Page:United States Statutes at Large Volume 104 Part 5.djvu/254

 104 STAT. 3576 PUBLIC LAW 101-624—NOV. 28, 1990 Government "(1) DETERMINATIONS; PLANS. —Technical determinations and contracts. ^j^^ development of restoration and mitigation 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, such determinations shall be referred to the State Conservationist, who in making a determination under this paragraph, shall consult with the Fish and Wildlife Service. "(2) REPORT OF DETERMINATIONS. — The State Conservationist and a representative of the Fish and Wildlife Service shall report to their respective national offices concerning all determinations made under paragraph (1) at the State level as a result of an agreement not being reached at the local level. "(3) MONITORING ACTIVITIES. — The Secretary shall conduct such monitoring activities as are necessary to ensure the success and effectiveness of the wetland restorations undertaken pursuant to this section.". SEC. 1423. CONSULTATION. Section 1223 of the Food Security Act of 1985 (16 U.S.C. 3823) is amended— (1) in paragraph (2), by striking "and"; (2) in paragraph (3), by striking the period and inserting "; and"; and (3) by adding at the end the following: "(4) mitigation; and "(5) the restoration of wetland values and functions on converted wetland as required under this subtitle.". SEC. 1424. FAIRNESS OF COMPLIANCE. Subtitle C of title XII of the Food Security Act of 1985 (16 U.S.C. 3821 et seq.) is amended by adding at the end the following new section: 16 USC 3824. "SEC. 1224. FAIRNESS OF COMPLIANCE. "If the actions of an unrelated person or public entity, outside the control of, and without the prior approval of, the landowner or tenant result in a change in the characteristics of cropland that would cause the land to be determined to be a wetland, the giffected land shall not be considered to be wetland for purposes of this subtitle.". Subtitle C—Agricultural Resources Conservation Program SEC. 1431. AGRICULTURAL RESOURCES CONSERVATION PROGRAM. Subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 1231 et seq.) is amended— (1) in the subtitle heading, by striking "Conservation Reserve" and inserting "Agricultural Resources Conservation Program"; and (2) by inserting before section 1231 the following:

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