US (United States) Code. Title 16. Chapter 54: Resource

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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publicidad

-CITE-

16 USC CHAPTER 54 - RESOURCE CONSERVATION 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 54 - RESOURCE CONSERVATION

.

-HEAD-

CHAPTER 54 - RESOURCE CONSERVATION

-MISC1-

SUBCHAPTER I - SOIL AND WATER CONSERVATION

Sec.

3401. Repealed.

SUBCHAPTER II - SPECIAL AREAS CONSERVATION PROGRAM

3411 to 3420. Repealed.

SUBCHAPTER III - MATCHING GRANTS FOR CONSERVATION ACTIVITIES

3431 to 3436. Repealed.

SUBCHAPTER IV - RESERVOIR SEDIMENTATION REDUCTION PROGRAM

3441 to 3445. Repealed.

SUBCHAPTER V - RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM

3451. Definitions.

3452. Resource conservation and development program.

3453. Selection of designated areas.

3454. Powers of the Secretary.

3455. Eligibility; terms and conditions.

(a) Eligibility.

(b) Loans.

(c) Approval by Secretary.

(d) Withdrawal.

3456. Resource Conservation and Development Policy Advisory Board.

(a) Establishment.

(b) Composition.

(c) Duties.

3457. Evaluation of program.

(a) In general.

(b) Report.

3458. Limitation on assistance.

3459. Supplemental authority of the Secretary.

3460. Authorization of appropriations.

(a) In general.

(b) Loans.

(c) Availability.

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

3471. Payments for land removed from production for conservation

purposes; authorization of appropriations.

3472. Conservation tillage; Congressional findings, etc.

3473. Regulations.

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16 USC SUBCHAPTER I - SOIL AND WATER CONSERVATION 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 54 - RESOURCE CONSERVATION

SUBCHAPTER I - SOIL AND WATER CONSERVATION

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-HEAD-

SUBCHAPTER I - SOIL AND WATER CONSERVATION

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16 USC Sec. 3401 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 54 - RESOURCE CONSERVATION

SUBCHAPTER I - SOIL AND WATER CONSERVATION

-HEAD-

Sec. 3401. Repealed. Pub. L. 104-127, title III, Sec. 336(f)(1),

Apr. 4, 1996, 110 Stat. 1007

-MISC1-

Section, Pub. L. 97-98, title XV, Sec. 1501, Dec. 22, 1981, 95

Stat. 1328, reaffirmed congressional policy regarding soil and

water conservation.

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16 USC SUBCHAPTER II - SPECIAL AREAS CONSERVATION PROGRAM 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 54 - RESOURCE CONSERVATION

SUBCHAPTER II - SPECIAL AREAS CONSERVATION PROGRAM

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SUBCHAPTER II - SPECIAL AREAS CONSERVATION PROGRAM

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16 USC Sec. 3411 to 3414 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 54 - RESOURCE CONSERVATION

SUBCHAPTER II - SPECIAL AREAS CONSERVATION PROGRAM

-HEAD-

Sec. 3411 to 3414. Repealed. Pub. L. 104-127, title III, Sec.

336(f)(1), Apr. 4, 1996, 110 Stat. 1007

-MISC1-

Section 3411, Pub. L. 97-98, title XV, Sec. 1502, Dec. 22, 1981,

95 Stat. 1328, set forth findings relating to special areas

conservation.

Section 3412, Pub. L. 97-98, title XV, Sec. 1503, Dec. 22, 1981,

95 Stat. 1329, related to program formulation and implementation.

Section 3413, Pub. L. 97-98, title XV, Sec. 1504, Dec. 22, 1981,

95 Stat. 1331, related to designation of geographic area as special

area.

Section 3414, Pub. L. 97-98, title XV, Sec. 1505, Dec. 22, 1981,

95 Stat. 1331, set forth limitations on contracts under program.

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16 USC Sec. 3415 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 54 - RESOURCE CONSERVATION

SUBCHAPTER II - SPECIAL AREAS CONSERVATION PROGRAM

-HEAD-

Sec. 3415. Repealed. Pub. L. 104-66, title I, Sec. 1011(p), Dec.

21, 1995, 109 Stat. 710

-MISC1-

Section, Pub. L. 97-98, title XV, Sec. 1506, Dec. 22, 1981, 95

Stat. 1332, directed Secretary to submit copies of special area

reports to Congress.

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16 USC Sec. 3416 to 3418 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 54 - RESOURCE CONSERVATION

SUBCHAPTER II - SPECIAL AREAS CONSERVATION PROGRAM

-HEAD-

Sec. 3416 to 3418. Repealed. Pub. L. 104-127, title III, Sec.

336(f)(1), Apr. 4, 1996, 110 Stat. 1007

-MISC1-

Section 3416, Pub. L. 97-98, title XV, Sec. 1506, formerly Sec.

1507, Dec. 22, 1981, 95 Stat. 1332; renumbered Sec. 1506, Pub. L.

104-66, title I, Sec. 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, Sec. 1507, formerly Sec.

1508, Dec. 22, 1981, 95 Stat. 1332; renumbered Sec. 1507, Pub. L.

104-66, title I, Sec. 1011(p), Dec. 21, 1995, 109 Stat. 710,

authorized expenditure of funds for improvement of technology.

Section 3418, Pub. L. 97-98, title XV, Sec. 1508, formerly Sec.

1509, Dec. 22, 1981, 95 Stat. 1332; renumbered Sec. 1508, Pub. L.

104-66, title I, Sec. 1011(p), Dec. 21, 1995, 109 Stat. 710,

authorized appropriations to carry out subchapter programs.

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16 USC Sec. 3419 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 54 - RESOURCE CONSERVATION

SUBCHAPTER II - SPECIAL AREAS CONSERVATION PROGRAM

-HEAD-

Sec. 3419. Repealed. Pub. L. 104-66, title I, Sec. 1011(q), Dec.

21, 1995, 109 Stat. 710

-MISC1-

Section, Pub. L. 97-98, title XV, Sec. 1510, Dec. 22, 1981, 95

Stat. 1332, directed Secretary to submit reports to Congress

concerning operation of special areas conservation program.

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16 USC Sec. 3420 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 54 - RESOURCE CONSERVATION

SUBCHAPTER II - SPECIAL AREAS CONSERVATION PROGRAM

-HEAD-

Sec. 3420. Repealed. Pub. L. 104-127, title III, Sec. 336(f)(1),

Apr. 4, 1996, 110 Stat. 1007

-MISC1-

Section, Pub. L. 97-98, title XV, Sec. 1509, formerly Sec. 1511,

Dec. 22, 1981, 95 Stat. 1332; renumbered Sec. 1509, Pub. L. 104-66,

title I, Sec. 1011(p), Dec. 21, 1995, 109 Stat. 710, provided for

protection of program participants.

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16 USC SUBCHAPTER III - MATCHING GRANTS FOR CONSERVATION

ACTIVITIES 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 54 - RESOURCE CONSERVATION

SUBCHAPTER III - MATCHING GRANTS FOR CONSERVATION ACTIVITIES

.

-HEAD-

SUBCHAPTER III - MATCHING GRANTS FOR CONSERVATION ACTIVITIES

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16 USC Sec. 3431 to 3436 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 54 - RESOURCE CONSERVATION

SUBCHAPTER III - MATCHING GRANTS FOR CONSERVATION ACTIVITIES

-HEAD-

Sec. 3431 to 3436. Repealed. Pub. L. 104-127, title III, Sec.

336(f)(1), Apr. 4, 1996, 110 Stat. 1007

-MISC1-

Section 3431, Pub. L. 97-98, title XV, Sec. 1514, Dec. 22, 1981,

95 Stat. 1333, authorized formulation and implementation of grants

program.

Section 3432, Pub. L. 97-98, title XV, Sec. 1515, Dec. 22, 1981,

95 Stat. 1334, related to program and plan review and

implementation.

Section 3433, Pub. L. 97-98, title XV, Sec. 1516, Dec. 22, 1981,

95 Stat. 1334, related to long-range programs and annual work

plans.

Section 3434, Pub. L. 97-98, title XV, Sec. 1517, Dec. 22, 1981,

95 Stat. 1334, authorized technical assistance to landowners and

operators.

Section 3435, Pub. L. 97-98, title XV, Sec. 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, Sec. 1519, Dec. 22, 1981,

95 Stat. 1335, authorized appropriations to carry out provisions of

subchapter III.

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16 USC SUBCHAPTER IV - RESERVOIR SEDIMENTATION REDUCTION

PROGRAM 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 54 - RESOURCE CONSERVATION

SUBCHAPTER IV - RESERVOIR SEDIMENTATION REDUCTION PROGRAM

.

-HEAD-

SUBCHAPTER IV - RESERVOIR SEDIMENTATION REDUCTION PROGRAM

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16 USC Sec. 3441 to 3445 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 54 - RESOURCE CONSERVATION

SUBCHAPTER IV - RESERVOIR SEDIMENTATION REDUCTION PROGRAM

-HEAD-

Sec. 3441 to 3445. Repealed. Pub. L. 104-127, title III, Sec.

336(f)(1), Apr. 4, 1996, 110 Stat. 1007

-MISC1-

Section 3441, Pub. L. 97-98, title XV, Sec. 1521, Dec. 22, 1981,

95 Stat. 1336, authorized formulation and implementation of

reservoir sedimentation reduction program.

Section 3442, Pub. L. 97-98, title XV, Sec. 1522, Dec. 22, 1981,

95 Stat. 1336, related to preparation and contents of plan.

Section 3443, Pub. L. 97-98, title XV, Sec. 1523, Dec. 22, 1981,

95 Stat. 1336, related to approval of plans by Congress.

Section 3444, Pub. L. 97-98, title XV, Sec. 1524, Dec. 22, 1981,

95 Stat. 1336, authorized appropriations for carrying out

provisions of subchapter IV.

Section 3445, Pub. L. 97-98, title XV, Sec. 1525, Dec. 22, 1981,

95 Stat. 1337, required report to Congress by Jan. 1, 1987,

evaluating program.

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16 USC SUBCHAPTER V - RESOURCE CONSERVATION AND

DEVELOPMENT PROGRAM 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 54 - RESOURCE CONSERVATION

SUBCHAPTER V - RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM

.

-HEAD-

SUBCHAPTER V - RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM

-COD-

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, Sec. 2504, May 13, 2002,

116 Stat. 269, without reference to the intervening amendments

because of the extensive revision of the subtitle's provisions by

Pub. L. 107-171.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1012 of this title.

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16 USC Sec. 3451 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 54 - RESOURCE CONSERVATION

SUBCHAPTER V - RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM

-HEAD-

Sec. 3451. Definitions

-STATUTE-

In this subchapter:

(1) Area plan

The term ''area plan'' means a resource conservation and use

plan developed through a 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 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

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) 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.

(9) Planning process

The term ''planning process'' means actions taken by a 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.

(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 long-term implementation of

area plans; and

(D) providing services of an agency of the Department of

Agriculture to assist councils in developing and carrying out

area plans.

-SOURCE-

(Pub. L. 97-98, title XV, Sec. 1528, as added Pub. L. 107-171,

title II, Sec. 2504, May 13, 2002, 116 Stat. 269.)

-MISC1-

PRIOR PROVISIONS

A prior section 3451, Pub. L. 97-98, title XV, Sec. 1528, Dec.

22, 1981, 95 Stat. 1337, related to statement of purpose, prior to

the general amendment of this subchapter by Pub. L. 107-171.

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16 USC Sec. 3452 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 54 - RESOURCE CONSERVATION

SUBCHAPTER V - RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM

-HEAD-

Sec. 3452. Resource conservation and development program

-STATUTE-

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, (FOOTNOTE

1) units of government, Indian tribes, nonprofit organizations,

and councils to carry out the purposes described in paragraph

(1).

(FOOTNOTE 1) So in original.

-SOURCE-

(Pub. L. 97-98, title XV, Sec. 1529, as added Pub. L. 107-171,

title II, Sec. 2504, May 13, 2002, 116 Stat. 272.)

-MISC1-

PRIOR PROVISIONS

A prior section 3452, Pub. L. 97-98, title XV, Sec. 1529, Dec.

22, 1981, 95 Stat. 1337, related to definitions, prior to the

general amendment of this subchapter by Pub. L. 107-171.

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16 USC Sec. 3453 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 54 - RESOURCE CONSERVATION

SUBCHAPTER V - RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM

-HEAD-

Sec. 3453. Selection of designated areas

-STATUTE-

The Secretary shall select designated areas for assistance under

this subchapter on the basis of the elements of area plans.

-SOURCE-

(Pub. L. 97-98, title XV, Sec. 1530, as added Pub. L. 107-171,

title II, Sec. 2504, May 13, 2002, 116 Stat. 272.)

-MISC1-

PRIOR PROVISIONS

A prior section 3453, Pub. L. 97-98, title XV, Sec. 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 subchapter by Pub. L. 107-171.

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16 USC Sec. 3454 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 54 - RESOURCE CONSERVATION

SUBCHAPTER V - RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM

-HEAD-

Sec. 3454. Powers of the Secretary

-STATUTE-

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.

-SOURCE-

(Pub. L. 97-98, title XV, Sec. 1531, as added Pub. L. 107-171,

title II, Sec. 2504, May 13, 2002, 116 Stat. 272.)

-MISC1-

PRIOR PROVISIONS

A prior section 3454, Pub. L. 97-98, title XV, Sec. 1531, Dec.

22, 1981, 95 Stat. 1339, related to selection of designated areas

for assistance, prior to the general amendment of this subchapter

by Pub. L. 107-171.

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16 USC Sec. 3455 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 54 - RESOURCE CONSERVATION

SUBCHAPTER V - RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM

-HEAD-

Sec. 3455. Eligibility; terms and conditions

-STATUTE-

(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 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

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.

-SOURCE-

(Pub. L. 97-98, title XV, Sec. 1532, as added Pub. L. 107-171,

title II, Sec. 2504, May 13, 2002, 116 Stat. 272.)

-MISC1-

PRIOR PROVISIONS

A prior section 3455, Pub. L. 97-98, title XV, Sec. 1532, Dec.

22, 1981, 95 Stat. 1339, related to authority of the Secretary to

carry out provisions of this subchapter, prior to the general

amendment of this subchapter by Pub. L. 107-171.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3454 of this title.

-CITE-

16 USC Sec. 3456 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 54 - RESOURCE CONSERVATION

SUBCHAPTER V - RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM

-HEAD-

Sec. 3456. Resource Conservation and Development Policy Advisory

Board

-STATUTE-

(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.

-SOURCE-

(Pub. L. 97-98, title XV, Sec. 1533, as added Pub. L. 107-171,

title II, Sec. 2504, May 13, 2002, 116 Stat. 273.)

-MISC1-

PRIOR PROVISIONS

A prior section 3456, Pub. L. 97-98, title XV, Sec. 1533, Dec.

22, 1981, 95 Stat. 1339, related to technical and financial

assistance to carry out specified works of improvement, prior to

the general amendment of this subchapter by Pub. L. 107-171.

TERMINATION OF ADVISORY BOARDS

Advisory boards established after Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a board

established by the President or an officer of the Federal

Government, such board is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a board

established by the Congress, its duration is otherwise provided for

by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972,

86 Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3451 of this title.

-CITE-

16 USC Sec. 3457 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 54 - RESOURCE CONSERVATION

SUBCHAPTER V - RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM

-HEAD-

Sec. 3457. Evaluation of program

-STATUTE-

(a) In general

The Secretary, in consultation with councils, shall evaluate the

program established under this subchapter to determine whether the

program is effectively meeting the needs of, and the purposes

identified by, States, units of government, Indian tribes,

nonprofit organizations, and councils participating in, or served

by, the program.

(b) Report

Not later than June 30, 2005, 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 describing the results of the evaluation, together with any

recommendations of the Secretary for continuing, terminating, or

modifying the program.

-SOURCE-

(Pub. L. 97-98, title XV, Sec. 1534, as added Pub. L. 107-171,

title II, Sec. 2504, May 13, 2002, 116 Stat. 273.)

-MISC1-

PRIOR PROVISIONS

A prior section 3457, Pub. L. 97-98, title XV, Sec. 1534, Dec.

22, 1981, 95 Stat. 1340, related to the Resource Conservation and

Development Policy Board, prior to the general amendment of this

subchapter by Pub. L. 107-171.

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16 USC Sec. 3458 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 54 - RESOURCE CONSERVATION

SUBCHAPTER V - RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM

-HEAD-

Sec. 3458. Limitation on assistance

-STATUTE-

In carrying out this subchapter, the Secretary shall provide

technical assistance and financial assistance with respect to not

more than 450 active designated areas.

-SOURCE-

(Pub. L. 97-98, title XV, Sec. 1535, as added Pub. L. 107-171,

title II, Sec. 2504, May 13, 2002, 116 Stat. 274.)

-MISC1-

PRIOR PROVISIONS

A prior section 3458, Pub. L. 97-98, title XV, Sec. 1535, Dec.

22, 1981, 95 Stat. 1340, related to program evaluation, prior to

the general amendment of this subchapter by Pub. L. 107-171.

-CITE-

16 USC Sec. 3459 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 54 - RESOURCE CONSERVATION

SUBCHAPTER V - RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM

-HEAD-

Sec. 3459. Supplemental authority of the Secretary

-STATUTE-

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.

-SOURCE-

(Pub. L. 97-98, title XV, Sec. 1536, as added Pub. L. 107-171,

title II, Sec. 2504, May 13, 2002, 116 Stat. 274.)

-MISC1-

PRIOR PROVISIONS

A prior section 3459, Pub. L. 97-98, title XV, Sec. 1536, Dec.

22, 1981, 95 Stat. 1340; Pub. L. 101-624, title XIV, Sec. 1452(a),

Nov. 28, 1990, 104 Stat. 3611, related to limitation on assistance,

prior to the general amendment of this subchapter by Pub. L.

107-171.

-CITE-

16 USC Sec. 3460 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 54 - RESOURCE CONSERVATION

SUBCHAPTER V - RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM

-HEAD-

Sec. 3460. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be (FOOTNOTE 1) such sums as are

necessary to carry out this subchapter.

(FOOTNOTE 1) So in original. Probably should be followed by

''appropriated''.

(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.

-SOURCE-

(Pub. L. 97-98, title XV, Sec. 1537, as added Pub. L. 107-171,

title II, Sec. 2504, May 13, 2002, 116 Stat. 274.)

-MISC1-

PRIOR PROVISIONS

Prior sections 3460 and 3461 were omitted in the general

amendment of this subchapter by Pub. L. 107-171.

Section 3460, Pub. L. 97-98, title XV, Sec. 1537, Dec. 22, 1981,

95 Stat. 1340, related to supplemental authority of Secretary.

Section 3461, Pub. L. 97-98, title XV, Sec. 1538, Dec. 22, 1981,

95 Stat. 1341; Pub. L. 101-624, title XIV, Sec. 1452(b), Nov. 28,

1990, 104 Stat. 3611; Pub. L. 104-127, title III, Sec. 383, Apr. 4,

1996, 110 Stat. 1016, authorized appropriations for each of the

fiscal years 1996 through 2002.

-CITE-

16 USC SUBCHAPTER VI - MISCELLANEOUS PROVISIONS 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 54 - RESOURCE CONSERVATION

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

.

-HEAD-

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-CITE-

16 USC Sec. 3471 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 54 - RESOURCE CONSERVATION

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 3471. Payments for land removed from production for

conservation purposes; authorization of appropriations

-STATUTE-

(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.

-SOURCE-

(Pub. L. 97-98, title XV, Sec. 1552, Dec. 22, 1981, 95 Stat. 1344.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in subsec. (a), was in the original

''this subtitle'', meaning subtitle J (Sec. 1550-1554) of title XV

of Pub. L. 97-98, Dec. 22, 1981, 95 Stat. 1344, which enacted this

subchapter and section 2273 of Title 7, Agriculture, and amended

section 1236 of Title 30, Mineral Lands and Mining. For complete

classification of subtitle J to the Code, see Tables.

-CITE-

16 USC Sec. 3472 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 54 - RESOURCE CONSERVATION

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 3472. Conservation tillage; Congressional findings, etc.

-STATUTE-

(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 Nation's 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.

-SOURCE-

(Pub. L. 97-98, title XV, Sec. 1553, Dec. 22, 1981, 95 Stat. 1345.)

-CITE-

16 USC Sec. 3473 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 54 - RESOURCE CONSERVATION

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 3473. Regulations

-STATUTE-

The Secretary of Agriculture shall prescribe such regulations as

may be necessary to carry out the provisions of this chapter.

-SOURCE-

(Pub. L. 97-98, title XV, Sec. 1554, Dec. 22, 1981, 95 Stat. 1345.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

title'', meaning title XV of Pub. L. 97-98, Dec. 22, 1981, 95 Stat.

1328, which enacted this chapter and sections 2272 and 2273 and

chapter 73 (Sec. 4201 et seq.) of Title 7, Agriculture, amended

sections 1002 to 1005 of this title, section 1010 of Title 7,

section 714b of Title 15, Commerce and Trade, and section 1236 of

Title 30, Mineral Lands and Mining, and enacted a provision set out

as a note under section 2272 of Title 7.

-CITE-