---
kind: "section"
citation: "16 U.S.C. § 3871f"
title: "16"
title_heading: "Conservation"
number: "3871f"
heading: "Critical conservation areas"
release: "119-102"
url: "https://uscodex.org/usc/16/3871f"
units:
  - "Chapter 58 — Erodible Land and Wetland Conservation and Reserve Program"
  - "Subchapter VIII — Regional Conservation Partnership Program"
---

# §3871f. Critical conservation areas

- (a) **Definitions—** In this section:
  - (1) **Critical conservation area—** The term “critical conservation area” means a geographical [area](/usc/16/539m–1.md?p=1-A) that contains a critical [conservation](/usc/16/6456.md?p=2) condition that can be addressed through the [program](/usc/16/3871a.md?p=6).
  - (2) **Priority resource concern—** The term “priority resource concern” means a natural resource concern located in a [critical conservation area](#a-1) 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](/usc/16/6456.md?p=2) to address species of concern at a Federal, [State](/usc/16/3801.md?p=a-24), or local level; and
    - (D) other natural resource improvements, as determined by the [Secretary](/usc/16/3801.md?p=a-21), within the [critical conservation area](#a-1).
- (b) **Applications—** In administering [funds](/usc/16/1421h.md?p=2) under [section 3871d(d)(2) of this title](/usc/16/3871d.md?p=d-2), the [Secretary](/usc/16/3801.md?p=a-21) shall select applications for [partnership agreements](/usc/16/3871a.md?p=5) and [program contracts](/usc/16/3871a.md?p=7-A) within [critical conservation areas](#a-1) designated under this section that address 1 or more [priority resource concerns](#a-2) for which the [critical conservation area](#a-1) is designated.
- (c) **Critical conservation area designations—**
  - (1) **In general—** The [Secretary](/usc/16/3801.md?p=a-21) shall identify 1 or more [priority resource concerns](#a-2) that apply to each [critical conservation area](#a-1) designated under this section after February 7, 2014, including the [conservation](/usc/16/6456.md?p=2) goals and outcomes sufficient to demonstrate that progress is being made to address the [priority resource concern](#a-2).
  - (2) **Priority—** In designating [critical conservation areas](#a-1) under this section, the [Secretary](/usc/16/3801.md?p=a-21) shall give priority to geographical [areas](/usc/16/539m–1.md?p=1-A) based on the degree to which the geographical [area](/usc/16/539m–1.md?p=1-A)—
    - (A) includes multiple [States](/usc/16/544.md?p=r) with significant agricultural production;
    - (B) is covered by an existing regional, [State](/usc/16/3801.md?p=a-24), binational, or multistate agreement or plan that has established objectives, goals, and work plans and is adopted by a Federal, [State](/usc/16/3801.md?p=a-24), or regional authority;
    - (C) contains 1 or more [priority resource concerns](#a-2); 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](/usc/16/539m–1.md?p=1-A).
  - (3) **Review and withdrawal—** The [Secretary](/usc/16/3801.md?p=a-21) may—
    - (A) review designations of [critical conservation areas](#a-1) under this section not more frequently than once every 5 years; and
    - (B) withdraw designation of a [critical conservation area](#a-1) only if the [Secretary](/usc/16/3801.md?p=a-21) determines that the [area](/usc/16/539m–1.md?p=1-A) is no longer a [critical conservation area](#a-1).
  - (4) **Limitation—** The [Secretary](/usc/16/3801.md?p=a-21) may not designate more than 8 geographical [areas](/usc/16/539m–1.md?p=1-A) as [critical conservation areas](#a-1) under this section.
- (d) **Outreach to eligible partners and producers—** The [Secretary](/usc/16/3801.md?p=a-21) shall provide outreach and education to [eligible partners](/usc/16/3871a.md?p=4) and producers in [critical conservation areas](#a-1) designated under this section to encourage the development of [projects](/usc/16/410r–5.md?p=c-4) to address each [priority resource concern](#a-2) identified by the [Secretary](/usc/16/3801.md?p=a-21) for that [critical conservation area](#a-1).
- (e) **Administration—**
  - (1) **In general—** Except as provided in [paragraph (2)](#e-2), the [Secretary](/usc/16/3801.md?p=a-21) shall administer any [partnership agreement](/usc/16/3871a.md?p=5) or [program contract](/usc/16/3871a.md?p=7-A) under this section in a manner that is consistent with the terms of the [program](/usc/16/3871a.md?p=6).
  - (2) **Relationship to existing activity—** The [Secretary](/usc/16/3801.md?p=a-21) shall, to the maximum extent practicable, ensure that [eligible activities](/usc/16/3871a.md?p=2) carried out in [critical conservation areas](#a-1) designated under this section complement and are consistent with other Federal and [State](/usc/16/3801.md?p=a-24) [programs](/usc/16/3871a.md?p=6) and water quality and quantity [strategies](/usc/16/583k–1.md?p=7).

## 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.)

## Notes

### 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.”