CHAPTER 54 —RESOURCE CONSERVATION
SUBCHAPTER I—SOIL AND WATER CONSERVATION
SUBCHAPTER II—SPECIAL AREAS CONSERVATION PROGRAM
SUBCHAPTER III—MATCHING GRANTS FOR CONSERVATION ACTIVITIES
SUBCHAPTER IV—RESERVOIR SEDIMENTATION REDUCTION PROGRAM
SUBCHAPTER V—RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM
SUBCHAPTER VI—MISCELLANEOUS PROVISIONS
SUBCHAPTER I—SOIL AND WATER CONSERVATION
§3401. Repealed. Pub. L. 104–127, title III, §336(f)(1), Apr. 4, 1996, 110 Stat. 1007
Section,
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 Repealed.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,
Section 3412,
Section 3413,
Section 3414,
§3415. Repealed. Pub. L. 104–66, title I, §1011(p), Dec. 21, 1995, 109 Stat. 710
Section,
§§3416 to 3418. Repealed. Pub. L. 104–127, title III, §336(f)(1), Apr. 4, 1996, 110 Stat. 1007
Section 3416,
Section 3417,
Section 3418,
§3419. Repealed. Pub. L. 104–66, title I, §1011(q), Dec. 21, 1995, 109 Stat. 710
Section,
§3420. Repealed. Pub. L. 104–127, title III, §336(f)(1), Apr. 4, 1996, 110 Stat. 1007
Section,
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 Repealed.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,
Section 3432,
Section 3433,
Section 3434,
Section 3435,
Section 3436,
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 Repealed.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,
Section 3442,
Section 3443,
Section 3444,
Section 3445,
SUBCHAPTER V—RESOURCE CONSERVATION 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Subtitle H of title XV of the Agriculture and Food Act of 1981, comprising this subchapter, was originally enacted by
§3451. Definitions
In this subchapter:
(1) Area plan
The 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
The term "Board" means the Resource Conservation and Development Policy Advisory Board established under
(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
(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) 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 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.
(9) Nonprofit organization
The term "nonprofit organization" means any organization that is—
(A) described in
(B) exempt from taxation under
(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 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.
(
Editorial Notes
Codification
Prior Provisions
A prior section 3451,
Amendments
2008—Par. (1).
Pars. (8), (9).
Par. (13)(C), (D).
"(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."
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§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 units of government, Indian tribes, nonprofit organizations, and councils to carry out the purposes described in paragraph (1).
(
Editorial Notes
Prior Provisions
A prior section 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.
(
Editorial Notes
Prior Provisions
A prior section 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
(b) Coordinator
(1) In general
To improve the provision of technical assistance to councils under this subchapter, the Secretary shall designate for each council an individual to be the coordinator for the council.
(2) Responsibility
A coordinator for a council shall be directly responsible for the provision of technical assistance to the council.
(
Editorial Notes
Codification
Prior Provisions
A prior section 3454,
Amendments
2008—
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of
§3455. Eligibility; terms and conditions
(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.
(
Editorial Notes
Prior Provisions
A prior section 3455,
§3456. Resource Conservation and Development Policy Advisory Board
(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.
(
Editorial Notes
Prior Provisions
A prior section 3456,
Statutory Notes and Related Subsidiaries
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
§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
Section,
Editorial Notes
Codification
Prior Provisions
A prior section 3457,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal of this section and repeal of
§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.
(
Editorial Notes
Prior Provisions
A prior section 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.
(
Editorial Notes
Prior Provisions
A prior section 3459,
§3460. Authorization of appropriations
(a) In general
There are authorized to be 1 such sums as are necessary to carry out this subchapter.
(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.
(
Editorial Notes
Prior Provisions
Prior sections 3460 and 3461 were omitted in the general amendment of this subchapter by
Section 3460,
Section 3461,
1 So in original. Probably should be followed by "appropriated".
SUBCHAPTER VI—MISCELLANEOUS PROVISIONS
§3471. Payments for land removed from production for conservation purposes; authorization of appropriations
(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.
(
Editorial Notes
References in Text
This subchapter, referred to in subsec. (a), was in the original "this subtitle", meaning subtitle J (§§1550–1554) of title XV of
§3472. Conservation tillage; Congressional findings, etc.
(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.
(
§3473. Regulations
The Secretary of Agriculture shall prescribe such regulations as may be necessary to carry out the provisions of this chapter.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this title", meaning title XV of
§3474. Conservation incentives landowner education program
(a) In general
Not later than 1 year after March 12, 2019, the Secretary shall establish a conservation incentives landowner education program (referred to in this section as the "program").
(b) Purpose of program
The program shall provide information on Federal conservation programs available to landowners interested in undertaking conservation actions on the land of the landowners, including options under each conservation program available to achieve the conservation goals of the program, such as—
(1) fee title land acquisition;
(2) donation; and
(3) perpetual and term conservation easements or agreements.
(c) Availability
The Secretary shall ensure that the information provided under the program is made available to—
(1) interested landowners; and
(2) the public.
(d) Notification
In any case in which the Secretary contacts a landowner directly about participation in a Federal conservation program, the Secretary shall, in writing—
(1) notify the landowner of the program; and
(2) make available information on the conservation program options that may be available to the landowner.
(
Editorial Notes
Codification
Section was enacted as part of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, and not as part of title XV of the Agriculture and Food Act of 1981 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Definition of "Secretary"
Secretary means the Secretary of the Interior, see section 2 of