---
kind: "section"
citation: "16 U.S.C. § 3455"
title: "16"
title_heading: "Conservation"
number: "3455"
heading: "Eligibility; terms and conditions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/3455"
units:
  - "Chapter 54 — Resource Conservation"
  - "Subchapter V — Resource Conservation and Development Program"
---

# §3455. Eligibility; terms and conditions

- (a) **Eligibility—** [Technical assistance](/usc/16/3451.md?p=13) and [financial assistance](/usc/16/3451.md?p=5) may be provided by the [Secretary](/usc/16/3451.md?p=11) under this subchapter to any [council](/usc/16/3451.md?p=3) to assist in carrying out a [project](/usc/16/3451.md?p=10) specified in an [area plan](/usc/16/3451.md?p=1) approved by the [Secretary](/usc/16/3451.md?p=11) only if—
  - (1) the [council](/usc/16/3451.md?p=3) agrees in writing—
    - (A) to carry out the [project](/usc/16/3451.md?p=10); and
    - (B) to finance or arrange for financing of any portion of the cost of carrying out the [project](/usc/16/3451.md?p=10) for which [financial assistance](/usc/16/3451.md?p=5) is not provided by the [Secretary](/usc/16/3451.md?p=11) under this subchapter;
  - (2) the [project](/usc/16/3451.md?p=10) is included in an [area plan](/usc/16/3451.md?p=1) and is approved by the [council](/usc/16/3451.md?p=3);
  - (3) the [Secretary](/usc/16/3451.md?p=11) determines that assistance is necessary to carry out the [area plan](/usc/16/3451.md?p=1);
  - (4) the [project](/usc/16/3451.md?p=10) provided for in the [area plan](/usc/16/3451.md?p=1) is consistent with any comprehensive plan for the [area](/usc/16/539m–1.md?p=1-A);
  - (5) the cost of the land or an interest in the land acquired or to be acquired under the plan by any [State](/usc/16/3451.md?p=12), [local unit of government](/usc/16/3451.md?p=7), [Indian tribe](/usc/16/3451.md?p=6), or local [nonprofit organization](/usc/16/3451.md?p=9) is borne by the [State](/usc/16/3451.md?p=12), [local unit of government](/usc/16/3451.md?p=7), [Indian tribe](/usc/16/3451.md?p=6), or local [nonprofit organization](/usc/16/3451.md?p=9), respectively; and
  - (6) the [State](/usc/16/3451.md?p=12), [local unit of government](/usc/16/3451.md?p=7), [Indian tribe](/usc/16/3451.md?p=6), or local [nonprofit organization](/usc/16/3451.md?p=9) participating in the [area plan](/usc/16/3451.md?p=1) agrees to maintain and operate the [project](/usc/16/3451.md?p=10).
- (b) **Loans—**
  - (1) **In general—** Subject to paragraphs [(2)](#b-2) and [(3)](#b-3), a loan made under this subchapter shall be made on such terms and conditions as the [Secretary](/usc/16/3451.md?p=11) may prescribe.
  - (2) **Term—** A loan for a [project](/usc/16/3451.md?p=10) made under this subchapter shall have a term of not more than 30 years after the date of completion of the [project](/usc/16/3451.md?p=10).
  - (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](/usc/16/3451.md?p=11) of the Treasury.
- (c) **Approval by Secretary—** [Technical assistance](/usc/16/3451.md?p=13) and [financial assistance](/usc/16/3451.md?p=5) under this subchapter may not be made available to a [council](/usc/16/3451.md?p=3) to carry out an [area plan](/usc/16/3451.md?p=1) unless the [area plan](/usc/16/3451.md?p=1) has been submitted to and approved by the [Secretary](/usc/16/3451.md?p=11).
- (d) **Withdrawal—** The [Secretary](/usc/16/3451.md?p=11) may withdraw [technical assistance](/usc/16/3451.md?p=13) and [financial assistance](/usc/16/3451.md?p=5) with respect to any [area plan](/usc/16/3451.md?p=1) if the [Secretary](/usc/16/3451.md?p=11) 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](/usc/16/3451.md?p=1).

## Source credit

(Pub. L. 97–98, title XV, § 1532, as added Pub. L. 107–171, title II, § 2504, May 13, 2002, 116 Stat. 272.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 3455, Pub. L. 97–98, title XV, § 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.