§ 1303. — Terms of agreement; required provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1303]
TITLE 16--CONSERVATION
CHAPTER 29--WATER BANK PROGRAM FOR WETLANDS PRESERVATION
Sec. 1303. Terms of agreement; 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 period of the agreement
eligible wetland areas he designates, which areas may include
wetlands covered by a Federal or State government easement which
permits 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 requirement thereof is waived or modified by the Secretary
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
during the time he has control of the land subject to the agreement
if the Secretary determines 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 determines that the violation by the owner or
operator does not warrant termination of the agreement;
(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 refund 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 agreement; and
(7) to such additional provisions as the Secretary determines
are desirable and includes in the agreement to effectuate the
purposes of the program or to facilitate its administration.
(Pub. L. 91-559, Sec. 4, Dec. 19, 1970, 84 Stat. 1470.)
