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Effective Date: 3/15/71

Series: Public Lands

Part 605: Watershed Protection Program

Chapter 2: Policy

Originating Office: Bureau of Land Management

2.1 Congressional Policy. Congress has enunciated the policy that erosion, flood water, and sediment damages in the watershed of the rivers and streams of the United States, causing loss of life and damage to property and the environment constitute a menace to the National welfare; and that the Federal Government should cooperate with States and their political subdivisions, soil or water conservation districts, flood prevention or control districts, and other local public agencies for the purpose of preventing such damages to the environment and of furthering the conservation, development, utilization, and disposal of water resources.

2.2 Departmental Policy. It is the policy of the Department that all bureaus will cooperate with the Department of Agriculture and with the States and local organizations to the fullest possible extent in carrying out the provisions of the Act whenever Interior lands and programs are affected and the work plans are consistent with regular programs and plans of the Department of the Interior and other authorities such as those cited in 605 DM 1.2.

2.3 Bases for Federal Assistance. Federal assistance will be provided on the basis of contributing to an adequate National water supply, prevention of water waste, reduction of pollution, equitable distribution of available water supplies, prevention of flood water and sediment damages, diminution of destructive force of water, and an enhancement of resources values in terms of their wise use to meet the needs of an expanding economy.

2.4 Water Rights. Water laws of the various States and all of the rights of any landowner, appropriator, or legal user of water from any source shall be considered fully in planning programs.

2.5 Indian Land. The private status of restricted Indian land shall be recognized.

2.6 Easements and Rights-of-way. The Act requires the local organization to acquire without cost to the Federal Government such land, easements or rights-of-way as may be needed in connection with works of improvement to be installed with Federal assistance, except for public recreation or public fish and wildlife development wherein such interest in land may be cost-shared up to 50 percent by the Secretary of Agriculture.

Each bureau shall be responsible for assessing the need for and the effect of proposed easements or rights-of-way on lands under its jurisdiction. Easements or rights-of-way shall be granted to the local organization in accordance with the usual conditions, specifications and procedures observed by the bureau.

2.7 Mitigation of Fish and Wildlife Losses. The costs of measures found to be necessary and acceptable by the Secretary of Agriculture and the project sponsor, to prevent or mitigate losses of fish and wildlife resources shall be treated as project costs.

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3/15/71 #3492

Replaces 3/15/71 #1272