Page:United States Statutes at Large Volume 104 Part 5.djvu/263

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3585 "(b) NUMBER OF ACRES.—To the extent practicable, the Secretary shall attempt to enroll into the wetlands reserve program, 1,000,000 acres of land during the 1991 through 1995 calendar years; except that the Secretary may not enroll more than 200,000 acres in 1991, 400,000 acres in the 1991 to 1992 period, 600,000 acres in the 1991 to 1993 period, 800,000 acres in the 1991 to 1994 period, and 1,000,000 acres in the 1991 to 1995 period. "(c) ELIGIBILITY. —For purposes of enrolling land in the wetland reserve established under this subchapter during the 1991 through 1995 calendar years, land shall be eligible to be placed into such reserve if the Secretary, in consultation with the Secretary of the Interior at the local level, determines that— "(1) such land is farmed wetland or converted wetland, together with adjacent lands that are functionally dependent on such wetlands, except that converted wetlands where the conversion was not commenced prior to December 23, 1985, shall not be eligible to be enrolled in the program under this section; and "(2) the likelihood of the successful restoration of such land and the resultant wetland values merit inclusion of such land in the program taking into consideration the cost of such restoration. "(d) OTHER ELIGIBLE LAND. —The Secretary may include in the wetland reserve established under this subchapter, together with land that is eligible under subsection (d)— "(1) farmed wetland and adjoining lands, enrolled in the conservation reserve, with the highest wetland functions and values, and that are likely to return to production after they leave the conservation reserve; "(2) other wetland of an owner that would not otherwise be eligible if the Secretary determines that the inclusion of such wetland in such easement would significantly add to the functional value of the easement; and "(3) riparian areas that link wetlands that are protected by easements or some other device or circumstance that achieves the same purpose as an easement. "(e) INELIGIBLE LAND.—The Secretary may not acquire easements on— "(1) land that contains timber stands established under the conservation reserve under subchapter B; or "(2) pasture land established to trees under the conservation reserve under subchapter B. " (f) TERMINATION OF EXISTING CONTRACT.— The Secretary may terminate or modify an existing contract entered into under section 1231(a) if eligible land that is subject to such contract is transferred into the program established by this subchapter. "(g) EASEMENTS.—The Secretary shall enroll lands in the wetland reserve through the purchase of easements as provided for in section 1237A. "SEC. 1237A. EASEMENTS. 16 USC 3837a. "(a) IN GENERAL.—To be eligible to place land into the wetland Government reserve under this subchapter, the owner of such land shall enter contracts. into an agreement with the Secretary— "(1) to grant an easement on such land to the Secretary; "(2) to implement a wetland easement conservation plan as provided for in this section;

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