WETLANDS RESERVE PROGRAM.

SEC. 1438. WETLANDS RESERVE PROGRAM. Subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) is amended by adding after section 1236 the following new subchapter: “Subchapter C— Wetlands Reserve Program “SEC. 1237. WETLANDS RESERVE PROGRAM. “(a) Establishment.— The Secretary shall establish a wetlands reserve program to assist owners of eligible lands in restoring and protecting wetlands. 104 STAT. 3585 “(b) Number of Acres.— To the extent practicable, the Secretary shall attempt to enroll into the wetlands reserve program, 1,000,000 acres of land during the 1991 through 1995 calendar years; except that the Secretary may not enroll more than 200,000 acres in 1991, 400,000 acres in the 1991 to 1992 period, 600,000 acres in the 1991 to 1993 period, 800,000 acres in the 1991 to 1994 period, and 1,000,000 acres in the 1991 to 1995 period. “(c) Eligibility.— For purposes of enrolling land in the wetland reserve established under this subchapter during the 1991 through 1995 calendar years, land shall be eligible to be placed into such reserve if the Secretary, in consultation with the Secretary of the Interior at the local level, determines that— “(1) such land is farmed wetland or converted wetland, together with adjacent lands that are functionally dependent on such wetlands, except that converted wetlands where the conversion was not commenced prior to December 23, 1985, shall not be eligible to be enrolled in the program under this section; and “(2) the likelihood of the successful restoration of such land and the resultant wetland values merit inclusion of such land in the program taking into consideration the cost of such restoration. “(d) Other Eligible Land.— The Secretary may include in the wetland reserve established under this subchapter, together with land that is eligible under subsection (d)— “(1) farmed wetland and adjoining lands, enrolled in the conservation reserve, with the highest wetland functions and values, and that are likely to return to production after they leave the conservation reserve; “(2) other wetland of an owner that would not otherwise be eligible if the Secretary determines that the inclusion of such wetland in such easement would significantly add to the functional value of the easement; and “(3) riparian areas that link wetlands that are protected by easements or some other device or circumstance that achieves the same purpose as an easement. “(e) Ineligible Land.— The Secretary may not acquire easements on— “(1) land that contains timber stands established under the conservation reserve under subchapter B; or “(2) pasture land established to trees under the conservation reserve under subchapter B. “(f) Termination of existing contract.— The Secretary may terminate or modify an existing contract entered into under section 1231(a) if eligible land that is subject to such contract is transferred into the program established by this subchapter. “(g) Easements.— The Secretary shall enroll lands in the wetland reserve through the purchase of easements as provided for in section 1237A. “SEC. 1237A. EASEMENTS. “(a) In General.— To be eligible to place land into the wetland reserve under this subchapter, the owner of such land shall enter into an agreement with the Secretary— “(1) to grant an easement on such land to the Secretary; “(2) to implement a wetland easement conservation plan as provided for in this section; 104 STAT. 3586 “(3) to create and record an appropriate deed restriction in accordance with applicable State law to reflect the easement agreed to under this subchapter with respect to such lands; and “(4) to provide a written statement of consent to such easement signed by those holding a security interest in the land. “(b) Terms of Easement.— An owner granting an easement under subsection (a) shall be required to provide for the restoration and protection of the functional values of wetland pursuant to a wetland easement conservation plan that— “(1) permits— “(A) repairs, improvements, and inspections on such land that are necessary to maintain existing public drainage systems if such land is subsequently restored to the condition required by the terms of the easement; and “(B) landowners to control public access on the easement areas while identifying access routes to be used for wetland restoration activities and management and easement monitoring; “(2) prohibits— “(A) the alteration of wildlife habitat and other natural features of such land, unless specifically permitted by the plan; “(B) the spraying of such land with chemicals or the mowing of such land, except where such spraying or mowing is permitted by the plan or is necessary— “(i) to comply with Federal or State noxious weed control laws; or “(ii) to comply with a Federal or State emergency pest treatment program; and “(C) any activities to be carried out on such participating landowner’s or successor’s land that is immediately adjacent to, and functionally related to, the land that is subject to the easement if such activities will alter, degrade, or otherwise diminish the functional value of the eligible land; and “(D) the adoption of any other practice that would tend to defeat the purposes of this subchapter, as determined by the Secretary; “(3) provides for the efficient and effective restoration of the functional values of wetlands; and “(4) includes such additional provisions as the Secretary determines are desirable to carry out this subchapter or to facilitate the practical administration thereof. “(c) Restoration Plans.— “(1) Plans.— The development of restoration plans under this section shall be made through the agreement of the local representative of the Soil Conservation Service and a representative of the Fish and Wildlife Service. If agreement cannot be reached at the local level under the preceding sentence within a reasonable period of time, such plans shall be referred to the State Conservationist, who in developing such plans under this paragraph, shall consult with the Fish and Wildlife Service. “(2) Report.— The State Conservationist and a representative of the Fish and Wildlife Service shall report to their respective national offices concerning all plans developed under paragraph (1) at the State level as a result of an agreement not being reached at the local level. 104 STAT. 3587 “(d) Compatible Uses.— Wetland reserve program lands may be used for compatible economic uses, including such activities as hunting and fishing, managed 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 of 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 agreement, 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 permanent 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)(1), 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) Acceptability of Offers.— In determining the acceptability of easement offers, the Secretary may take into consideration— 104 STAT. 3588 “(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. “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. “(b) Payments to Others.— If 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 payments to States, political subdivisions, or agencies thereof that the Secretary determines will advance the purposes of this subchapter. 104 STAT. 3589 “(d) Exemption From Automatic Sequester.— Notwithstanding any other provision of law, no order issued under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended (2 U.S.C. 902) shall affect any payment under this subchapter. “SEC. 1237E. CHANGES IN OWNERSHIP; AGREEMENT MODIFICATION; TERMINATION. “(a) Limitations.— No easement shall be created under this subchapter on land that has changed ownership in the preceding 12 months unless— “(1) the new ownership was acquired by will or succession as a result of the death of the previous owner; “(2) the new ownership was acquired before January 1, 1990; or “(3) the Secretary determines that the land was acquired under circumstances that give adequate assurances that such land was not acquired for the purposes of placing it in the program established by this subchapter. “(b) Modification; Termination.— “(1) Modification.— The Secretary may modify an easement acquired from, or a related agreement with, an owner under this subchapter if— “(A) the current owner agrees to such modification; and “(B) the Secretary determines that such modification is desirable— “(i) to carry out this subchapter; “(ii) to facilitate the practical administration of this subchapter; or “(iii) to achieve such other goals as the Secretary determines are appropriate and consistent with this subchapter. “(2) Termination.— “(A) In general.— The Secretary may terminate an easement created with an owner under this subchapter if— “(i) the current owner agrees to such termination; and “(ii) the Secretary determines that such termination would be in the public interest. “(B) Notice.— At least 90 days before taking any action to terminate under paragraph (A) all easements entered into under this subchapter, the Secretary shall provide written notice of such action to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. “SEC. 1237F. ADMINISTRATION. AND FUNDING. “(a) Delegation of Easement Administration.— The Secretary may delegate any of the easement management, monitoring, and enforcement responsibilities of the Secretary to Federal or State agencies that have the appropriate authority, expertise, and resources necessary to carry out such delegated responsibilities. “(b) Regulations.— Not later than 180 days after the date of enactment of this subchapter, the Secretary shall issue such regulations as are necessary to carry out this subchapter.”.