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

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LegalText	16 U.S.C. § 1011	Watershed restoration and enhancement agreements	us	united_states_code	code_section	16	CONSERVATION	18	WATERSHED PROTECTION AND FLOOD PREVENTION	1011	16 U.S.C. § 1011	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/s1011	data/legal/raw/us/code/title-16/usc16.xml	5882db91a69bc649167cb65aabef1c17d01a55737f719f82fc6b45873d637a2d	7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503	2f6fb7750f2804f12ce53b0e79fa70c2f9b59e1249fc8a623d488e74ef03a15a	2026-07-04	official	legal us-code

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

Text

(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,11 So in original. Probably should be capitalized. 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.)

Notes

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 Appropriations Act, 1997, and not as part of the Watershed Protection and Flood Prevention Act which comprises this chapter.

Amendments2003—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”.

Statutory Notes and Related Subsidiaries

Federal and State Cooperative Watershed Restoration and ProtectionPub. 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 programs 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 private lands.

Watershed AgreementsPub. 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.