Page:United States Statutes at Large Volume 110 Part 1.djvu/1014

 110 STAT. 990 PUBLIC LAW 104-127—APR. 4, 1996 "(ii) technical determinations regarding the prior site conditions and the restoration, enhancement, or creation action have been adequately documented by the Natural Resources Conservation Service; "(iii) the proposed conversion action is approved by the Natural Resources Conservation Service prior to implementation; and "(iv) the extent of the proposed conversion is limited so that the conditions will be at least equivalent to the wetland functions and values that existed prior to implementation of the voluntary wetland restoration, enhancement, or creation action.". (c) IDENTIFICATION OF MINIMAL EFFECT EXEMPTIONS.— Section 1222 of the Food Security Act of 1985 (16 U.S.C. 3822) is amended by striking subsection (d) and inserting the following: " (d) IDENTIFICATION OF MINIMAL EFFECT EXEMPTIONS.—For purposes of applying the minimal effect exemption under subsection (f)(1), the Secretary shall identify by regulation categorical minimal effect exemptions on a regional basis to assist persons in avoiding a violation of the ineligibility provisions of section 1221. The Secretary shall ensure that employees of the Department of Agriculture who administer this subtitle receive appropriate training to properly apply the minimal effect exemptions determined by the Secretary.". (d) MINIMAL EFFECT AND MITIGATION EXEMPTIONS. —Section 1222 of the Food Security Act of 1985 (16 U.S.C. 3822) is amended by striking subsection (f) and inserting the following: "(f) MINIMAL EFFECT; MITIGATION.—The Secretary shall exempt a person from the ineligibility provisions of section 1221 for any action associated with the production of an agricultural commodity on a converted wetland, or the conversion of a wetland, if 1 or more of the following conditions apply, as determined by the Secretary: "(1) The action, individually and in connection with all other similar actions authorized by the Secretary in the area, will have a minimal effect on the functional hydrological and biological value of the wetlands in the area, including the value to waterfowl and wildlife. "(2) The wetland and the wetland values, acreage, and functions are mitigated by the person through the restoration of a converted wetland, the enhancement of an existing wetland, or the creation of a new wetland, and the restoration, enhancement, or creation is— "(A) in accordance with a wetland conservation plan; "(B) in advance of, or concurrent with, the action; "(C) not at the expense of the Federal Government; "(D) in the case of enhancement or restoration of wetlands, on not greater than a 1-for-l acreage basis unless more acreage is needed to provide equivalent functions and values that will be lost as a result of the wetland conversion to be mitigated; "(E) in the case of creation of wetlands, on greater than a 1-for-l acreage basis if more acreage is needed to provide equivalent functions and values that will be lost as a result of the wetland conversion that is mitigated; "(F) on lands in the same general area of the local watershed as the converted wetland; and

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