Page:United States Statutes at Large Volume 104 Part 5.djvu/277

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3599 "(1) share the cost of carrying out the establishment of conservation measures and practices set forth in the plsin for which the Secretary determines that cost sharing is appropriate and in the public interest; "(2) pay for a period not to exceed 10 years annual easement payments in the aggregate not to exceed the lesser of— "(A) $250,000; or "(B) the difference in the value of the land with and without an easement; "(3) provide necessary technical assistance to assist owners in complying with the terms and conditions of the easement and the plan; and "(4) permit the land to be used for wildlife activities, including hunting and fishing, if such use is permitted by the owner. "SEC. 1239C. PAYMENTS. "(a) TIME OF PAYMENT.—The Secretary shall provide payment for obligations incurred by the Secretary under this chapter— "(1) vidth 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. "(b) COST SHARING PAYMENTS.—In making cost sharing payments to owners under this chapter, the Secretary may pay up to 100 percent of the cost of establishing conservation measures and practices pursuant to this chapter. "(c) EASEMENT PAYMENTS; ACCEPTABILITY OF OFFERS. — "(1) DETERMINATION OF AMOUNT.—The Secretary shall determine the smiount payable to owners in the form of easement payments under this chapter, and in making such determination may consider, among other things, the amount necessary to encourage owners to participate in the easement program. "(2) ACCEPTABILITY OF OFFERS. — In determining the acceptability of easement offers, the Secretary may take into consideration— "(A) the extent to which the purposes of the easement program would be achieved on the land; "(B) the productivity of the land; and "(C) the on-farm and off-farm environmental threats if the land is used for the production of agricultural commodities. "(d) FORM OF PAYMENT.— Except as otherwise provided in this section, pa3mients under this chapter— "(1) shall be made in cash in such amount and at such time as is agreed on and specified in the easement or related agreement; and "(2) may be made in advance of a determination of performance. "(e) PAYMENTS TO OTHERS. — If an owner who is entitled to a payment under this chapter 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 pa5Tnent, 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. Technical assistance. Hunting. Fishing. 16 USC 3839c.

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