1. U.S. Code
  2. title 16
  3. chapter 54
  4. subchapter V
  5. § 3453

Collapse to view only § 3453. Selection of designated areas

§ 3451. DefinitionsIn this subchapter:
(1) Area planThe 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
(3) CouncilThe term “council” means a 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 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
(5) Financial assistance
(6) Indian tribe
(7) Local unit of governmentThe 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
(9) Nonprofit organizationThe term “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
(11) Secretary
(12) StateThe term “State” means—
(A) any State;
(B) the District of Columbia; or
(C) any territory or possession of the United States.
(13) Technical assistanceThe 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.
(Pub. L. 97–98, title XV, § 1528, as added Pub. L. 107–171, title II, § 2504, May 13, 2002, 116 Stat. 269; Pub. L. 110–234, title II, § 2805(a), (b), May 22, 2008, 122 Stat. 1088; Pub. L. 110–246, § 4(a), title II, § 2805(a), (b), June 18, 2008, 122 Stat. 1664, 1816.)

CITE AS: 16 USC 3451

§ 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
1 So in original.
units of government, Indian tribes, nonprofit organizations, and councils to carry out the purposes described in paragraph (1).
(Pub. L. 97–98, title XV, § 1529, as added Pub. L. 107–171, title II, § 2504, May 13, 2002, 116 Stat. 272.)

CITE AS: 16 USC 3452

§ 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.

(Pub. L. 97–98, title XV, § 1530, as added Pub. L. 107–171, title II, § 2504, May 13, 2002, 116 Stat. 272.)

CITE AS: 16 USC 3453

§ 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 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
(2) Responsibility
(Pub. L. 97–98, title XV, § 1531, as added Pub. L. 107–171, title II, § 2504, May 13, 2002, 116 Stat. 272; amended Pub. L. 110–234, title II, § 2805(c), May 22, 2008, 122 Stat. 1088; Pub. L. 110–246, § 4(a), title II, § 2805(c), June 18, 2008, 122 Stat. 1664, 1816.)

CITE AS: 16 USC 3454

§ 3455. Eligibility; terms and conditions
(a) EligibilityTechnical 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 organization is borne by the State, local unit of government, Indian tribe, or local nonprofit organization, respectively; and
(6) the State, local unit of government, Indian tribe, or local nonprofit organization participating in the area plan agrees to maintain and operate the project.
(b) Loans
(1) In general
(2) Term
(3) Interest rate
(c) Approval by Secretary
(d) Withdrawal
(Pub. L. 97–98, title XV, § 1532, as added Pub. L. 107–171, title II, § 2504, May 13, 2002, 116 Stat. 272.)

CITE AS: 16 USC 3455

§ 3456. Resource Conservation and Development Policy Advisory Board
(a) Establishment
(b) Composition
(1) In general
(2) Chairperson
(c) Duties
(Pub. L. 97–98, title XV, § 1533, as added Pub. L. 107–171, title II, § 2504, May 13, 2002,

CITE AS: 16 USC 3456

§ 3457. Repealed. Pub. L. 110–234, title II, § 2805(d), May 22, 2008, 122 Stat. 1089, and Pub. L. 110–246, § 4(a), title II, § 2805(d), June 18, 2008, 122 Stat. 1664, 1817

CITE AS: 16 USC 3457

§ 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.

(Pub. L. 97–98, title XV, § 1535, as added Pub. L. 107–171, title II, § 2504, May 13, 2002, 116 Stat. 274.)

CITE AS: 16 USC 3458

§ 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.

(Pub. L. 97–98, title XV, § 1536, as added Pub. L. 107–171, title II, § 2504, May 13, 2002, 116 Stat. 274.)

CITE AS: 16 USC 3459

§ 3460. Authorization of appropriations
(a) In general
(b) Loans
(c) Availability
(Pub. L. 97–98, title XV, § 1537, as added Pub. L. 107–171, title II, § 2504, May 13, 2002, 116 Stat. 274.)

CITE AS: 16 USC 3460