Pub. L. 104-127, tit. III, subtit. D, sec. 333
WETLANDS RESERVE PROGRAM.
SEC. 333. WETLANDS RESERVE PROGRAM. (a) Enrollment.— Section 1237 of the Food Security Act of 1985 (16 U.S.C. 3837) is amended by striking subsection (b) and inserting the following: “(b) Enrollment Conditions.— “(1) Maximum enrollment.— The total number of acres enrolled in the wetlands reserve program shall not exceed 975,000 acres. “(2) Methods of enrollment.— “(A) In general.— Subject to subparagraph (B), effective beginning October 1, 1996, to the maximum extent practicable, the Secretary shall enroll into the wetlands reserve program— “(i) ⅓ of the acres through the use of permanent easements; “(ii) ⅓ of the acres through the use of 30-year easements; and “(iii) ⅓ of the acres through the use of restoration cost-share agreements. “(B) Temporary easements— Effective beginning October 1, 1996, the Secretary shall not enroll acres in the wetlands reserve program through the use of new permanent easements until the Secretary has enrolled at least 75,000 acres in the program through the use of temporary easements.” (b) Eligibility.— Section 1237(c) of the Food Security Act of 1985 (16 U.S.C. 3837(c)) is amended— (1) by striking “2000” and inserting “2002”; (2) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (3) by inserting after “determines that—” the following: “(1) such land maximizes wildlife benefits and wetland values and functions;”. (c) Other Eligible Lands.— Section 1237(d) of the Food Security Act of 1985 (16 U.S.C. 3837(d)) is amended— (1) by inserting after “subsection (c)” the following “, land that maximizes wildlife benefits and that is”; and 110 STAT. 996 (2) in paragraph (2), by striking “and” at the end and inserting “or”. (d) Easements.— Section 1237A of the Food Security Act of 1985 (16 U.S.C. 3837a) is amended— (1) in the section heading, by inserting before the period at the end the following: “AND AGREEMENTS”; (2) by striking subsection (c) and inserting the following: “(c) Restoration Plans.— The development of a restoration plan, including any compatible use, under this section shall be made through the local Natural Resources Conservation Service representative, in consultation with the State technical committee.”; (3) in subsection (f), by striking the third sentence and inserting the following: “Compensation may be provided in not less than 5, nor more than 30, annual payments of equal or unequal size, as agreed to by the owner and the Secretary.”; and (4) by adding at the end the following: “(h) Restoration Cost-Share Agreements.— The Secretary may enroll land into the wetlands reserve program through an agreement that requires the landowner to restore wetlands on the land, if the agreement does not provide the Secretary with an easement.”. (e) Cost-Share and Technical Assistance.— Section 1237C of the Food Security Act of 1985 (16 U.S.C. 3837c) is amended by striking subsection (b) and inserting the following: “(b) Cost-Share and Technical Assistance.— “(1) Easements.— Effective beginning October 1, 1996, in making cost-share payments under subsection (a)(1), the Secretary shall— “(A) in the case of a permanent easement, pay the owner an amount that is not less than 75 percent, but not more than 100 percent, of the eligible costs; and “(B) in the case of a 30-year easement, pay the owner an amount that is not less than 50 percent, but not more than 75 percent, of the eligible costs. “(2) Restoration cost-share agreements.— In making cost-share payments in connection with a restoration cost-share agreement entered into under section 1237A(h), the Secretary shall pay the owner an amount that is not less than 50 percent, but not more than 75 percent, of the eligible costs. “(3) Technical assistance.— The Secretary shall provide owners with technical assistance to assist owners in complying with the terms of easements and restoration cost-share agreements.”. (f) Effect on Existing Agreements.— The amendments made note. by this section shall not affect the validity or terms of any agreements entered into by the Secretary of Agriculture under subchapter C of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3837 et seq.) before the date of enactment of this Act or any payments required to be made in connection with the agreements.