(Pub. L. 99–198, title XII, § 1237A, as added Pub. L. 101–624, title XIV, § 1438,Nov. 28, 1990, 104 Stat. 3585; amended Pub. L. 104–127, title III, § 333(d),Apr. 4, 1996, 110 Stat. 996; Pub. L. 107–171, title II, § 2203,May 13, 2002, 116 Stat. 252; Pub. L. 110–234, title II, §§ 2204–2206,May 22, 2008, 122 Stat. 1038, 1039; Pub. L. 110–246, § 4(a), title II, §§ 2204–2206,June 18, 2008, 122 Stat. 1664, 1766, 1767.)
References in Text
The date of the enactment of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (f)(1), is the date of enactment of Pub. L. 110–246
, which was approved June 18, 2008.
Pub. L. 110–234
and Pub. L. 110–246
made identical amendments to this section. The amendments by Pub. L. 110–234
were repealed by section 4(a) ofPub. L. 110–246
2008—Subsec. (b)(2)(B). Pub. L. 110–246
, § 2204, struck out “or” at end of cl. (i), substituted “; or” for “; and” at end of cl. (ii), and added cl. (iii).
Subsec. (f). Pub. L. 110–246
, § 2205, amended subsec. (f) generally. Prior to amendment, text read as follows: “Compensation for easements acquired by the Secretary under this subpart shall be made in cash in such amount as is agreed to and specified in the easement agreement, but not to exceed the fair market value of the land less the fair market value of such land encumbered by the easement. Lands may be enrolled through the submission of bids under a procedure established by the Secretary. Compensation may be provided in not less than 5, nor more than 30, annual payments of equal or unequal size, as agreed to by the owner and the Secretary.”
Subsec. (h). Pub. L. 110–246
, § 2206, added subsec. (h).
2002—Subsec. (h). Pub. L. 107–171
struck out heading and text of subsec. (h). Text read as follows: “The Secretary may enroll land into the wetlands reserve program through an agreement that requires the landowner to restore wetlands on the land, if the agreement does not provide the Secretary with an easement.”
1996—Pub. L. 104–127
, § 333(d)(1), inserted “and agreements” after “Easements” in section catchline.
Subsec. (c). Pub. L. 104–127
, § 333(d)(2), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows:
“(1) Plans.—The development of restoration plans under this section shall be made through the agreement of the local representative of the Soil Conservation Service and a representative of the Fish and Wildlife Service. If agreement cannot be reached at the local level under the preceding sentence within a reasonable period of time, such plans shall be referred to the State Conservationist, who in developing such plans under this paragraph, shall consult with the Fish and Wildlife Service.
“(2) Report.—The State Conservationist and a representative of the Fish and Wildlife Service shall report to their respective national offices concerning all plans developed under paragraph (1) at the State level as a result of an agreement not being reached at the local level.”
Subsec. (f). Pub. L. 104–127
, § 333(d)(3), substituted “Compensation may be provided in not less than 5, nor more than 30, annual payments of equal or unequal size, as agreed to by the owner and the Secretary.” for “Compensation may be provided in not less than 5 nor more than 20 annual payments of either equal or unequal size, except in the case of a permanent easement, a single lump-sum payment may be provided, as agreed on by the owner and the Secretary.”
Subsec. (h). Pub. L. 104–127
, § 333(d)(4), added subsec. (h).
Effective Date of 2008 Amendment
Amendment of this section and repeal of Pub. L. 110–234
by Pub. L. 110–246
effective May 22, 2008, the date of enactment of Pub. L. 110–234
, see section 4 ofPub. L. 110–246
, set out as an Effective Date note under section
Effect of 1996 Amendments on Existing Agreements
Amendments made by section 333 ofPub. L. 104–127
not to affect validity or terms of agreements entered into by Secretary of Agriculture under this subpart before Apr. 4, 1996, or payments required to be made in connection with such agreements, see section 333(f) ofPub. L. 104–127
, set out as a note under section
of this title.