879 



United States Department of the Interior (includ- 

 ing artificially developed inland fresh areas which 

 meet the description of inland fresh areas, types 1 

 through 5, contained in such Circular 39) . No agree- 

 ment shall be entered into under this chapter con- 

 cerning land with respect to which the ownership 

 or control has changed in the two-year period pre- 

 ceding the first year of the agreement period unless 

 the new ownership was acquired by will or succes- 

 sion as a result of the death of the previous owner, 

 or unless the new ownership was acquired prior to 

 July 1, 1971, under other circumstances which the 

 Secretary determines, and specifies by regulation, 

 will give adequate assurance that such land was not 

 acquired for the purpose of placing it in the pro- 

 gram, except that this sentence shall not be con- 

 strued to prohibit the continuation of an agreement 

 by a new owner or operator after an agreement has 

 once been entered into under this chapter. A person 

 who has operated the land to be covered by an agree- 

 ment under this chapter for as long as two years 

 preceding the date of the agreement and who con- 

 trols the land for the agreement period shall not be 

 required to own the land as a condition of eligibility 

 for entering into the agreement. Nothing in this sec- 

 tion shall prevent an owner or operator from plac- 

 ing land in the program if the land was acquired by 

 the owner or operator to replace eligible land from 

 which he was displaced because of its acquisition by 

 any Federal, State, or other a'gency having the right 

 of eminent domain. The Secretary shall provide ade- 

 quate safeguards to protect the interests of tenants 

 and sharecroppers, including provision for sharing, 

 on a fair and equitable basis, in payments or compen- 

 sation under this program. No provision of this chap- 

 ter shall prevent an owner or operator who is par- 

 ticipating in the program under this chapter from 

 participating in other Federal or State programs 

 designed to conserve or protect wetlands. (Pub. L. 

 91-559, § 3, Dec. 19. 1970. 84 Stat. 1469.) 



§1303. Same; required provisions. 



In the agreement between the Secretary and an 

 owner or operator, the owner or operator shall 

 agree — 



( 1 ) to place in the program for the pericxl of the 

 agreement eligible wetland areas he designates, 

 which areas may include wetlands covered by a 

 Federal or State government easement which per- 

 mits agricultural use, together with such adjacent 

 areas as determined desirable by the Secretary: 



(2) not to drain, burn, fill, or otherwise destroy 

 the wetland character of such areas, nor to use 

 such areas for agricultural purposes, as determined 

 by the Secretary; 



(3) to effectuate the wetland conservation and 

 development plan for his land in accordance with 

 the terms of the agreement, unless any require- 

 ment thereof is waived or modified by the Secre- 

 tary pursuant to section 1306 of this title ; 



(4) to forfeit all rights to further payments or 

 grants under the agreement and refund to the 

 United States all payments or grants received 

 thereunder upon his violation of the agreement at 

 any stage c'uring the time he has control of the 



land subject to the agreement if the Secretary de- 

 termines that such violation is of such a nature 

 as to warrant termination of the agreement, or to 

 make refunds or accept such payment adjustments 

 as the Secretary may deem appropriate if he de- 

 termines that the violation by the owner or oper- 

 ator does not warrant termination of the agree- 

 ment: 



(5) upon transfer of his right and interest in 

 the lands subject to the agreement during the 

 agreement period, to forfeit all rights to further 

 payments or grants under the agreement and re- 

 fund to the United States all payments or grants 

 received thereunder during the year of the transfer 

 unless the transferee of any such land agrees with 

 the Secretary to assume all obligations of the 

 agreement: 



(6) not to adopt any practice specified by the 

 Secretary in the agreement as a practice which 

 would tend to defeat the purposes of the agree- 

 ment: and 



(7) to such additional provisions as the Secre- 

 tary determines are desirable and includes in the 

 agreement to effectuate the purposes of the pro- 

 gram or to facilitate its administration. 



(Pub. L. 91-559. § 4, Dec. 19. 1970. 84 Stat. 1470.) 



§ 1304. Same; annual payments; adjustment. 



In return for the agreement of the owner or oper- 

 ator, the Secretary shall (1) make an annual pay- 

 ment to the owner or operator for the period of the 

 agreement at such rate or rates as the Secretary 

 determines to be fair and reasonable in considera- 

 tion of the obligations undertaken by the owner or 

 operator: and (2) bear such part of the average cost 

 of establishing and maintaining conservation and 

 development practices on the wetlands and adja- 

 cent areas for the purposes of this chapter as the 

 Secretary determines to be appropriate. In making 

 his determination, the Secretary shall consider, 

 among other things, the rate of compensation neces- 

 sary to encourage owners or operators of wetlands 

 to participate in the water bank program. The rate 

 or rates of annual payments as determined here- 

 under shall be increased, by an amount determined 

 by the Secretary to be appropriate, in relation to the 

 benefit to the general public of the use of the wetland 

 areas, together with designated adjacent areas, if the 

 owner or operator agrees to permit, without other 

 compensation, access to s]ich acreage by the general 

 public, during the agreement period, for hunting, 

 trapping, fishing, and hiking, subject to applicable 

 State and Federal regulations. (Pub. L. 91-559, § 5, 

 Dec. 19, 1970, 84 Stat. 1470.) 



§1305. Same; renewal or extension; participation of 

 subsequent owner or operator in program. 



Any agreement may be renewed or extended at the 

 end of the agreement period for an additional period 

 of ten years by mutual agreement of the Secretary 

 and the owner or operator, subject to any rate rede- 

 termination by the Secretary. If during the agree- 

 ment period the owner or operator sells or otherwise 

 divests himself of the ownership or right of occu- 

 pancy of such land, the new owner or operator may 

 continue such agreement under the same terms or 

 conditions, or enter into a new agreement in accord- 



