16 U.S.C. § 3871f — Critical conservation areas
submitted 12 years ago by Pub. L. 99-198 to r/title-16-CONSERVATION · 548 words · no verdicts yet
A critical conservation area is a geographic area with a serious conservation condition that the program can address. The Secretary may designate no more than eight such areas and must target specified water, habitat, and other resource concerns.
(a)(1) “Critical conservation area” means a geographic area containing a critical conservation condition that the program* can address. (a)(2) “Priority resource concern” means a resource concern in such an area that can be addressed by improving water quality, including erosion, sediment, or nutrient management affecting significant large water bodies; improving water quantity relating to drought, groundwater, surface water, aquifers, other water sources, water retention, or flood prevention; restoring wildlife habitat for federally, State-, or locally-concerning species; or other resource improvements the Secretary determines. (b) When administering the cited funds, the Secretary must select partnership and program-contract applications in designated areas that address one or more designated priority concerns. (c)(1) For each area designated after February 7, 2014, the Secretary must identify one or more priority concerns and conservation goals and outcomes sufficient to show progress. (c)(2) Designation priority goes to areas covering multiple States with significant agricultural production; covered by an existing qualifying regional, State, binational, or multistate agreement or plan; containing priority concerns; or containing producers needing help to meet or avoid a resource regulation that could harm the area’s agricultural operations. (c)(3) The Secretary may review designations no more often than every five years and may withdraw one only if the area is no longer critical. (c)(4) No more than eight geographic areas may be designated. (d) The Secretary must provide outreach and education to partners and producers in designated areas to encourage projects addressing each identified concern. (e)(1) The Secretary must administer agreements and contracts consistently with program terms. (e)(2) As far as practicable, activities in designated areas must complement and be consistent with other Federal and State programs and water-quality and quantity strategies.
In this section:
The term “critical conservation area” means a geographical area that contains a critical conservation condition that can be addressed through the program*.
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.
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.
The Secretary shall identify 1 or more priority resource concerns that apply to each critical conservation area designated under this section after February 7, 2014, including the conservation goals and outcomes sufficient to demonstrate that progress is being made to address the priority resource concern.
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.
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.
The Secretary may not designate more than 8 geographical areas as critical conservation areas under this section.
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.
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.
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.
Source credit: (Pub. L. 99–198, title XII, § 1271F, as added Pub. L. 113–79, title II, § 2401, Feb. 7, 2014, 128 Stat. 750; amended Pub. L. 115–334, title II, § 2707, Dec. 20, 2018, 132 Stat. 4600.)
- 2014Enacted · Pub. L. 99-198 · 128 Stat. 750
- 2018Amended · Pub. L. 115-334 · 132 Stat. 4600
A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-198 on 2014-02-07.
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