Page:United States Statutes at Large Volume 104 Part 5.djvu/250

 104 STAT. 3572 PUBLIC LAW 101-624—NOV. 28, 1990 to two acres or less and if the Secretary determines that such production is not intended to circumvent the conservation requirements otherwise applicable to lands under this subtitle.". Subtitle B—Wetland Conservation SEC. 1421. WETLAND PROGRAM IMPROVEMENTS. (a) DEFINITION.— Section 1201(a)(16) of the Food Security Act of 1985 (16 U.S.C. 3801(a)(16)) is amended by amending the first sentence to read as follows: "(16) The term 'wetland', except when such term is part of the term 'converted wetland', means land that— "(A) has a predominance of hydric soils; "(B) is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soU conditions; and "(C) under normal circumstances does support a prevalence of such vegetation.", (b) WETLAND. —Section 1221 of the Food Security Act of 1985 (16 U.S.C. 3821) is amended— (1) by striking "Except as provided" and inserting "(a) Except as provided"; (2) in paragraph (I)(D), by inserting before the semicolon ", under section 132 of the Disaster Assistance Act of 1989 (16 U.S.C. 1421 note), or under any similar provision enacted subsequent to August 14, 1989"; (3) in paragraph (I)(E), by striking the final "or"; (4) in paragraph (2), by striking the period at the end and inserting a "; or"; (5) by adding at the end the following: "(3) during such crop year— "(A) a payment made under section 8, section 12, or section 16(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h, 5901 or 590p(b)); "(B) a payment made under section 401 or section 402 of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 or 2202); "(C) a payment under any contract entered into pursuant to section 1231; "(D) a payment under chapter 2; "(E) a payment under chapter 3; or "(F) a payment, loan or other assistance under section 3 or section 8 of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1003 or 1006a)."; and (6) by adding after subsection (a) (as designated by paragraph (D), a new subsection 0?) as follows: "(b) Except as provided in section 1222 and notwithstanding any other provision of law, any person who in any crop year subsequent to the date of enactment of the Food, Agriculture, Conservation, and Trade Act of 1990 converts a wetland by draining, dredging, filling, leveling, or any other means for the purpose, or to have the effect, of making the production of an agricultural commodity possible on such converted wetland shall be ineligible for those payments, loans, or programs specified in subsections (a)(1) through (3) for that crop year and all subsequent crop years.".

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