Page:United States Statutes at Large Volume 104 Part 5.djvu/266

 104 STAT. 3588 PUBLIC LAW 101-624—NOV. 28, 1990 "(1) the extent to which the purposes of the easement program would be achieved on the land; "(2) the productivity of the land; and "(3) the on-farm and off-farm environmental threats if the land is used for the production of agricultural commodities. "(d) EASEMENT PRIORITY.—In carrying out this subchapter, to the extent practicable, taking into consideration costs and future agricultural and food needs, the Secretary shall give priority to obtaining permanent conservation easements before shorter term conservation easements and, in consultation with the Secretary of the Interior, shall place priority on acquiring easements based on the value of the easement for protecting and enhancing habitat for migratory birds and other wildlife. 16 USC 3837d. "SEC. 1237D. PAYMENTS. "(a) TIME OF PAYMENT. —The Secretary shall provide payment for obligations incurred by the Secretary under this subchapter— "(1) with respect to any cost sharing obligation as soon as possible after the obligation is incurred; and "(2) with respect to any annual easement payment obligation incurred by the Secretary as soon as possible after October 1 of each calendar year. Regulations. "(b) PAYMENTS TO OTHERS. —I f an owner who is entitled to a payment under this subchapter dies, becomes incompetent, is otherwise unable to receive such payment, or is succeeded by another person who renders or completes the required performance, the Secretary shall make such payment, in accordance with regulations prescribed by the Secretary and without regard to any other provision of law, in such manner as the Secretary determines is fair and reasonable in light of all of the circumstances. "(c) PAYMENT LIMITATION. — "(1) IN GENERAL.—The total amount of easement payments made to a person under this subchapter for any year may not exceed $50,000, except such limitation shall not apply with respect to payments for perpetual easements. "(2) REGULATIONS. —The Secretary shall issue regulations prescribing such rules as the Secretary determines necessary to ensure a fair and reasonable application of the limitation contained in this subsection. "(3) OTHER PAYMENTS.— Easement payments received by an owner shall be in addition to, and not affect, the total amount of payments that such owner is otherwise eligible to receive under this Act, the Food, Agriculture, Conservation, and Trade Act of 1990, or the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.). "(4) STATE WETLAND AND ENVIRONMENTAL ENHANCEMENT. — The provisions of this subsection that limit payments to any person, and section 1305(d) of the Agricultural Reconciliation Act of 1987 (7 U.S.C. 1308 note), shall not be applicable to payments received by a State, political subdivision, or agency thereof in connection with agreements entered into under a special wetland and environmental easement enhancement program carried out by that entity that has been approved by the Secretary. The Secretary may enter into such agreements for pa5niients to States, political subdivisions, or agencies thereof that the Secretary determines will advance the purposes of this subchapter.

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