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Title 16 — Conservation

Chapter 58 — Erodible Land and Wetland Conservation and Reserve Program

§ 3871f. Critical conservation areas

Statutory text

(a)

Definitions

In this section:

(1)

Critical conservation area

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

(2)

Priority resource concern

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)

Applications

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)

Critical conservation area designations

(1)

In general

The Secretary shall identify 1 or more priority resource concerns that apply to each critical conservation area designated under this section after , including the conservation goals and outcomes sufficient to demonstrate that progress is being made to address the priority resource concern.

(2)

Priority

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)

Review and withdrawal

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)

Limitation

The Secretary may not designate more than 8 geographical areas as critical conservation areas under this section.

(d)

Outreach to eligible partners and producers

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)

Administration

(1)

In general

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)

Relationship to existing activity

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.

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.

  1. Food Security Act of 1985

    Pub. L. 99–198 title XII § 1271F · 99 Stat. 1354

    Enacted · 16 U.S.C. § 3871f

    Pub. L. 99–198, title XII, § 1271F, as added Pub. L. 113–79, title II, § 2401, Feb. 7, 2014, 128 Stat. 750

    Source evidence

    Code source credit
    Pub. L. 99–198, title XII, § 1271F, as added Pub. L. 113–79, title II, § 2401, Feb. 7, 2014, 128 Stat. 750

  2. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2707(2) · 132 Stat. 4490

    Redesignated · 16 U.S.C. § 3871f(a)

    Pub. L. 115–334, § 2707(2), added subsec. (a). Former subsec. (a) redesignated (b)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 115–334, § 2707(2), added subsec. (a). Former subsec. (a) redesignated (b).

    Enacted provision · exact public law section
    (2) by inserting before subsection (b) (as so redesignated) the following: “(a) Definitions.— In this section: “(1) Critical conservation area.— The term ‘critical conservation area’ means a geographical area that contains a critical conservation condition that can be addressed through the program. “(2) Priority resource concern.— 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.” ;

  3. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2707(1) · 132 Stat. 4490

    1. Redesignated · 16 U.S.C. § 3871f(b)

      Pub. L. 115–334, § 2707(1), (3), redesignated subsec. (a) as (b), in heading

    2. Substituted · 16 U.S.C. § 3871f(b)

      Pub. L. 115–334, § 2707(1), (3), substituted “Applications” for “In general”, and, in text

    3. Substituted · 16 U.S.C. § 3871f(b)

      Pub. L. 115–334, § 2707(1), (3), substituted “3871d(d)(2)” for “3871d(d)(3)”

    4. Substituted · 16 U.S.C. § 3871f(b)

      Pub. L. 115–334, § 2707(1), (3), substituted “program contracts” for “producer contracts”

    5. Redesignated · 16 U.S.C. § 3871f(b)

      Pub. L. 115–334, § 2707(1), (3), 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)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (1) by redesignating subsections (a), (b), and (c) as subsections (b), (c), and (e), respectively;

  4. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2707(1) · 132 Stat. 4490

    Redesignated · 16 U.S.C. § 3871f(c)

    Pub. L. 115–334, § 2707(1), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (e)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 115–334, § 2707(1), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (e).

    Enacted provision · exact public law section
    (1) by redesignating subsections (a), (b), and (c) as subsections (b), (c), and (e), respectively;

  5. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2707(4)(B) · 132 Stat. 4490

    Redesignated · 16 U.S.C. § 3871f(c)(1)

    Pub. L. 115–334, § 2707(4)(B), added par. (1). Former par. (1) redesignated (2)

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 115–334, § 2707(4)(B), added par. (1). Former par. (1) redesignated (2).

    Enacted provision · exact public law section
    (B) by inserting before paragraph (2) (as so redesignated) the following: “(1) In general.— The Secretary shall identify 1 or more priority resource concerns that apply to each critical conservation area designated under this section after the date of enactment of the Agricultural Act of 2014 (Public Law 113–79; 128 Stat. 649), including the conservation goals and outcomes sufficient to demonstrate that progress is being made to address the priority resource concern.” ;

  6. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2707(4)(A) · 132 Stat. 4490

    1. Redesignated · 16 U.S.C. § 3871f(c)(2)

      Pub. L. 115–334, § 2707(4)(A), (C), redesignated par. (1) as (2)

    2. Added · 16 U.S.C. § 3871f(c)(2)

      Pub. L. 115–334, § 2707(4)(A), (C), added subpar. (C)

    3. Redesignated · 16 U.S.C. § 3871f(c)(2)

      Pub. L. 115–334, § 2707(4)(A), (C), redesignated subpar. (E) as (D)

    4. Struck · 16 U.S.C. § 3871f(c)(2)

      Pub. L. 115–334, § 2707(4)(A), (C), struck out former subpars. (C) and (D) which read as follows:

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (A) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively;

  7. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2707(4)(D) · 132 Stat. 4490

    1. Added · 16 U.S.C. § 3871f(c)(3)

      Pub. L. 115–334, § 2707(4)(D), added par. (3)

    2. Redesignated · 16 U.S.C. § 3871f(c)(3)

      Pub. L. 115–334, § 2707(4)(D), 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).”

    Source evidence

    Code amendment note
    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).”

    Enacted provision · exact public law section
    (D) by striking paragraph (3) (as so redesignated) and inserting the following: “(3) Review and withdrawal.— 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.” ;

  8. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2707(4)(A) · 132 Stat. 4490

    Redesignated · 16 U.S.C. § 3871f(c)(3)

    Pub. L. 115–334, § 2707(4)(A), redesignated par. (2) as (3). Former par. (3) redesignated (4)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 115–334, § 2707(4)(A), redesignated par. (2) as (3). Former par. (3) redesignated (4).

    Enacted provision · exact public law section
    (A) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively;

  9. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2707(4)(A) · 132 Stat. 4490

    Redesignated · 16 U.S.C. § 3871f(c)(4)

    Pub. L. 115–334, § 2707(4)(A), redesignated par. (3) as (4)

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 115–334, § 2707(4)(A), redesignated par. (3) as (4).

    Enacted provision · exact public law section
    (A) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively;

  10. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2707(5) · 132 Stat. 4490

    Added · 16 U.S.C. § 3871f(d)

    Pub. L. 115–334, § 2707(5), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 115–334, § 2707(5), added subsec. (d).

    Enacted provision · exact public law section
    (5) by inserting after subsection (c) (as so redesignated) the following: “(d) Outreach to Eligible Partners and Producers.— 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.” ; and

  11. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2707(1) · 132 Stat. 4490

    Redesignated · 16 U.S.C. § 3871f(e)

    Pub. L. 115–334, § 2707(1), redesignated subsec. (c) as (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 115–334, § 2707(1), redesignated subsec. (c) as (e).

    Enacted provision · exact public law section
    (1) by redesignating subsections (a), (b), and (c) as subsections (b), (c), and (e), respectively;

  12. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2707(6)(A) · 132 Stat. 4490

    Substituted · 16 U.S.C. § 3871f(e)(1)

    Pub. L. 115–334, § 2707(6)(A), substituted “program contract” for “producer contract”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 115–334, § 2707(6)(A), substituted “program contract” for “producer contract”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “producer” and inserting “program”; and

  13. Agriculture Improvement Act of 2018

    Pub. L. 115–334 § 2707(6)(B) · 132 Stat. 4490

    Struck · 16 U.S.C. § 3871f(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (B) by striking paragraph (3).

20 of 21 references resolved to an enrolled provision · 1 partial

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.”

Credits

2014–2018 · 2 acts
  1. 2014Pub. L. 99–198, title XII, § 1271F, as added Pub. L. 113–79, title II, § 2401, , 128 Stat. 750
  2. 2018amended Pub. L. 115–334, title II, § 2707, , 132 Stat. 4600.
Show as published

(Pub. L. 99–198, title XII, § 1271F, as added Pub. L. 113–79, title II, § 2401, , 128 Stat. 750; amended Pub. L. 115–334, title II, § 2707, , 132 Stat. 4600.)

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USLM identifier /us/usc/t16/s3871f