Page:United States Statutes at Large Volume 104 Part 5.djvu/264

 104 STAT. 3586 PUBLIC LAW 101-624—NOV. 28, 1990 Records. "(3) to Create and record an appropriate deed restriction in accordance with applicable State law to reflect the easement agreed to under this subchapter with respect to such lands; and "(4) to provide a written statement of consent to such easement signed by those holding a security interest in the land. "(b) TERMS OF EASEMENT.—An owner granting an easement under subsection (a) shall be required to provide for the restoration and protection of the functional values of wetland pursuant to a wetland easement conservation plan that— "(1) permits— "(A) repairs, improvements, and inspections on such land that are necessary to maintain existing public drainage systems if such land is subsequently restored to the condition required by the terms of the easement; and "(B) landowners to control public access on the esisement areas while identifying access routes to be used for wetland restoration activities and management and easement monitoring; "(2) prohibits— "(A) the alteration of wildlife habitat and other natural features of such land, unless specifically permitted by the plan; "(B) the spraying of such land with chemicals or the mowing of such land, except where such spraying or mowing is permitted by the plan or is necessary— "(i) to comply with Federal or State noxious weed control laws; or "(ii) to comply with a Federal or State emergency pest treatment program; and "(C) any activities to be carried out on such participating landowner's or successor's land that is immediately adjacent to, and functionally related to, the land that is subject to the easement if such activities will alter, degrade, or otherwise diminish the functional value of the eligible land; and "(D) the adoption of any other practice that would tend to defeat the purposes of this subchapter, as determined by the Secretary; "(3) provides for the efficient and effective restoration of the functional values of wetlands; and "(4) includes such additional provisions as the Secretary determines are desirable to carry out this subchapter or to facilitate the practical administration thereof. " (c) RESTORATION PLANS.— "(1) PLANS.— The development of restoration plans under this section shall be made through the agreement of the local representative of the Soil (Donservation Service and a representative of the Fish and Wildlife Service. If agreement cannot be reached at the local level under the preceding sentence within a reasonable period of time, such plans shall be referred to the State Conservationist, who in developing such plans under this pargigraph, shall consult with the Fish and Wildlife Service. "(2) REPORT. —The State Conservationist and a representative of the Fish and Wildlife Service shall report to their respective national offices concerning all plans developed under paragraph (1) at the State level as a result of an agreement not being reached at the local level.

�