§ 3455. — Authority of Secretary.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3455]
TITLE 16--CONSERVATION
CHAPTER 54--RESOURCE CONSERVATION
SUBCHAPTER V--RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM
Sec. 3455. Eligibility; terms and conditions
(a) 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--
(1) the council agrees in writing--
(A) to carry out the project; and
(B) 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;
(2) the project is included in an area plan and is approved by
the council;
(3) the Secretary determines that assistance is necessary to
carry out the area plan;
(4) the project provided for in the area plan is consistent with
any comprehensive plan for the area;
(5) 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
(6) the State, local unit of government, Indian tribe, or local
nonprofit organization participating in the area plan agrees to
maintain and operate the project.
(b) Loans
(1) 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.
(2) 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.
(3) 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.
(c) 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.
(d) 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.
(Pub. L. 97-98, title XV, Sec. 1532, as added Pub. L. 107-171, title II,
Sec. 2504, May 13, 2002, 116 Stat. 272.)
Prior Provisions
A prior section 3455, Pub. L. 97-98, title XV, Sec. 1532, Dec. 22,
1981, 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.
Section Referred to in Other Sections
This section is referred to in section 3454 of this title.
