Page:United States Statutes at Large Volume 104 Part 5.djvu/252

 104 STAT. 3574 PUBLIC LAW 101-624—NOV. 28, 1990 without action by the producer that destroys a natural wetland characteristic; or "(2) for the conversion of— "(A) 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; or "(B) a wet area created by a water delivery system, irrigation, irrigation system, or the application of water for irrigation. "(c) ON-SITE INSPECTION REQUIREMENT.— No program loans, pay- ments, or benefits shall be withheld from a person under this subtitle unless the Secretary has conducted an on-site visit of the subject land. "(d) PRIOR LOANS.—Section 1221 shall not apply to a loan described in section 1221 made before December 23, 1985. "(e) NoNWETLANDS.— The Secretary shall exempt from the ineligibility provisions of section 1221 any action by a person upon lands in any case in which the Secretary determines that any one of the following does not apply with respect to such lands: "(1) Such lands have a predominance of hydric soils. "(2) Such lands are 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 soil conditions. "(3) Such lands, under normal circumstances, support a prevalence of such vegetation. "(f) MINIMAL EFFECT; MITIGATION. —The Secretary shall exempt a person from the ineligibility provisions of section 1221 for any action associated with the production of an agricultural commodity on a converted wetland, or the conversion of a wetland, if, as determined by the Secretary— "(1) such action, individually and in connection with all other similar actions authorized by the Secretary in the area, will have a minimal effect on the functional hydrological and biological value of the wetland, including the value to waterfowl and wildlife; "(2) such wetland has been frequently cropped prior to the date of such action and the wetland values, acreage, and functions are mitigated by the producer through the restoration of a converted wetland, the conversion of which occurred or was commenced prior to December 23, 1985, where such restoration is— "(A) in accordance with a restoration plan; "(B) in advance of, or concurrent with, such action; "(C) not at the expense of the Federal Government; "(D) on not greater than a one-for-one acreage basis unless more acreage is needed to provide equivalent functions and values that will be lost as a result of such wetland conversion to be mitigated; "(E) on lands in the same general area of the local watershed as the converted wetland; and "(F) with respect to such restored wetland, made subject to an easement to be recorded on public land records, and which shall remain in force for as long as the converted wetland for which the restoration is to mitigate remains in

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