Title 16 — Conservation
Chapter 54 — Resource Conservation
§ 3455. Eligibility; terms and conditions
Statutory text
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—
the council agrees in writing—
to carry out the project; and
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;
the project is included in an area plan and is approved by the council;
the Secretary determines that assistance is necessary to carry out the area plan;
the project provided for in the area plan is consistent with any comprehensive plan for the area;
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
the State, local unit of government, Indian tribe, or local nonprofit organization participating in the area plan agrees to maintain and operate the project.
Loans
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.
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.
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.
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.
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.
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.
Agriculture and Food Act of 1981
Pub. L. 97–98 title XV § 1532 · 95 Stat. 1213
Enacted · 16 U.S.C. § 3455
(Pub. L. 97–98, title XV, § 1532, as added Pub. L. 107–171, title II, § 2504, May 13, 2002, 116 Stat. 272.)
Source evidence
Code source credit
(Pub. L. 97–98, title XV, § 1532, as added Pub. L. 107–171, title II, § 2504, May 13, 2002, 116 Stat. 272.)Enacted provision · exact public law section
Sec. 1532. authority of the secretary In carrying out the provisions of this subtitle, the 16 USC 3455. Secretary may— (1) provide technical assistance to any State, local unit of government, or local nonprofit organization within a designated area to assist in developing and implementing an area plan for that area; (2) cooperate with other departments and agencies of the Federal Government, State, and local units of government, and with 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 and financial assistance to any State, local unit of government, or local nonprofit organization designated to receive such assistance by the Governor or legislature of the State concerned; and (4) enter into agreements with States, local units of government, and local nonprofit organizations, as provided in section 1533.
1 of 1 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
A prior section 3455, Pub. L. 97–98, title XV, § 1532, , 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.
Credits
(Pub. L. 97–98, title XV, § 1532, as added Pub. L. 107–171, title II, § 2504, , 116 Stat. 272.)