republic-os/legal/us/code/title-16/chapter-18/section-1011a.md

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LegalText	16 U.S.C. § 1011a	Watershed agreements	us	united_states_code	code_section	16	CONSERVATION	18	WATERSHED PROTECTION AND FLOOD PREVENTION	1011a	16 U.S.C. § 1011a	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip	/us/usc/t16/s1011a	data/legal/raw/us/code/title-16/usc16.xml	1c43bf46421457b5cfdbe7509f21b9e79d38187d055644a2ee03108c7d358c99	7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503	305c9d3e3537a946e2de0b7e04a68ae793a747f8d11869e0b2a54d93bc97b82d	2026-07-04	official	legal us-code

16 U.S.C. § 1011a - Watershed agreements

Text

(a) Watershed restoration and enhancement agreements For fiscal year 2006 and each fiscal year thereafter, 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 11 So in original. Probably should be capitalized. 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) Applicable law Chapter 63 of title 31 shall not apply to—

(1) a watershed restoration and enhancement agreement entered into under this section; or

(2) an agreement entered into under section 565a–1 of this title.

(e) 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 22 So in original. Probably should not be capitalized. concise description of each project, including the project purpose, location on federal 1 and non-federal 33 So in original. Probably should be “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.

(Pub. L. 105–277, div. A, § 101(e) [title III, § 323], Oct. 21, 1998, 112 Stat. 2681–231, 2681–290; Pub. L. 107–63, title III, § 330, Nov. 5, 2001, 115 Stat. 471; Pub. L. 109–54, title IV, § 434, Aug. 2, 2005, 119 Stat. 557; Pub. L. 111–11, title III, § 3001, Mar. 30, 2009, 123 Stat. 1126.)

Notes

Editorial Notes

Codification Section was formerly set out as a note under section 1011 of this title. Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1999, and also as part of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, and not as part of the Watershed Protection and Flood Prevention Act which comprises this chapter.

Amendments2009—Subsec. (a). Pub. L. 111–11, § 3001(1), substituted “fiscal year 2006 and each fiscal year thereafter” for “each of fiscal years 2006 through 2011”. Subsecs. (d), (e). Pub. L. 111–11, § 3001(2), (3), added subsec. (d) and redesignated former subsec. (d) as (e). 2005—Subsec. (a). Pub. L. 109–54 substituted “each of fiscal years 2006 through 2011” for “fiscal year 1999, 2000 and 2001, and fiscal years 2002 through 2005”. 2001—Subsec. (a). Pub. L. 107–63 inserted “and fiscal years 2002 through 2005,” before “to the extent funds are otherwise available”.

Statutory Notes and Related Subsidiaries

Similar ProvisionsSimilar provisions were contained in the following prior appropriation act: Pub. L. 105–83, title III, § 334, Nov. 14, 1997, 111 Stat. 1601.