16 U.S.C. § 3451 — Definitions

Page 2296 TITLE 16—CONSERVATION § 3401 Sec. 3472. Conservation tillage; Congressional findings, etc. 3473. Regulations. 3474. Conservation incentives landowner education program. SUBCHAPTER I—SOIL AND WATER CONSERVATION § 3401. Repealed. Pub. L. 104–127, 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. SUBCHAPTER II—SPECIAL AREAS CONSERVATION PROGRAM §§ 3411 to 3414. Repealed. Pub. L. 104–127, 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. § 3415. Repealed. Pub. L. 104–66, 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 spe- cial area reports to Congress. §§ 3416 to 3418. Repealed. Pub. L. 104–127, 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, re- lated 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, au- thorized expenditure of funds for improvement of tech- nology. 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, au- thorized appropriations to carry out subchapter pro- grams. § 3419. Repealed. Pub. L. 104–66, 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 Con- gress concerning operation of special areas conserva- tion program. § 3420. Repealed. Pub. L. 104–127, 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, pro- vided for protection of program participants. SUBCHAPTER III—MATCHING GRANTS FOR CONSERVATION ACTIVITIES §§ 3431 to 3436. Repealed. Pub. L. 104–127, 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 imple- mentation 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. SUBCHAPTER IV—RESERVOIR SEDIMENTATION REDUCTION PROGRAM §§ 3441 to 3445. Repealed. Pub. L. 104–127, 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 imple- mentation of reservoir sedimentation reduction pro- gram. 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 Con- gress. Section 3444, Pub. L. 97–98, title XV, § 1524, Dec. 22, 1981, 95 Stat. 1336, authorized appropriations for car- rying 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. SUBCHAPTER V—RESOURCE CONSERVA- TION AND DEVELOPMENT PROGRAM Editorial Notes CODIFICATION Subtitle H of title XV of the Agriculture and Food Act of 1981, comprising this subchapter, was originally enacted by Pub. L. 97–98, title XV, Dec. 22, 1981, 95 Stat. 1337, and amended by Pub. L. 101–624, Nov. 28, 1990, 104 Stat. 3359; Pub. L. 104–127, Apr. 4, 1996, 110 Stat. 888. Subtitle H is shown herein, however, as having been added by Pub. L. 107–171, title II, § 2504, May 13, 2002, 116 Stat. 269, without reference to the intervening amend- ments because of the extensive revision of the sub- title’s provisions by Pub. L. 107–171. § 3451. Definitions In this subchapter: (1) Area plan The term ‘‘area plan’’ means a resource con- servation and use plan developed through a lo- cally 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 pur- pose of which is to control erosion and sedi- mentation. Page 2297 TITLE 16—CONSERVATION § 3451 (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 res- ervoirs; (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 fa- cilities; (v) the improvement in the quality of rural housing; (vi) the provision of adequate health and education facilities; (vii) the satisfaction of essential trans- portation and communication needs; and (viii) the promotion of food security, economic development, and education. (D) A land management element, the pur- pose 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 Con- servation and Development Policy Advisory Board established under section 3456(a) of this title. (3) Council The term ‘‘council’’ means a nonprofit enti- ty (including an affiliate of the entity) oper- ating in a State that is— (A) established by volunteers or represent- atives of States, local units of government, Indian tribes, or local nonprofit organiza- tions to carry out an area plan in a des- ignated area; and (B) designated by the chief executive offi- cer or legislature of the State to receive technical assistance and financial assistance under this subchapter. (4) Designated area The term ‘‘designated area’’ means a geo- graphic area designated by the Secretary to receive technical assistance and financial as- sistance 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 Fed- eral agencies) with, a council, or association of councils, to carry out an area plan in a des- ignated area, including assistance provided for planning, analysis, feasibility studies, train- ing, 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 5304 of title 25. (7) Local unit of government The term ‘‘local unit of government’’ means— (A) any county, city, town, township, par- ish, village, or other general-purpose sub- division of a State; and (B) any local or regional special district or other limited political subdivision of a State, including any soil conservation dis- trict, 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 des- ignated area, including development of the area plan, goals, purposes, policies, implemen- tation activities, evaluations and reviews, and the opportunity for public participation in the actions. (9) Nonprofit organization The 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 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, de- signing, supervising, laying out, and inspect- ing projects; (B) providing maps, reports, and other doc- uments associated with the services pro- vided; (C) providing assistance for the implemen- tation of area plans and projects; and (D) providing services that involve the re- sources of Department of Agriculture pro- Page 2298 TITLE 16—CONSERVATION § 3452 1 So in original. grams 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.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. PRIOR PROVISIONS A prior section 3451, Pub. L. 97–98, title XV, § 1528, Dec. 22, 1981, 95 Stat. 1337, related to statement of pur- pose, prior to the general amendment of this sub- chapter by Pub. L. 107–171. AMENDMENTS 2008—Par. (1). Pub. L. 110–246, § 2805(a)(1), substituted ‘‘locally led planning process’’ for ‘‘planning process’’ in introductory provisions. Pars. (8), (9). Pub. L. 110–246, § 2805(a)(2), (3), redesig- nated pars. (9) and (8) as (8) and (9), respectively, and, in par. (8), substituted ‘‘Locally led planning process’’ for ‘‘Planning process’’ in heading and ‘‘locally led council’’ for ‘‘council’’ in text. Par. (13)(C), (D). Pub. L. 110–246, § 2805(b), added sub- pars. (C) and (D) and struck out former subpars. (C) and (D) which read as follows: ‘‘(C) providing assistance for the long-term imple- mentation of area plans; and ‘‘(D) providing services of an agency of the Depart- ment of Agriculture to assist councils in developing and carrying out area plans.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. § 3452. Resource conservation and development program The Secretary shall establish a resource con- servation 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 des- ignated areas— (1) to conserve and improve the use of land, develop natural resources, and improve and enhance the social, economic, and environ- mental 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 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.) Editorial Notes PRIOR PROVISIONS A prior section 3452, Pub. L. 97–98, title XV, § 1529, Dec. 22, 1981, 95 Stat. 1337, related to definitions, prior to the general amendment of this subchapter by Pub. L. 107–171. § 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.) Editorial Notes PRIOR PROVISIONS A prior section 3453, Pub. L. 97–98, title XV, § 1530, Dec. 22, 1981, 95 Stat. 1339, related to the establishment and scope of resource conservation and development program, prior to the general amendment of this sub- chapter by Pub. L. 107–171. § 3454. Powers of the Secretary (a) In general In carrying out this subchapter, the Secretary may— (1) provide technical assistance to any coun- cil 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 con- ducting surveys and inventories, dissemi- nating information, and developing area plans; (3) assist in carrying out an area plan ap- proved by the Secretary for any designated area by providing technical assistance and fi- nancial 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 assist- ance to councils under this subchapter, the Secretary shall designate for each council an individual to be the coordinator for the coun- cil. (2) Responsibility A coordinator for a council shall be directly responsible for the provision of technical as- sistance to the council. (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.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. PRIOR PROVISIONS A prior section 3454, Pub. L. 97–98, title XV, § 1531, Dec. 22, 1981, 95 Stat. 1339, related to selection of des- ignated areas for assistance, prior to the general amendment of this subchapter by Pub. L. 107–171. AMENDMENTS 2008—Pub. L. 110–246, § 2805(c), designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).