appropriated such sums as may be necessary to carry out the pur- poses of this Act [this section], such sums to remain available until expended.’’ § 1010. Data The Secretary shall collect and maintain data on a national and State by State basis con- cerning— (1) expenditures for the individual flood con- trol and conservation measures for which as- sistance is provided under this chapter; and (2) the expected flood control or environ- mental (including soil erosion) benefits that will result from the implementation of such measures. (Aug. 4, 1954, ch. 656, § 13, as added Pub. L. 101–624, title XIV, § 1463, Nov. 28, 1990, 104 Stat. 3615.) § 1011. Watershed restoration and enhancement agreements (a) In general For fiscal year 1997 and each fiscal year there- after, appropriations made for the Bureau of Land Management including appropriations for the Wildland Fire Management account allo- cated 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 agree- ments 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 pub- lic or private land and the reduction of risk from natural disaster where public safety is threatened that benefit these resources on pub- lic lands within the watershed. (b) Direct and indirect watershed agreements The Secretary of the Interior may enter into a watershed restoration and enhancement agree- ment— (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 pri- vate nonprofit organization. (c) Terms and conditions In order for the Secretary to enter into a wa- tershed restoration and enhancement agree- ment— Page 1599 TITLE 16—CONSERVATION § 1011a 1 So in original. Probably should be capitalized. 1 So in original. Probably should be capitalized. (1) the agreement shall— (A) include such terms and conditions mu- tually agreed to by the Secretary and the landowner; (B) improve the viability of and otherwise benefit the fish, wildlife, and other biotic re- sources on public land in the watershed; (C) authorize the provision of technical as- sistance 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 im- plementing the agreement among the Fed- eral government,1 the landowner, and other entities, as mutually agreed on by the af- fected interests; and (E) ensure that any expenditure by the Secretary pursuant to the agreement is de- termined by the Secretary to be in the pub- lic interest; and (2) the Secretary may require such other terms and conditions as are necessary to pro- tect the public investment on private lands, provided such terms and conditions are mutu- ally agreed to by the Secretary and the land- owner. (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.) 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 Appro- priations 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 ac- count allocated to the National Park Service, Fish and Wildlife Service, and Bureau of Indian Affairs’’ after ‘‘appropriations made for the Bureau of Land Manage- ment’’. 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 en- hancement of fish and wildlife habitat and other re- sources 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, § 331, Oct. 11, 2000, 114 Stat. 996, as amended by Pub. L. 108–447, div. E, title III, § 336, Dec. 8, 2004, 118 Stat. 3102; Pub. L. 111–88, div. A, title IV, § 422, Oct. 30, 2009, 123 Stat. 2961; Pub. L. 113–76, div. G, title IV, § 417, Jan. 17, 2014, 128 Stat. 341, authorized the Secretary of Agriculture and the Secretary of the Interior, through Sept. 30, 2018, to use cooperative agreements and contracts to permit State forestry pro- grams 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 pri- vate lands. 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. § 1011a. Watershed agreements (a) Watershed restoration and enhancement agreements For fiscal year 2006 and each fiscal year there- after, to the extent funds are otherwise avail- able, 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 gov- ernments, 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 re- duction of risk from natural disaster where pub- lic safety is threatened, or a combination there- of 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 agree- ment— (1) directly with a willing private landowner; or (2) indirectly through an agreement with a State, local or tribal government or other pub- lic entity, educational institution, or private nonprofit organization. (c) Terms and conditions In order for the Secretary to enter into a wa- tershed restoration and enhancement agree- ment— (1) the agreement shall— (A) include such terms and conditions mu- tually agreed to by the Secretary and the landowner, state 1 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 water- shed; (C) authorize the provision of technical as- sistance 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 im- plementing the agreement among the Fed- eral 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 de- termined by the Secretary to be in the pub- lic interest; and (2) the Secretary may require such other terms and conditions as are necessary to pro-