Title 16 — Conservation
Chapter 58 — Erodible Land and Wetland Conservation and Reserve Program
§ 3871f. Critical conservation areas
Statutory text
Definitions
In this section:
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.
Priority resource concern
The term “priority resource concern” means a natural resource concern located in a critical conservation area that can be addressed through—
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;
water quantity improvement, including improvement relating to—
drought;
groundwater, surface water, aquifer, or other water sources; or
water retention and flood prevention;
wildlife habitat restoration to address species of concern at a Federal, State, or local level; and
other natural resource improvements, as determined by the Secretary, within the critical conservation area.
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.
Critical conservation area designations
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.
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—
includes multiple States with significant agricultural production;
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;
contains 1 or more priority resource concerns; or
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.
Review and withdrawal
The Secretary may—
review designations of critical conservation areas under this section not more frequently than once every 5 years; and
withdraw designation of a critical conservation area only if the Secretary determines that the area is no longer a critical conservation area.
Limitation
The Secretary may not designate more than 8 geographical areas as critical conservation areas under this section.
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.
Administration
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.
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.
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. 750Agriculture 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.” ;Agriculture Improvement Act of 2018
Pub. L. 115–334 § 2707(1) · 132 Stat. 4490
Redesignated · 16 U.S.C. § 3871f(b)
Pub. L. 115–334, § 2707(1), (3), redesignated subsec. (a) as (b), in heading
Substituted · 16 U.S.C. § 3871f(b)
Pub. L. 115–334, § 2707(1), (3), substituted “Applications” for “In general”, and, in text
Substituted · 16 U.S.C. § 3871f(b)
Pub. L. 115–334, § 2707(1), (3), substituted “3871d(d)(2)” for “3871d(d)(3)”
Substituted · 16 U.S.C. § 3871f(b)
Pub. L. 115–334, § 2707(1), (3), substituted “program contracts” for “producer contracts”
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;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;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.” ;Agriculture Improvement Act of 2018
Pub. L. 115–334 § 2707(4)(A) · 132 Stat. 4490
Redesignated · 16 U.S.C. § 3871f(c)(2)
Pub. L. 115–334, § 2707(4)(A), (C), redesignated par. (1) as (2)
Added · 16 U.S.C. § 3871f(c)(2)
Pub. L. 115–334, § 2707(4)(A), (C), added subpar. (C)
Redesignated · 16 U.S.C. § 3871f(c)(2)
Pub. L. 115–334, § 2707(4)(A), (C), redesignated subpar. (E) as (D)
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;Agriculture Improvement Act of 2018
Pub. L. 115–334 § 2707(4)(D) · 132 Stat. 4490
Added · 16 U.S.C. § 3871f(c)(3)
Pub. L. 115–334, § 2707(4)(D), added par. (3)
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.” ;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;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;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.” ; andAgriculture 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;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”; andAgriculture 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
- 2014Pub. L. 99–198, title XII, § 1271F, as added Pub. L. 113–79, title II, § 2401, , 128 Stat. 750
- 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.)