§ 3451. — Statement of purpose.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3451]
TITLE 16--CONSERVATION
CHAPTER 54--RESOURCE CONSERVATION
SUBCHAPTER V--RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM
Sec. 3451. Definitions
In this subchapter:
(1) Area plan
The term ``area plan'' means a resource conservation and use
plan developed through a 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) A land conservation element, the purpose of which is to
control erosion and sedimentation.
(B) A water management element that provides 1 or more clear
environmental or conservation benefits, the purpose of which is
to provide for--
(i) the conservation, use, and quality of water,
including irrigation and rural water supplies;
(ii) the mitigation of floods and high water tables;
(iii) the repair and improvement of reservoirs;
(iv) the improvement of agricultural water management;
and
(v) the improvement of water quality.
(C) A community development element, the purpose of which is
to improve--
(i) the development of resources-based industries;
(ii) the protection of rural industries from natural
resource hazards;
(iii) the development of adequate rural water and waste
disposal systems;
(iv) the improvement of recreation facilities;
(v) the improvement in the quality of rural housing;
(vi) the provision of adequate health and education
facilities;
(vii) the satisfaction of essential transportation and
communication needs; and
(viii) the promotion of food security, economic
development, and education.
(D) A land management element, the purpose of which is--
(i) energy conservation, including the production of
energy crops;
(ii) the protection of agricultural land, as
appropriate, from conversion to other uses;
(iii) farmland protection; and
(iv) the protection of fish and wildlife habitats.
(2) Board
The term ``Board'' means the Resource Conservation and
Development Policy Advisory Board established under section 3456(a)
of this title.
(3) Council
The term ``council'' means a nonprofit entity (including an
affiliate of the entity) operating in a State that is--
(A) 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
(B) designated by the chief executive officer or legislature
of the State to receive technical assistance and financial
assistance under this subchapter.
(4) Designated area
The term ``designated area'' means a geographic area designated
by the Secretary to receive technical assistance and financial
assistance under this subchapter.
(5) 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.
(6) Indian tribe
The term ``Indian tribe'' has the meaning given the term in
section 450b of title 25.
(7) Local unit of government
The term ``local unit of government'' means--
(A) any county, city, town, township, parish, village, or
other general-purpose subdivision of a State; and
(B) 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.
(8) Nonprofit organization
The term ``nonprofit organization'' means any organization that
is--
(A) described in section 501(c) of title 26; and
(B) exempt from taxation under section 501(a) of title 26.
(9) Planning process
The term ``planning process'' means actions taken by a 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.
(10) Project
The term ``project'' means a project that is carried out by a
council to achieve any of the elements of an area plan.
(11) Secretary
The term ``Secretary'' means the Secretary of Agriculture.
(12) State
The term ``State'' means--
(A) any State;
(B) the District of Columbia; or
(C) any territory or possession of the United States.
(13) Technical assistance
The term ``technical assistance'' means any service provided by
the Secretary or agent of the Secretary, including--
(A) inventorying, evaluating, planning, designing,
supervising, laying out, and inspecting projects;
(B) providing maps, reports, and other documents associated
with the services provided;
(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.
(Pub. L. 97-98, title XV, Sec. 1528, as added Pub. L. 107-171, title II,
Sec. 2504, May 13, 2002, 116 Stat. 269.)
Prior Provisions
A prior section 3451, Pub. L. 97-98, title XV, Sec. 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.
