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16 U.S.C. § 3871f — Critical conservation areas
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Critical conservation area** — The term “critical conservation area” means a geographical area that contains a critical conservation condition that can be addressed through the program.
(2) **Priority resource concern** — The term “priority resource concern” means a natural resource concern located in a critical conservation area that can be addressed through—
(A) water quality improvement, including through reducing erosion, promoting sediment control, and addressing nutrient management activities affecting large bodies of water of regional, national, or international significance;
(B) water quantity improvement, including improvement relating to—
(i) drought;
(ii) groundwater, surface water, aquifer, or other water sources; or
(iii) water retention and flood prevention;
(C) wildlife habitat restoration to address species of concern at a Federal, State, or local level; and
(D) other natural resource improvements, as determined by the Secretary, within the critical conservation area.
**(b) Applications** In administering funds under [section 3871d(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3871d/d/2&num=0&edition=prelim), the Secretary shall select applications for partnership agreements and program contracts within critical conservation areas designated under this section that address 1 or more priority resource concerns for which the critical conservation area is designated.
**(c) Critical conservation area designations**
(1) **In general** — The Secretary shall identify 1 or more priority resource concerns that apply to each critical conservation area designated under this section after February 7, 2014, including the conservation goals and
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Source file: Laws/federal/codes/united-states-code/title-16/section-3871f-critical-conservation-areas--e2667f74a2.md
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Source location: Title 16, Chapter 58, § 3871f; chapter-058-erodible-land-and-wetland-conservation-and-reserve-program.md
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**(a) Definitions** In this section:
(1) **Critical conservation area** — The term “critical conservation area” means a geographical area that contains a critical conservation condition that can be addressed through the program.
(2) **Priority resource concern** — The term “priority resource concern” means a natural resource concern located in a critical conservation area that can be addressed through—
(A) water quality improvement, including through reducing erosion, promoting sediment control, and addressing nutrient management activities affecting large bodies of water of regional, national, or international significance;
(B) water quantity improvement, including improvement relating to—
(i) drought;
(ii) groundwater, surface water, aquifer, or other water sources; or
(iii) water retention and flood prevention;
(C) wildlife habitat restoration to address species of concern at a Federal, State, or local level; and
(D) other natural resource improvements, as determined by the Secretary, within the critical conservation area.
**(b) Applications** In administering funds under [section 3871d(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3871d/d/2&num=0&edition=prelim), the Secretary shall select applications for partnership agreements and program contracts within critical conservation areas designated under this section that address 1 or more priority resource concerns for which the critical conservation area is designated.
**(c) Critical conservation area designations**
(1) **In general** — The Secretary shall identify 1 or more priority resource concerns that apply to each critical conservation area designated under this section after February 7, 2014, including the conservation goals and outcomes sufficient to demonstrate that progress is being made to address the priority resource concern.
(2) **Priority** — In designating critical conservation areas under this section, the Secretary shall give priority to geographical areas based on the degree to which the geographical area—
(A) includes multiple States with significant agricultural production;
(B) is covered by an existing regional, State, binational, or multistate agreement or plan that has established objectives, goals, and work plans and is adopted by a Federal, State, or regional authority;
(C) contains 1 or more priority resource concerns; or
(D) contains producers that need assistance in meeting or avoiding the need for a natural resource regulatory requirement that could have a negative impact on the economic scope of the agricultural operations within the area.
(3) **Review and withdrawal** — The Secretary may—
(A) review designations of critical conservation areas under this section not more frequently than once every 5 years; and
(B) withdraw designation of a critical conservation area only if the Secretary determines that the area is no longer a critical conservation area.
(4) **Limitation** — The Secretary may not designate more than 8 geographical areas as critical conservation areas under this section.
**(d) Outreach to eligible partners and producers** The Secretary shall provide outreach and education to eligible partners and producers in critical conservation areas designated under this section to encourage the development of projects to address each priority resource concern identified by the Secretary for that critical conservation area.
**(e) Administration**
(1) **In general** — Except as provided in paragraph (2), the Secretary shall administer any partnership agreement or program contract under this section in a manner that is consistent with the terms of the program.
(2) **Relationship to existing activity** — The Secretary shall, to the maximum extent practicable, ensure that eligible activities carried out in critical conservation areas designated under this section complement and are consistent with other Federal and State programs and water quality and quantity strategies.
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Federal law — U.S. Code and appendices · legal_authorities
Erosion, floodwater, and sediment damages in the watersheds of the rivers and streams of the United States, causing loss of life and damage to property, constitute a menace to the national welfare; and it is the sense of Congress 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, of furthering the conservation, development, utilization, and disposal of water, and the conservation and utilization of land and thereby of preserving, protecting, and improving the Nation’s land and water resources and the quality of the environment.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** For purposes of this section:
(1) **Rehabilitation** — The term “rehabilitation”, with respect to a structural measure constructed as part of a covered water resource project, means the completion of all work necessary to extend the service life of the structural measure and meet applicable safety and performance standards. This may include: (A) protecting the integrity of the structural measure or prolonging the useful life of the structural measure beyond the original evaluated life expectancy; (B) correcting damage to the structural measure from a catastrophic event; (C) correcting the deterioration of structural components that are deteriorating at an abnormal rate; (D) upgrading the structural measure to meet changed land use conditions in the watershed served by the structural measure or changed safety criteria applicable to the structural measure; or (E) decommissioning the structure, if requested by the local organization.
(2) **Covered water resource project** — The term “covered water resource project” means a work of improvement carried out under any of the following:
(A) This chapter.
(B) Section 13 of the Act of December 22, 1944 (Public Law 78–534; 58 Stat. 905).
(C) The pilot watershed program authorized under the heading “Flood Prevention” of the Department of Agriculture Appropriation Act, 1954 (Public Law 156; 67 Stat. 214).
(D) Subtitle H of title XV of the Agriculture and Food Act of 1981 ([16 U.S.C. 3451](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3451&num=0&edition=prelim) et seq.; commonly known as the Resource Conservation and Development Program).
(3) **Structural measure** — The term “structural measure” means a physical improvement that impounds water, commonly known as a dam,
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1012
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Partnership agreements authorized** The Secretary may enter into a partnership agreement with an eligible partner to implement a project that will assist producers with installing and maintaining an eligible activity on eligible land.
**(b) Length**
(1) **In general** — A partnership agreement shall be—
(A) for a period not to exceed 5 years; or
(B) for a period that is longer than 5 years, if the longer period is necessary to meet the objectives of the program, as determined by the Secretary.
(2) **Renewal** — A partnership agreement may be renewed under subsection (e)(5) for a period not to exceed 5 years.
(3) **Extension** — A partnership agreement, or any renewal of a partnership agreement, may each be extended 1 time for a period not longer than 12 months, as determined by the Secretary.
**(c) Duties of partners**
(1) **In general** — Under a partnership agreement, the eligible partner shall—
(A) define the scope of a project, including—
(i) 1 or more conservation benefits that the project shall achieve;
(ii) the eligible activities on eligible land to be conducted under the project to achieve conservation benefits;
(iii) the implementation timeline for carrying out the project, including any interim milestones;
(iv) the local, State, multistate, or other geographic area covered; and
(v) the planning, outreach, implementation, and assessment to be conducted;
(B) conduct outreach and education to producers for potential participation in the project;
(C) at the request of a producer, act on behalf of a producer participating in the project in applying for assistance under [section 3871c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3871c&num=0&edition=prelim);
(D) leve
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3871b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Availability of funding** Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out the program, to the maximum extent practicable—
(1) $425,000,000 for fiscal year 2026;
(2) $450,000,000 for fiscal year 2027;
(3) $450,000,000 for fiscal year 2028;
(4) $450,000,000 for fiscal year 2029;
(5) $450,000,000 for fiscal year 2030; and
(6) $450,000,000 for fiscal year 2031.
**(b) Duration of availability** Funds made available under subsection (a) shall remain available until expended.
**(c) Allocation of funding** Of the funds made available for the program under subsection (a), the Secretary shall allocate—
(1) 50 percent of the funds to projects based on a State or multistate competitive process administered by the Secretary at the local level with the advice of the applicable State technical committees established under subchapter VI; and
(2) 50 percent of the funds to projects for critical conservation areas designated under [section 3871f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3871f&num=0&edition=prelim).
**(d) Limitation on administrative expenses**
(1) **In general** — Except as provided in paragraph (2), none of the funds made available for the program, including for a partnership agreement funded through an alternative funding arrangement or grant agreement under [section 3871c(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3871c/d&num=0&edition=prelim), may be used to pay for the administrative expenses of eligible partners.
(2) **Project development and outreach** — Under a partnership agreement that is not funded through an alternative funding arrangement or grant agreement under [section 3871c(d) of this title](https:/
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3871d
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Disclosure** In addition to the criteria used in evaluating applications as described in [section 3871b(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3871b/e/2&num=0&edition=prelim), the Secretary shall make publicly available information on projects selected through the competitive process described in [section 3871b(e)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3871b/e/1&num=0&edition=prelim).
**(b) Reporting** Not later than December 31, 2019, and every two years thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the status of projects funded under the program, including—
(1) a summary of—
(A) the progress made towards achieving the conservation benefits defined for the projects; and
(B) any other related outcomes of the projects;
(2) the number and types of eligible partners and producers participating in the partnership agreements selected;
(3) the number of producers receiving assistance;
(4) total funding committed to projects, including from Federal and non-Federal resources;
(5) a description of how the funds under [section 3871c(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3871c/d&num=0&edition=prelim) are being administered, including—
(A) any oversight mechanisms that the Secretary has implemented;
(B) the process through which the Secretary is resolving appeals by program participants; and
(C) the means by which the Secretary is tracking adherence to any applicable provisions for payment eligibility; and
(6) in the case of a project within a critic
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3871e
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Federal law — U.S. Code and appendices · legal_authorities
Page 2444
TITLE 16—CONSERVATION
§ 3871f
1 So in original. Probably should be preceded by ‘‘section’’.
cern for each designated critical conservation
area, including—
(A) the priority resource concerns for
which each critical conservation area is des-
ignated;
(B) conservation goals and outcomes suffi-
cient to demonstrate that progress is being
made to address the priority resource con-
cerns;
(C) the partnership agreements selected to
address each conservation goal and outcome;
and
(D) the extent to which each conservation
goal and outcome is being addressed by the
partnership agreements.
(c) Compliance with certain requirements
The Secretary may not provide assistance
under the program to a producer unless the pro-
ducer agrees, during the program year for which
the assistance is provided—
(1) to comply with applicable conservation
requirements under subchapter II; and
(2) to comply with applicable wetland pro-
tection requirements under subchapter III.
(d) Historically underserved producers
To the maximum extent practicable, in car-
rying out the program, the Secretary and eligi-
ble partners shall conduct outreach to beginning
farmers and ranchers, veteran farmers and
ranchers, socially disadvantaged farmers and
ranchers, and limited resource farmers and
ranchers to encourage participation by those
producers in a project subject to a partnership
agreement or funding agreement under 3871c(d) 1
of this title.
(e) Regulations
The Secretary shall issue regulations to carry
out the program.
(Pub. L. 99–198, title XII, § 1271E, as added Pub.
L. 113–79, title II, § 2401, Feb. 7, 2014, 128 Stat. 749;
amended Pub. L. 115–334, title II, § 2706, Dec. 20,
2018, 132 Stat. 4599.)
Editorial Notes
AMENDMENTS
2018—Subsec. (a). Pub. L. 115–334, § 2
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 3871f
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