Page:United States Statutes at Large Volume 104 Part 5.djvu/265

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3587 "(d) C!oMPATiBLE USES. — Wetland reserve program lands may be used for compatible economic uses, including such activities as hunting and fishing, mans^ed timber harvest, or periodic haying or grazing, if such use is specifically permitted by the plan and consistent with the long-term protection and enhancement of the wetlands resources for which the easement was established. "(e) TYPE AND LENGTH OP EASEMENT.— A conservation easement granted under this section— "(1) shall be in a recordable form; and "(2) shall be for 30 years, permanent, or the maximum duration allowed under applicable State laws. "(f) COMPENSATION. —Compensation for easements acquired by the Secretary under this subchapter shall be made in cash in such amount as is agreed to and specified in the easement sigreement, but not to exceed the fair market value of the land less the fair market value of such land encumbered by the easement. Lands may be enrolled through the submission of bids under a procedure established by the Secretary. Compensation may be provided in not less than 5 nor more than 20 annual payments of either equal or unequal size, except in the case of a permanent easement, a single lump-sum payment may be provided, as agreed on by the owner and the Secretary. "(g) VIOLATION.—On the violation of the terms or conditions of the easement or related agreement entered into under subsection (a), the easement shall remain in force and the Secretary may require the owner to refund all or part of any payments received by the owner under this subchapter, together with interest thereon as determined appropriate by the Secretary. "SEC. 1237B. DUTIES OF OWNERS. "Under the terms of an agreement entered into under this subchapter, an owner and operator of the land that is subject to an easement under this subchapter shall agree to comply with the terms of the easement and related agreements and shall agree to the pennanent retirement of any existing cropland base and allotment history for such land under any program administered by the Secretary. "SEC. 1237C. DUTIES OF THE SECRETARY. "(a) IN GENERAL.—In return for the granting of an easement by an owner under this subchapter, the Secretary shall— "(1) share the cost of carrying out the establishment of conservation measures and practices, and the protection of the wetland functions and values, as set forth in the plan to the extent that the Secretary determines that cost sharing is appropriate and in the public interest; and "(2) provide necessary technical assistance to assist owners in complying with the terms and conditions of the easement and the plan. "(b) COST SHARE ASSISTANCE. —In making cost share payments under subsection (a)(D, the Secretary shall pay the owner an amount that is not less than 50 percent but not more than 75 percent of eligible costs with respect to an easement which is not permanent, and not less than 75 percent but not more than 100 percent of eligible costs with respect to a permanent easement. "(c) ACXJEPTABIIJTY OF OFFERS.—In determining the acceptability of easement offers, the Secretary mar take into consideration— Records. 16 USC 3837b. 16 USC 3837c. Technical assistance.

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