§3871f — Title 16 Conservation | U.S. Code

Summary

The Secretary must pick and manage up to 8 "critical conservation areas" and set the main resource problems to fix in each area. A "critical conservation area" is a geographic place with a serious conservation problem that the program can help. A "priority resource concern" is a natural resource problem in that area the program will address, such as water quality (like erosion, sediment, and nutrient problems that affect large bodies of water), water quantity (drought, groundwater or surface water issues, or flood and water retention), wildlife habitat for species of concern, or other natural resource needs the Secretary identifies. For areas designated after February 7, 2014, the Secretary must name one or more priority resource concerns and write clear conservation goals and outcomes to show progress. When spending program funds, the Secretary must choose partnership agreements and contracts in those areas that address the named priorities. The Secretary must give priority to areas that span multiple States with big farming, are covered by an existing regional plan, have priority concerns, or contain producers who need help to avoid rules that could hurt their farming economy. Designations can be reviewed no more often than every 5 years and removed only if the area is no longer critical. The Secretary must also do outreach and education for partners and producers and, as much as possible, make sure work in these areas fits with other Federal and State programs and water strategies.

Title 16, §3871f

Conservation — Source: USLM XML via OLRC

(a)In this section:

(1)The term “critical conservation area” means a geographical area that contains a critical conservation condition that can be addressed through the program.

(2)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)In administering funds under section 3871d(d)(2) of this title, 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)(1)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)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)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)The Secretary may not designate more than 8 geographical areas as critical conservation areas under this section.

(d)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)(1)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)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–334, § 2707(2), added subsec. (a). Former subsec. (a) redesignated (b). Subsec. (b). Pub. L. 115–334, § 2707(1), (3), redesignated subsec. (a) as (b), in heading, substituted “Applications” 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 critical conservation area is designated” before period at end. Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 115–334, § 2707(1), redesignated subsec. (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), redesignated 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 sediment control, and addressing nutrient management activities affecting large bodies of water of regional, national, or international significance; “(D) would benefit from water quantity improvement, 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 designations under this section shall expire after 5 years, subject to redesignation, except that the Secretary may withdraw designation from an area if the Secretary finds the area no longer meets the conditions described 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), redesignated par. (3) as (4). Subsec. (d). Pub. L. 115–334, § 2707(5), added subsec. (d). Subsec. (e). Pub. L. 115–334, § 2707(1), redesignated subsec. (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 conservation area described in subsection (b)(1)(D), the Secretary may use authorities under the Watershed Protection 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.”

§3871f Critical conservation areas

Summary

Title 16, §3871f

Notes & Related Subsidiaries

Editorial Notes

Amendments

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