Title 16 — Conservation

Chapter 54 — Resource Conservation

§ 3451. Definitions

Statutory text

In this subchapter:

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 land conservation element, the purpose of which is to control erosion and sedimentation.

A water management element that provides 1 or more clear environmental or conservation benefits, the purpose of which is to provide for—

the conservation, use, and quality of water, including irrigation and rural water supplies;

the mitigation of floods and high water tables;

the repair and improvement of reservoirs;

the improvement of agricultural water management; and

the improvement of water quality.

A community development element, the purpose of which is to improve—

the development of resources-based industries;

the protection of rural industries from natural resource hazards;

the development of adequate rural water and waste disposal systems;

the improvement of recreation facilities;

the improvement in the quality of rural housing;

the provision of adequate health and education facilities;

the satisfaction of essential transportation and communication needs; and

the promotion of food security, economic development, and education.

A land management element, the purpose of which is—

energy conservation, including the production of energy crops;

the protection of agricultural land, as appropriate, from conversion to other uses;

farmland protection; and

the protection of fish and wildlife habitats.

Board

The term “Board” means the Resource Conservation and Development Policy Advisory Board established under section 3456(a) of this title.

Council

The term “council” means a nonprofit entity (including an affiliate of the entity) operating in a State that is—

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

designated by the chief executive officer or legislature of the State to receive technical assistance and financial assistance under this subchapter.

Designated area

The term “designated area” means a geographic area designated by the Secretary to receive technical assistance and financial assistance under this subchapter.

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.

Indian tribe

The term “Indian tribe” has the meaning given the term in section 5304 of title 25.

Local unit of government

The term “local unit of government” means—

any county, city, town, township, parish, village, or other general-purpose subdivision of a State; and

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.

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.

Nonprofit organization

The term “nonprofit organization” means any organization that is—

described in section 501(c) of title 26; and

exempt from taxation under section 501(a) of title 26.

Project

The term “project” means a project that is carried out by a council to achieve any of the elements of an area plan.

Secretary

The term “Secretary” means the Secretary of Agriculture.

State

The term “State” means—

any State;

the District of Columbia; or

any territory or possession of the United States.

Technical assistance

The term “technical assistance” means any service provided by the Secretary or agent of the Secretary, including—

inventorying, evaluating, planning, designing, supervising, laying out, and inspecting projects;

providing maps, reports, and other documents associated with the services provided;

providing assistance for the implementation of area plans and projects; and

providing services that involve the resources of Department of Agriculture programs in a local community, as defined in the locally led planning process.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2002
Agriculture and Food Act of 1981
Pub. L. 97–98 title XV § 1528 · 95 Stat. 1213
Enacted · 16 U.S.C. § 3451
Pub. L. 97–98, title XV, § 1528, as added Pub. L. 107–171, title II, § 2504, May 13, 2002, 116 Stat. 269
Source evidence
Code source credit
Pub. L. 97–98, title XV, § 1528, as added Pub. L. 107–171, title II, § 2504, May 13, 2002, 116 Stat. 269
Enacted provision · exact public law section
Sec. 1528. purpose It is the purpose of this subtitle to encourage and 16 USC 3451. improve the capability of State and local units of government and local nonprofit organizations in rural areas to plan, develop, and carry out programs for resource conservation and development.
2008
Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 2805(a)(1) · 122 Stat. 1651
Substituted · 16 U.S.C. § 3451(1)
Pub. L. 110–246, § 2805(a)(1), substituted “locally led planning process” for “planning process” in introductory provisions
Source evidence
Code amendment note
Par. (1). Pub. L. 110–246, § 2805(a)(1), substituted “locally led planning process” for “planning process” in introductory provisions.
Enacted provision · exact public law section
(1) in paragraph (1), in the matter preceding subparagraph (A), by striking “planning process” and inserting “locally led planning process”;
Effective date note
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
2008
Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 2805(a)(2) · 122 Stat. 1651
1. Redesignated · 16 U.S.C. § 3451(8); 16 U.S.C. § 3451(9)
  Pub. L. 110–246, § 2805(a)(2), (3), redesignated pars. (9) and (8) as (8) and (9), respectively, and, in par. (8)
2. Substituted · 16 U.S.C. § 3451(8); 16 U.S.C. § 3451(9)
  Pub. L. 110–246, § 2805(a)(2), (3), substituted “Locally led planning process” for “Planning process” in text
3. Substituted · 16 U.S.C. § 3451(8); 16 U.S.C. § 3451(9)
  Pub. L. 110–246, § 2805(a)(2), (3), substituted “locally led council” for “council” in text
Source evidence
Code amendment note
Pars. (8), (9). Pub. L. 110–246, § 2805(a)(2), (3), redesignated pars. (9) and (8) as (8) and (9), respectively, and, in par. (8), substituted “Locally led planning process” for “Planning process” in heading and “locally led council” for “council” in text.
Enacted provision · exact public law section
(2) by redesignating paragraphs (8) and (9) as paragraphs (9) and (8), respectively, and moving those paragraphs so as to appear in numerical order;
Effective date note
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
2008
Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 2805(b) · 122 Stat. 1651
1. Added · 16 U.S.C. § 3451(13)(C); 16 U.S.C. § 3451(13)(D)
  Pub. L. 110–246, § 2805(b), added subpars. (C) and (D)
2. Struck · 16 U.S.C. § 3451(13)(C); 16 U.S.C. § 3451(13)(D)
  Pub. L. 110–246, § 2805(b), struck out former subpars. (C) and (D) which read as follows:
Source evidence
Code amendment note
Par. (13)(C), (D). Pub. L. 110–246, § 2805(b), added subpars. (C) and (D) and struck out former subpars. (C) and (D) which read as follows:
“(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.”
Enacted provision · exact public law section
(b) Authorized Technical Assistance.— Section 1528(13) of the Agriculture and Food Act of 1981 (16 U.S.C. 3451(13)) is amended by striking subparagraphs (C) and (D) and inserting the following new subparagraphs: “(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.” .
Effective date note
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

7 of 7 references resolved to an enrolled provision

Editorial Notes

Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Prior Provisions

A prior section 3451, Pub. L. 97–98, title XV, § 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.

Amendments

2008—Par. (1). Pub. L. 110–246, § 2805(a)(1), substituted “locally led planning process” for “planning process” in introductory provisions.

Pars. (8), (9). Pub. L. 110–246, § 2805(a)(2), (3), redesignated pars. (9) and (8) as (8) and (9), respectively, and, in par. (8), substituted “Locally led planning process” for “Planning process” in heading and “locally led council” for “council” in text.

Par. (13)(C), (D). Pub. L. 110–246, § 2805(b), added subpars. (C) and (D) and struck out former subpars. (C) and (D) which read as follows:

“(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 Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

Credits

2002–2008 · 3 acts

2002Pub. L. 97–98, title XV, § 1528, as added Pub. L. 107–171, title II, § 2504, May 13, 2002, 116 Stat. 269
2008Pub. L. 110–234, title II, § 2805(a), (b), May 22, 2008, 122 Stat. 1088
2008Pub. L. 110–246, § 4(a), title II, § 2805(a), (b), June 18, 2008, 122 Stat. 1664, 1816.

Show as published

(Pub. L. 97–98, title XV, § 1528, as added Pub. L. 107–171, title II, § 2504, May 13, 2002, 116 Stat. 269; Pub. L. 110–234, title II, § 2805(a), (b), May 22, 2008, 122 Stat. 1088; Pub. L. 110–246, § 4(a), title II, § 2805(a), (b), June 18, 2008, 122 Stat. 1664, 1816.)