Page:United States Statutes at Large Volume 110 Part 1.djvu/1012

 110 STAT. 988 PUBLIC LAW 104-127—APR. 4, 1996 "(4) DURATION OF CERTIFICATION.— ^A final certification made under paragraph (3) shall remain valid and in effect as long as the area is devoted to an agricultural use or until such time as the person affected by the certification requests review of the certification by the Secretary. "(5) REVIEW OF MAPPING ON APPEAL. —In the case of an appeal of the Secretary's certification, the Secretary shall review and certify the accuracy of the mapping of all land subject to the appeal to ensure that the subject land has been accurately delineated. Prior to rendering a decision on the appeal, the Secretary shall conduct an on-site inspection of the subject land on a farm. "(6) RELIANCE ON PRIOR CERTIFIED DELINEATION. —No person shall be adversely affected because of having taken an action based on a previous certified wetland delineation by the Secretary. The delineation shall not be subject to a subsequent wetland certification or delineation by the Secretary, unless requested by the person under paragraph (4).". (b) EXEMPTIONS.— Section 1222 of the Food Security Act of 1985 (16 U.S.C. 3822) is amended by striking subsection (b) and inserting the following: " (b) EXEMPTIONS.—No person shall become ineligible under section 1221 for program loans or payments under the following circumstances: "(1) As the result of the production of an agricultural commodity on the following lands: "(A) A converted wetland if the conversion of the wetland was commenced before December 23, 1985. "(B) Land that is a nontidal drainage or irrigation ditch excavated in upland. "(C) A wet area created by a water delivery system, irrigation, irrigation system, or application of water for irrigation. "(D) A wetland on which the owner or operator of a farm or ranch uses normal cropping or ranching practices to produce an agricultural commodity in a manner that is consistent for the area where the production is possible as a result of a natural condition, such as drought, and is without action by the producer that destroys a natural wetland characteristic. "(E) Land that is an artificial lake or pond created by excavating or diking land (that is not a wetland) to collect and retain water and that is used primarily for livestock watering, fish production, irrigation, wildlife, fire control, flood control, cranberry growing, or rice production, or as a settling pond. "(F) A wetland that is temporarily or incidentally created as a result of adjacent development activity. "(G) A converted wetland if the original conversion of the wetland was commenced before December 23, 1985, and the Secretary determines the wetland characteristics returned after that date as a result of— "(i) the lack of maintenance of drainage, dikes, levees, or similar structures; "(ii) a lack of management of the lands containing the wetland: or

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