VI. Grants and Agreements

Watershed Restoration and Enhancement Agreements (Wyden Amendment)

In 1998, U.S. Senator Ron Wyden added an amendment to a Senate appropriations bill allowing Forest Service money to be spent on non-federal lands as long as the projects benefit the fish, wildlife, and other resources on National Forest lands within an affected watershed (Public Law 105-277, Section 323). This law allows the Forest Service to partner with other entities for projects that benefit resources on both public and private lands. The project's goals must be to restore and enhance watersheds. Benefits can include:

Improving, maintaining, or protecting ecosystem conditions through collaborative administration and/or implementation of projects
Improving collaborative efforts across all ownerships, including efforts on lands that are not adjacent to Forest Service lands
Increasing operational effectiveness and efficiency through the coordination of efforts, services, and products

Other types of projects on non-Forest Service land that would qualify for federal money under the Wyden Amendment include in-stream restoration work and the clearing of fire-prone brush adjacent to National Forest lands.

Specific agreement requirements include:

Authority is available through Fiscal Year 2005.
The Forest Service can use Federal Financial Assistance, mutual benefit, or other agreement instruments.
There is no specific Wyden appropriation. Funds must be available within existing appropriations such as wildlife funds for wildlife projects.
There is no requirement for partners to provide matching funds or in-kind contributions.
Agreement terms must protect public investment on non-federal lands.
All federal, state, and local laws and regulations must be followed.
Liability and long-term maintenance responsibilities need to be addressed.

Using the Wyden Amendment to Work on Non-Federal Lands

Shortly after passage of the Wyden Amendment, the Rogue River National Forest entered into a Cooperative Agreement with the City of Ashland in Oregon to restore two sections of the Ashland Municipal Watershed damaged by landslides during the 1997 New Year's flood. Using this federal authority, the Rogue River National Forest was the first Pacific Northwest National Forest to step off its own property to help restore a watershed.

The National Forest contributed $5,000 to repair the landslide. The partnership was formalized using a cooperative Watershed Restoration and Enhancement Agreement between the City of Ashland and the Forest Service. Paula Brown, Ashland's Public Works Director, noted in their local newspaper, “Although the Forest Service is taking the lead in the restoration project, the city will benefit from it. It's really a partnership, and we're greatly appreciative.” The Rogue River National Forest 's restoration coordinator added that the ability to work on non-federal lands benefited both the Forest Service by helping to meet their forest restoration goals, and the watershed as a whole. In essence, this was the goal behind the Wyden Amendment.

Forest Service Short Form 1580-1 Reduces Paperwork for Some Agreements

This optional form may be used in lieu of a narrative format for Challenge Cost Share, Participating, and Watershed Restoration and Enhancement (Wyden) Agreements. Mandatory provisions are incorporated by reference on the form. Attachments should include the responsibilities of each partner, a detailed financial plan, and any other information relevant to the agreement. A template for this form, along with templates for other common instruments, is available through the online Partnership Resource Center.