§ 1304. — Annual payment; adjustment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1304]
TITLE 16--CONSERVATION
CHAPTER 29--WATER BANK PROGRAM FOR WETLANDS PRESERVATION
Sec. 1304. Annual payment; adjustment
In return for the agreement of the owner or operator, the Secretary
shall (1) make an annual payment 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 consideration 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 adjacent 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
necessary to encourage owners or operators of wetlands to participate in
the water bank program. The rate or rates of annual payments as
determined hereunder 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 such acreage by the general public, during the
agreement period, for hunting, trapping, fishing, and hiking, subject to
applicable State and Federal regulations. The rates of annual payment
shall be adjusted, to the extent provided for in advance by
appropriation Acts, in accordance with section 1302 of this title.
(Pub. L. 91-559, Sec. 5, Dec. 19, 1970, 84 Stat. 1470; Pub. L. 96-182,
Sec. 3, Jan. 2, 1980, 93 Stat. 1317.)
Amendments
1980--Pub. L. 96-182 inserted provisions that the rates of annual
payment shall be adjusted, to the extent provided for in advance by
appropriation acts, in accordance with section 1302 of this title.
Section Referred to in Other Sections
This section is referred to in section 1302 of this title.
