Title 16 — Conservation
Chapter 18 — Watershed Protection and Flood Prevention
§ 1011. Watershed restoration and enhancement agreements
Statutory text
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.
Direct and indirect watershed agreements
The Secretary of the Interior may enter into a watershed restoration and enhancement agreement—
directly with a willing private landowner; or
indirectly through an agreement with a state, local, or tribal government or other public entity, educational institution, or private nonprofit organization.
Terms and conditions
In order for the Secretary to enter into a watershed restoration and enhancement agreement—
the agreement shall—
include such terms and conditions mutually agreed to by the Secretary and the landowner;
improve the viability of and otherwise benefit the fish, wildlife, and other biotic resources on public land in the watershed;
authorize the provision of technical assistance by the Secretary in the planning of management activities that will further the purposes of the agreement;
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
ensure that any expenditure by the Secretary pursuant to the agreement is determined by the Secretary to be in the public interest; and
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.
Footnotes
- 1 So in original. Probably should be capitalized.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Amber Hagerman Child Protection Act of 1996
Pub. L. 104–208 div. A title I § 101(d)(tI)(s124) · 110 Stat. 3009
Enacted · 16 U.S.C. § 1011
Pub. L. 104–208, div. A, title I, § 101(d) [title I, § 124], Sept. 30, 1996, 110 Stat. 3009–181, 3009–204
Source evidence
Code source credit
Pub. L. 104–208, div. A, title I, § 101(d) [title I, § 124], Sept. 30, 1996, 110 Stat. 3009–181, 3009–204Enacted provision · exact public law section
Sec. 101. (a) For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:Pub. L. 105–277 div. A § 101(e)(tI)(s136) · 112 Stat. 2681
Substituted · 16 U.S.C. § 1011(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.District of Columbia Appropriations Act, 2003
Pub. L. 108–7 div. F title I § 135 · 117 Stat. 11
Inserted · 16 U.S.C. § 1011(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
Sec. 135. Notwithstanding any other law, the District of Columbia Courts shall transfer to the general treasury of the District of Columbia all fines levied and collected by the Courts in cases charging Driving Under the Influence and Driving While Impaired. The transferred funds shall remain available until expended and shall be used by the Office of the Corporation Counsel for enforcement and prosecution of District traffic alcohol laws in accordance with section 10(b)(3) of the District of Columbia Traffic Control Act (D.C. Official Code, sec. 50–2201.05(b)(3)).
3 of 3 references resolved to an enrolled provision
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.
Amendments1998–2003 · 2 rounds
2003
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 Protection
Pub. L. 106–291, title III, § 331, , 114 Stat. 996, as amended by Pub. L. 108–447, div. E, title III, § 336, , 118 Stat. 3102; Pub. L. 111–88, div. A, title IV, § 422, , 123 Stat. 2961; Pub. L. 113–76, div. G, title IV, § 417, , 128 Stat. 341, authorized the Secretary of Agriculture and the Secretary of the Interior, through , 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 Agreements
Pub. L. 105–277, div. A, § 101(e) [title III, § 323], , 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.
Credits
1996–2003 · 3 acts
- 1996Pub. L. 104–208, div. A, title I, § 101(d) [title I, § 124], , 110 Stat. 3009–181, 3009–204
- 1998Pub. L. 105–277, div. A, § 101(e) [title I, § 136], , 112 Stat. 2681–231, 2681–266
- 2003Pub. L. 108–7, div. F, title I, § 135, , 117 Stat. 243.
Show as published
(Pub. L. 104–208, div. A, title I, § 101(d) [title I, § 124], , 110 Stat. 3009–181, 3009–204; Pub. L. 105–277, div. A, § 101(e) [title I, § 136], , 112 Stat. 2681–231, 2681–266; Pub. L. 108–7, div. F, title I, § 135, , 117 Stat. 243.)