Sec. 323. **[**[16 U.S.C. 1011a](/us/usc/t16/s1011a)**]**
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## Sec. 323 **[**[16 U.S.C. 1011a](/us/usc/t16/s1011a)**]** ###
(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, state8 or local government, or private or nonprofit entity; 8The term “**state**” should be capitalized in subsection (c)(1)(A). #####
(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, United States Code, shall not apply to— ####
(1)a watershed restoration and enhancement agreement entered into under this section; or ####
(2)an agreement entered into under the first section of Public Law 94–148 (16 U.S.C. 565a–1). ###
(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 concise description of each project, including the project purpose, location on federal and non-federal land, key activities, and all parties to the agreement. ####
(2)the9 funding and/or other contributions provided by each party for each project agreement. 9The first letter of subsection (e)(2) should be capitalized.
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U.S. Code
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- Pub. L. 94-148
- 16 USC 565a–1
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Sec. 323
**[**[16 U.S.C. 1011a](/us/usc/t16/s1011a)**]**
Pub. L.Pub. L. 94-148
Cite16 USC 565a–1
Cites 3Cited by 0 across 0 sources