Page:United States Statutes at Large Volume 104 Part 5.djvu/251

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3573 SEC. 1422. DELINEATION OF WETLAND; EXEMPTIONS. Section 1222 of the Food Security Act of 1985 (16 U.S.C. 3822) is amended to read as follows: "SEC. 1222. DELINEATION OF WETLANDS; EXEMPTIONS. "(a) DELINEATION OF WETLANDS. — "(1) WETLAND DELINEATION MAPS.— The Secretary shall delineate wetlands on wetland delineation maps. The Secretary shall make a reasonable effort to make an on-site wetland determination whenever requested by an owner or operator, prior to such delineation. "(2) CERTIFICATION. — Upon providing notice to affected owners or operators, the Secretary shall certify each such map as sufficient for the purpose of making determinations of ineligibility for program benefits under section 1221 and shall, in accordance with section 1243, provide an opportunity to appeal such delineations to the Secretary prior to making such certification final. In the case of an appeal, the Secretary shall review and certify the accuracy of the mapping of all lands subject to the appeal mapped prior to the date of enactment of the Food, Agriculture, Conservation, and Trade Act of 1990 for the purpose of wetland delineations to ensure that wetland on such lands has been accurately delineated. Prior to rendering a decision on any such appeal, the Secretary shall conduct an onsite inspection of the subject land. The Secretary shall not be required to provide an opportunity for an appeal of delineations completed prior to the enactment of this subsection that are not changed, and for which an appeal had already occurred and, in connection with such previous appeal, an on-site determination had been conducted. "(3) PUBLIC usT. —The Secretary shall maintain a public listing of all such certifications that have been completed. (4) PERIODIC REVIEW AND UPDATE. — The Secretary shall pro- Regulations. vide by regulation a process for the periodic review and update of such wetland delineations as the Secretary deems appropriate. No person shall be adversely affected because of having taken an action based on a previous determination by the Secretary. "(b) EXEMPTIONS. — No person shall become ineligible under section 1221 for program loans, payments, and benefits— "(1) as the result of the production of an agricultural commodity on— "(A) converted wetland if the conversion of such wetland was commenced before December 23, 1985; "(B) an artificial lake, pond, or wetland created by excavating or diking nonwetland to collect and retain water for purposes such as water for livestock, fish production, irrigation (including subsurface irrigation), a settling basin, cooling, rice production, or flood control; "(C) a wet area created by a water delivery system, irrigation, irrigation system, or application of water for irrigation; or "(D) wetland on which the owner or operator of a farm or ranch uses normal cropping or ranching practices to produce an agricultural commodity in a manner that is consistent for the area where such production is possible as a result of a natural condition, such as drought, and is

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