16 U.S.C. § 3455: Eligibility; terms and…

Summary

The Secretary can give technical help and money to a council for a project only if a set of conditions are met. The council must agree in writing to run the project and pay or find money for any parts not paid by the Secretary. The project must be in a council-approved area plan that the Secretary also approves, be needed to carry out that plan, and fit with any local comprehensive plan. Any land costs must be paid by the state, local government, Indian tribe, or local nonprofit involved, and that entity must agree to operate and maintain the project. Loans follow the terms the Secretary sets, can run no more than 30 years after the project is finished, and carry interest at the U.S. average rate for similar-term government obligations as set by the Secretary of the Treasury. The Secretary may stop help if it is no longer needed or if the plan is not making enough progress.

Title 16, §3455

Conservation, Source: USLM XML via OLRC

(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, Pub. L. 97–98, title XV, § 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.

§3455 Eligibility; Terms and Conditions

Summary

Title 16, §3455

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata