(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  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.
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.
2009—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. 109–54substituted “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. 107–63inserted “and fiscal years 2002 through 2005,” before “to the extent funds are otherwise available”.
Similar provisions were contained in the following prior appropriation act:
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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