§3838c. Eligible lands

(a) Eligible lands

Lands eligible for enrollment in the program pursuant to section 3838b of this title or for technical assistance pursuant to section 3838d of this title shall include-

(1) areas that are not more than 1,000 feet from a public well unless a larger wellhead area is deemed desirable for inclusion by the Secretary in consultation with the Environmental Protection Agency and the State agency responsible for the State's operations under the Safe Drinking Water Act (42 U.S.C. 300h-7);

(2) areas that are in shallow Karst topography areas where sinkholes convey runoff water directly into ground water;

(3) areas that are considered to be critical cropland areas within hydrologic units identified in a plan submitted by the State under section 1329 of title 33 as having priority problems that result from agricultural nonpoint sources of pollution;

(4) areas where agricultural nonpoint sources have been determined to pose a significant threat to habitat utilized by threatened and endangered species;

(5) areas recommended by State lead agencies for environmental protection as designated by a Governor of a State;

(6) in consultation with the Secretary, other areas recommended by the Administrator of the Environmental Protection Agency or the Secretary of the Interior;

(7) lands that are not located within the designated or approved areas but that are located such that if permitted to continue to operate under existing management practices would defeat the purpose of the program as determined by the Secretary; or

(8) areas contributing to identified water quality problems in areas designated by the Secretary.

(b) Priority lands

In accepting agreements pursuant to this section and providing assistance pursuant to section 3838d of this title, the Secretary shall give priority to lands on which agricultural production has been determined to contribute to, or creates, the potential for failure to meet applicable water quality standards or the goals and requirements of Federal or State laws governing surface and ground water quality, in consultation with State officials having responsibility for monitoring and protecting water quality, the management of which provide the greatest public benefit as determined by the Secretary.

(Pub. L. 99–198, title XII, §1238C, as added Pub. L. 101–624, title XIV, §1439, Nov. 28, 1990, 104 Stat. 3594 .)

References in Text

The Safe Drinking Water Act (42 U.S.C. 300h–7), referred to in subsec. (a)(1), is Pub. L. 93–523, Dec. 16, 1974, 88 Stat. 1660 , as amended, which is classified principally to subchapter XII (§300f et seq.) of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title of 1974 Amendments note set out under section 201 of Title 42 and Tables.

Section Referred to in Other Sections

This section is referred to in section 3838e of this title.