TITLE 16 - US CODE - CHAPTER 54 - RESOURCE CONSERVATION

TITLE 16 - US CODE - SUBCHAPTER I - SOIL AND WATER CONSERVATION

16 USC 3401 - Repealed. Pub. L. 104127, title III, 336(f)(1), Apr. 4, 1996, 110 Stat. 1007

Section, Pub. L. 97–98, title XV, § 1501, Dec. 22, 1981, 95 Stat. 1328, reaffirmed congressional policy regarding soil and water conservation.

TITLE 16 - US CODE - SUBCHAPTER II - SPECIAL AREAS CONSERVATION PROGRAM

3411 to 3414. Repealed. Pub. L. 104127, title III, 336(f)(1), Apr. 4, 1996, 110 Stat. 1007

Section 3411, Pub. L. 97–98, title XV, § 1502, Dec. 22, 1981, 95 Stat. 1328, set forth findings relating to special areas conservation. Section 3412, Pub. L. 97–98, title XV, § 1503, Dec. 22, 1981, 95 Stat. 1329, related to program formulation and implementation. Section 3413, Pub. L. 97–98, title XV, § 1504, Dec. 22, 1981, 95 Stat. 1331, related to designation of geographic area as special area. Section 3414, Pub. L. 97–98, title XV, § 1505, Dec. 22, 1981, 95 Stat. 1331, set forth limitations on contracts under program.

16 USC 3415 - Repealed. Pub. L. 10466, title I, 1011(p), Dec. 21, 1995, 109 Stat. 710

Section, Pub. L. 97–98, title XV, § 1506, Dec. 22, 1981, 95 Stat. 1332, directed Secretary to submit copies of special area reports to Congress.

3416 to 3418. Repealed. Pub. L. 104127, title III, 336(f)(1), Apr. 4, 1996, 110 Stat. 1007

Section 3416, Pub. L. 97–98, title XV, § 1506, formerly 1507, Dec. 22, 1981, 95 Stat. 1332; renumbered 1506, Pub. L. 104–66, title I, § 1011(p), Dec. 21, 1995, 109 Stat. 710, related to utilization of services and facilities in carrying out provisions of this subchapter. Section 3417, Pub. L. 97–98, title XV, § 1507, formerly 1508, Dec. 22, 1981, 95 Stat. 1332; renumbered 1507, Pub. L. 104–66, title I, § 1011(p), Dec. 21, 1995, 109 Stat. 710, authorized expenditure of funds for improvement of technology. Section 3418, Pub. L. 97–98, title XV, § 1508, formerly 1509, Dec. 22, 1981, 95 Stat. 1332; renumbered 1508, Pub. L. 104–66, title I, § 1011(p), Dec. 21, 1995, 109 Stat. 710, authorized appropriations to carry out subchapter programs.

16 USC 3419 - Repealed. Pub. L. 10466, title I, 1011(q), Dec. 21, 1995, 109 Stat. 710

Section, Pub. L. 97–98, title XV, § 1510, Dec. 22, 1981, 95 Stat. 1332, directed Secretary to submit reports to Congress concerning operation of special areas conservation program.

16 USC 3420 - Repealed. Pub. L. 104127, title III, 336(f)(1), Apr. 4, 1996, 110 Stat. 1007

Section, Pub. L. 97–98, title XV, § 1509, formerly 1511, Dec. 22, 1981, 95 Stat. 1332; renumbered 1509, Pub. L. 104–66, title I, § 1011(p), Dec. 21, 1995, 109 Stat. 710, provided for protection of program participants.

TITLE 16 - US CODE - SUBCHAPTER III - MATCHING GRANTS FOR CONSERVATION ACTIVITIES

3431 to 3436. Repealed. Pub. L. 104127, title III, 336(f)(1), Apr. 4, 1996, 110 Stat. 1007

Section 3431, Pub. L. 97–98, title XV, § 1514, Dec. 22, 1981, 95 Stat. 1333, authorized formulation and implementation of grants program. Section 3432, Pub. L. 97–98, title XV, § 1515, Dec. 22, 1981, 95 Stat. 1334, related to program and plan review and implementation. Section 3433, Pub. L. 97–98, title XV, § 1516, Dec. 22, 1981, 95 Stat. 1334, related to long-range programs and annual work plans. Section 3434, Pub. L. 97–98, title XV, § 1517, Dec. 22, 1981, 95 Stat. 1334, authorized technical assistance to landowners and operators. Section 3435, Pub. L. 97–98, title XV, § 1518, Dec. 22, 1981, 95 Stat. 1335, related to recordkeeping, audit and examination, and access to books and records. Section 3436, Pub. L. 97–98, title XV, § 1519, Dec. 22, 1981, 95 Stat. 1335, authorized appropriations to carry out provisions of subchapter III.

TITLE 16 - US CODE - SUBCHAPTER IV - RESERVOIR SEDIMENTATION REDUCTION PROGRAM

3441 to 3445. Repealed. Pub. L. 104127, title III, 336(f)(1), Apr. 4, 1996, 110 Stat. 1007

Section 3441, Pub. L. 97–98, title XV, § 1521, Dec. 22, 1981, 95 Stat. 1336, authorized formulation and implementation of reservoir sedimentation reduction program. Section 3442, Pub. L. 97–98, title XV, § 1522, Dec. 22, 1981, 95 Stat. 1336, related to preparation and contents of plan. Section 3443, Pub. L. 97–98, title XV, § 1523, Dec. 22, 1981, 95 Stat. 1336, related to approval of plans by Congress. Section 3444, Pub. L. 97–98, title XV, § 1524, Dec. 22, 1981, 95 Stat. 1336, authorized appropriations for carrying out provisions of subchapter IV. Section 3445, Pub. L. 97–98, title XV, § 1525, Dec. 22, 1981, 95 Stat. 1337, required report to Congress by Jan. 1, 1987, evaluating program.

TITLE 16 - US CODE - SUBCHAPTER V - RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM

16 USC 3451 - Definitions

In this subchapter:
(1) Area plan 
The term area plan means a resource conservation and use plan developed through a locally led planning process by a council for a designated area of 1 or more States, or of land under the jurisdiction of an Indian tribe, that includes 1 or more of the following elements:
(A) A land conservation element, the purpose of which is to control erosion and sedimentation.
(B) A water management element that provides 1 or more clear environmental or conservation benefits, the purpose of which is to provide for
(i) the conservation, use, and quality of water, including irrigation and rural water supplies;
(ii) the mitigation of floods and high water tables;
(iii) the repair and improvement of reservoirs;
(iv) the improvement of agricultural water management; and
(v) the improvement of water quality.
(C) A community development element, the purpose of which is to improve
(i) the development of resources-based industries;
(ii) the protection of rural industries from natural resource hazards;
(iii) the development of adequate rural water and waste disposal systems;
(iv) the improvement of recreation facilities;
(v) the improvement in the quality of rural housing;
(vi) the provision of adequate health and education facilities;
(vii) the satisfaction of essential transportation and communication needs; and
(viii) the promotion of food security, economic development, and education.
(D) A land management element, the purpose of which is
(i) energy conservation, including the production of energy crops;
(ii) the protection of agricultural land, as appropriate, from conversion to other uses;
(iii) farmland protection; and
(iv) the protection of fish and wildlife habitats.
(2) Board 
The term Board means the Resource Conservation and Development Policy Advisory Board established under section 3456 (a) of this title.
(3) Council 
The term council means a nonprofit">nonprofit entity (including an affiliate of the entity) operating in a State that is
(A) established by volunteers or representatives of States, local units of government, Indian tribes, or local nonprofit">nonprofit organizations to carry out an area plan in a designated area; and
(B) designated by the chief executive officer or legislature of the State to receive technical assistance and financial assistance under this subchapter.
(4) Designated area 
The term designated area means a geographic area designated by the Secretary to receive technical assistance and financial assistance under this subchapter.
(5) Financial assistance 
The term financial assistance means a grant or loan provided by the Secretary (or the Secretary and other Federal agencies) to, or a cooperative agreement entered into by the Secretary (or the Secretary and other Federal agencies) with, a council, or association of councils, to carry out an area plan in a designated area, including assistance provided for planning, analysis, feasibility studies, training, education, and other activities necessary to carry out the area plan.
(6) Indian tribe 
The term Indian tribe has the meaning given the term in section 450b of title 25.
(7) Local unit of government 
The term local unit of government means
(A) any county, city, town, township, parish, village, or other general-purpose subdivision of a State; and
(B) any local or regional special district or other limited political subdivision of a State, including any soil conservation district, school district, park authority, and water or sanitary district.
(8) Locally led planning process 
The term planning process means actions taken by a locally led council to develop and carry out an effective area plan in a designated area, including development of the area plan, goals, purposes, policies, implementation activities, evaluations and reviews, and the opportunity for public participation in the actions.
(9) Nonprofit organization 
The term nonprofit">nonprofit organization means any organization that is
(A) described in section 501 (c) of title 26; and
(B) exempt from taxation under section 501 (a) of title 26.
(10) Project 
The term project means a project that is carried out by a council to achieve any of the elements of an area plan.
(11) Secretary 
The term Secretary means the Secretary of Agriculture.
(12) State 
The term State means
(A) any State;
(B) the District of Columbia; or
(C) any territory or possession of the United States.
(13) Technical assistance 
The term technical assistance means any service provided by the Secretary or agent of the Secretary, including
(A) inventorying, evaluating, planning, designing, supervising, laying out, and inspecting projects;
(B) providing maps, reports, and other documents associated with the services provided;
(C) providing assistance for the implementation of area plans and projects; and
(D) providing services that involve the resources of Department of Agriculture programs in a local community, as defined in the locally led planning process.

16 USC 3452 - Resource conservation and development program

The Secretary shall establish a resource conservation and development program under which the Secretary shall provide technical assistance and financial assistance to councils to develop and carry out area plans and projects in designated areas
(1) to conserve and improve the use of land, develop natural resources, and improve and enhance the social, economic, and environmental conditions in primarily rural areas of the United States; and
(2) to encourage and improve the capability of State,[1] units of government, Indian tribes, nonprofit">nonprofit organizations, and councils to carry out the purposes described in paragraph (1).
[1] So in original.

16 USC 3453 - Selection of designated areas

The Secretary shall select designated areas for assistance under this subchapter on the basis of the elements of area plans.

16 USC 3454 - Powers of the Secretary

(a) In general 
In carrying out this subchapter, the Secretary may
(1) provide technical assistance to any council to assist in developing and implementing an area plan for a designated area;
(2) cooperate with other departments and agencies of the Federal Government, States, local units of government, local Indian tribes, and local nonprofit">nonprofit organizations in conducting surveys and inventories, disseminating information, and developing area plans;
(3) assist in carrying out an area plan approved by the Secretary for any designated area by providing technical assistance and financial assistance to any council; and
(4) enter into agreements with councils in accordance with section 3455 of this title.
(b) Coordinator 

(1) In general 
To improve the provision of technical assistance to councils under this subchapter, the Secretary shall designate for each council an individual to be the coordinator for the council.
(2) Responsibility 
A coordinator for a council shall be directly responsible for the provision of technical assistance to the council.

16 USC 3455 - Eligibility; terms and conditions

(a) Eligibility 
Technical assistance and financial assistance may be provided by the Secretary under this subchapter to any council to assist in carrying out a project specified in an area plan approved by the Secretary only if
(1) the council agrees in writing
(A) to carry out the project; and
(B) to finance or arrange for financing of any portion of the cost of carrying out the project for which financial assistance is not provided by the Secretary under this subchapter;
(2) the project is included in an area plan and is approved by the council;
(3) the Secretary determines that assistance is necessary to carry out the area plan;
(4) the project provided for in the area plan is consistent with any comprehensive plan for the area;
(5) the cost of the land or an interest in the land acquired or to be acquired under the plan by any State, local unit of government, Indian tribe, or local nonprofit">nonprofit organization is borne by the State, local unit of government, Indian tribe, or local nonprofit">nonprofit organization, respectively; and
(6) the State, local unit of government, Indian tribe, or local nonprofit">nonprofit organization participating in the area plan agrees to maintain and operate the project.
(b) Loans 

(1) In general 
Subject to paragraphs (2) and (3), a loan made under this subchapter shall be made on such terms and conditions as the Secretary may prescribe.
(2) Term 
A loan for a project made under this subchapter shall have a term of not more than 30 years after the date of completion of the project.
(3) Interest rate 
A loan made under this subchapter shall bear interest at the average rate of interest paid by the United States on obligations of a comparable term, as determined by the Secretary of the Treasury.
(c) Approval by Secretary 
Technical assistance and financial assistance under this subchapter may not be made available to a council to carry out an area plan unless the area plan has been submitted to and approved by the Secretary.
(d) Withdrawal 
The Secretary may withdraw technical assistance and financial assistance with respect to any area plan if the Secretary determines that the assistance is no longer necessary or that sufficient progress has not been made toward developing or implementing the elements of the area plan.

16 USC 3456 - Resource Conservation and Development Policy Advisory Board

(a) Establishment 
The Secretary shall establish within the Department of Agriculture a Resource Conservation and Development Policy Advisory Board.
(b) Composition 

(1) In general 
The Board shall be composed of at least 7 employees of the Department of Agriculture selected by the Secretary.
(2) Chairperson 
A member of the Board shall be designated by the Secretary to serve as chairperson of the Board.
(c) Duties 
The Board shall advise the Secretary regarding the administration of this subchapter, including the formulation of policies for carrying out this subchapter.

16 USC 3457 - Repealed. Pub. L. 110234, title II, 2805(d), May 22, 2008, 122 Stat. 1089, and Pub. L. 110246, 4(a), title II, 2805(d), June 18, 2008, 122 Stat. 1664, 1817

Section, Pub. L. 97–98, title XV, § 1534, as added Pub. L. 107–171, title II, § 2504, May 13, 2002, 116 Stat. 273, related to evaluation of program established under this subchapter and submission of report not later than June 30, 2005.

16 USC 3458 - Limitation on assistance

In carrying out this subchapter, the Secretary shall provide technical assistance and financial assistance with respect to not more than 450 active designated areas.

16 USC 3459 - Supplemental authority of the Secretary

The authority of the Secretary under this subchapter to assist councils in the development and implementation of area plans shall be supplemental to, and not in lieu of, any authority of the Secretary under any other provision of law.

16 USC 3460 - Authorization of appropriations

(a) In general 
There are authorized to be[1] such sums as are necessary to carry out this subchapter.
(b) Loans 
The Secretary shall not use more than $15,000,000 of any funds made available for a fiscal year to make loans under this subchapter.
(c) Availability 
Funds appropriated to carry out this subchapter shall remain available until expended.
[1] So in original. Probably should be followed by “appropriated”.

TITLE 16 - US CODE - SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

16 USC 3471 - Payments for land removed from production for conservation purposes; authorization of appropriations

(a) The Secretary of Agriculture may enter into contracts to provide financial assistance in the form of payments to owners and operators of cropland located in counties where the soil normally freezes to a depth of at least four inches annually who remove such land from agricultural production for a period not to exceed one year for the purpose of installing enduring conservation measures which involve excavation of the soil. The payments under such contracts shall be in such amounts as determined by the Secretary to be necessary to effectuate the purposes of this subchapter but shall not exceed an amount equal to the number of acres of cropland removed from agricultural production for such purpose multiplied by 50 per centum of the typical annual rent, as determined by the Secretary, paid for similar land in the county. Financial assistance may not be provided under this section with respect to any conservation measure without the approval of the soil and water conservation district board for the district in which the land is located, and may not, in the aggregate, be provided in any year with respect to more than one-half of 1 per centum of the cropland in any county.
(b) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section, such sums to remain available until expended.

16 USC 3472 - Conservation tillage; Congressional findings, etc.

(a) Congress finds that
(1) domestic and international demand for agricultural products from the United States is great and is expected to significantly increase over the next twenty years;
(2) the ability of the United States to provide agricultural products to meet that demand is seriously impaired by the annual loss of five billion tons of soil due to wind and water erosion;
(3) the battle against soil erosion is being lost despite the annual expenditure of millions of dollars by the Federal Government on research, technical assistance, and conservation incentives to control soil erosion;
(4) conservation tillage practices are estimated to reduce soil erosion by 50 to 90 per centum over conventional farming practices; and
(5) conservation tillage may result in better yields, greater land use flexibility, decreased fuel use, decreased labor and equipment costs, increased retention of soil moisture, and more productive land than conventional farming practices and may be adaptable to a broad range of soil types and slopes throughout the country.
(b) It is the sense of Congress that the Secretary of Agriculture should, and is hereby urged and requested to
(1) direct the attention of our Nations farmers to the costs and benefits of conservation tillage as a means of controlling soil erosion and improving profitability; and
(2) conduct a program of research designed to resolve any unanswered questions regarding the advantages and disadvantages of conservation tillage over other soil conservation practices.

16 USC 3473 - Regulations

The Secretary of Agriculture shall prescribe such regulations as may be necessary to carry out the provisions of this chapter.