16 U.S.C. § 3871f — Critical conservation areas

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, § 2706(1), which di- rected amendment of subsec. (a) by substituting ‘‘3871b(e)’’ for ‘‘3871b(d)’’ wherever appearing, was exe- cuted by substituting ‘‘3871(e)(2)’’ for ‘‘3871b(d)(2)’’ and ‘‘3871(e)(1)’’ for ‘‘3871b(d)(1)’’. Subsec. (b). Pub. L. 115–334, § 2706(2)(A), substituted ‘‘December 31, 2019’’ for ‘‘December 31, 2014’’ in intro- ductory provisions. Subsec. (b)(1) to (3). Pub. L. 115–334, § 2706(2)(B), (C), added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively. Former par. (3) redesignated (4). Subsec. (b)(4). Pub. L. 115–334, § 2706(2)(B), (D), redesig- nated par. (3) as (4) and struck out ‘‘and’’ at end. Former par. (4) redesignated (5). Subsec. (b)(5). Pub. L. 115–334, § 2706(2)(B), (E), redesig- nated par. (4) as (5) and substituted ‘‘3871c(d)’’ for ‘‘3871c(b)(2)’’ in introductory provisions and ‘‘; and’’ for period at end. Subsec. (b)(6). Pub. L. 115–334, § 2706(2)(F), added par. (6). Subsecs. (c) to (e). Pub. L. 115–334, § 2706(3), added sub- secs. (c) to (e). § 3871f. Critical conservation areas (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 ad- dressed through the program. (2) Priority resource concern The term ‘‘priority resource concern’’ means a natural resource concern located in a crit- ical conservation area that can be addressed through— (A) water quality improvement, including through reducing erosion, promoting sedi- ment control, and addressing nutrient man- agement activities affecting large bodies of water of regional, national, or international significance; (B) water quantity improvement, includ- ing improvement relating to— (i) drought; (ii) groundwater, surface water, aquifer, or other water sources; or (iii) water retention and flood preven- tion; (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, the Secretary shall se- lect 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 pri- ority resource concerns that apply to each critical conservation area designated under this section after February 7, 2014, including the conservation goals and outcomes suffi- cient 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 de- gree to which the geographical area— (A) includes multiple States with signifi- cant 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 assist- ance in meeting or avoiding the need for a natural resource regulatory requirement Page 2445 TITLE 16—CONSERVATION § 3901 that could have a negative impact on the economic scope of the agricultural oper- ations within the area. (3) Review and withdrawal The Secretary may— (A) review designations of critical con- servation areas under this section not more frequently than once every 5 years; and (B) withdraw designation of a critical con- servation area only if the Secretary deter- mines 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 edu- cation to eligible partners and producers in crit- ical conservation areas designated under this section to encourage the development of projects to address each priority resource con- cern identified by the Secretary for that critical conservation area. (e) Administration (1) In general Except as provided in paragraph (2), the Sec- retary shall administer any partnership agree- ment 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 car- ried out in critical conservation areas des- ignated under this section complement and are consistent with other Federal and State programs and water quality and quantity strategies. (Pub. L. 99–198, title XII, § 1271F, as added Pub. L. 113–79, title II, § 2401, Feb. 7, 2014, 128 Stat. 750; amended Pub. L. 115–334, title II, § 2707, Dec. 20, 2018, 132 Stat. 4600.) Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–334, § 2707(2), added sub- sec. (a). Former subsec. (a) redesignated (b). Subsec. (b). Pub. L. 115–334, § 2707(1), (3), redesignated subsec. (a) as (b), in heading, substituted ‘‘Applica- tions’’ for ‘‘In general’’, and, in text, substituted ‘‘3871d(d)(2)’’ for ‘‘3871d(d)(3)’’ and ‘‘program contracts’’ for ‘‘producer contracts’’ and inserted ‘‘that address 1 or more priority resource concerns for which the crit- ical conservation area is designated’’ before period at end. Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 115–334, § 2707(1), redesignated sub- sec. (b) as (c). Former subsec. (c) redesignated (e). Subsec. (c)(1). Pub. L. 115–334, § 2707(4)(B), added par. (1). Former par. (1) redesignated (2). Subsec. (c)(2). Pub. L. 115–334, § 2707(4)(A), (C), redesig- nated par. (1) as (2), added subpar. (C), redesignated subpar. (E) as (D), and struck out former subpars. (C) and (D) which read as follows: ‘‘(C) would benefit from water quality improvement, including through reducing erosion, promoting sedi- ment control, and addressing nutrient management ac- tivities affecting large bodies of water of regional, na- tional, or international significance; ‘‘(D) would benefit from water quantity improve- ment, including improvement relating to— ‘‘(i) groundwater, surface water, aquifer, or other water sources; or ‘‘(ii) a need to promote water retention and flood prevention; or’’. Subsec. (c)(3). Pub. L. 115–334, § 2707(4)(D), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: ‘‘Critical conservation area des- ignations under this section shall expire after 5 years, subject to redesignation, except that the Secretary may withdraw designation from an area if the Sec- retary finds the area no longer meets the conditions de- scribed in paragraph (1).’’ Pub. L. 115–334, § 2707(4)(A), redesignated par. (2) as (3). Former par. (3) redesignated (4). Subsec. (c)(4). Pub. L. 115–334, § 2707(4)(A), redesig- nated par. (3) as (4). Subsec. (d). Pub. L. 115–334, § 2707(5), added subsec. (d). Subsec. (e). Pub. L. 115–334, § 2707(1), redesignated sub- sec. (c) as (e). Subsec. (e)(1). Pub. L. 115–334, § 2707(6)(A), substituted ‘‘program contract’’ for ‘‘producer contract’’. Subsec. (e)(3). Pub. L. 115–334, § 2707(6)(B), struck out par. (3). Text read as follows: ‘‘For a critical conserva- tion area described in subsection (b)(1)(D), the Sec- retary may use authorities under the Watershed Pro- tection and Flood Prevention Act (16 U.S.C. 1001 et seq.), other than section 14 of such Act (16 U.S.C. 1012), to carry out projects for the purposes of this section.’’ CHAPTER 59—WETLANDS RESOURCES SUBCHAPTER I—GENERAL PROVISIONS Sec. 3901. Findings and statement of purpose. 3902. Definitions. SUBCHAPTER II—REVENUES FOR REFUGE OPER- ATIONS AND THE MIGRATORY BIRD CON- SERVATION FUND 3911. Repealed. 3912. Transfers to Migratory Bird Conservation Fund. SUBCHAPTER III—STATE AND FEDERAL WETLANDS ACQUISITION 3921. National wetlands priority conservation plan. 3922. Federal acquisition. 3923. Restriction on use of eminent domain in ac- quisitions. SUBCHAPTER IV—WETLANDS INVENTORY AND TREND ANALYSIS 3931. National wetlands inventory project. 3932. Reports to Congress. SUBCHAPTER I—GENERAL PROVISIONS § 3901. Findings and statement of purpose (a) Findings The Congress finds that— (1) wetlands play an integral role in main- taining the quality of life through material contributions to our national economy, food supply, water supply and quality, flood con- trol, and fish, wildlife, and plant resources, and thus to the health, safety, recreation, and economic well-being of all our citizens of the Nation; (2) wetlands provide habitat essential for the breeding, spawning, nesting, migration, win- tering and ultimate survival of a major por- tion of the migratory and resident fish and wildlife of the Nation; including migratory birds, endangered species, commercially and recreationally important finfish, shellfish and