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2026-07-06 10:51:44 -04:00

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LegalText 16 U.S.C. § 1304 Annual payment; adjustment us united_states_code code_section 16 CONSERVATION 29 WATER BANK PROGRAM FOR WETLANDS PRESERVATION 1304 16 U.S.C. § 1304 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip /us/usc/t16/s1304 data/legal/raw/us/code/title-16/usc16.xml 27f6a7eb22f7c26872823bdc69f85f5226b29476d3de2a7bdeb2185ca2722f5c 7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503 7e9b15b418ee750f5d7c77244f1ac6ff8a132c66c25fec3feacde15ced8a7d4b 2026-07-04 official
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16 U.S.C. § 1304 - Annual payment; adjustment

Text

In return for the agreement of the owner or operator, the Secretary shall (1) make an annual payment to the owner or operator for the period of the agreement at such rate or rates as the Secretary determines to be fair and reasonable in consideration of the obligations undertaken by the owner or operator; and (2) bear such part of the average cost of establishing and maintaining conservation and development practices on the wetlands and adjacent areas for the purposes of this chapter as the Secretary determines to be appropriate. In making his determination, the Secretary shall consider, among other things, the rate of compensation necessary to encourage owners or operators of wetlands to participate in the water bank program. The rate or rates of annual payments as determined hereunder shall be increased, by an amount determined by the Secretary to be appropriate, in relation to the benefit to the general public of the use of the wetland areas, together with designated adjacent areas, if the owner or operator agrees to permit, without other compensation, access to such acreage by the general public, during the agreement period, for hunting, trapping, fishing, and hiking, subject to applicable State and Federal regulations. The rates of annual payment shall be adjusted, to the extent provided for in advance by appropriation Acts, in accordance with section 1302 of this title.

(Pub. L. 91559, § 5, Dec. 19, 1970, 84 Stat. 1470; Pub. L. 96182, § 3, Jan. 2, 1980, 93 Stat. 1317.)

Notes

Editorial Notes

Amendments1980—Pub. L. 96182 inserted provisions that the rates of annual payment shall be adjusted, to the extent provided for in advance by appropriation acts, in accordance with section 1302 of this title.