Title 16ConservationRelease 119-73

§590p–1 Limitation on wetlands drainage assistance to aid wildlife preservation; termination of limitation; redetermination of need for assistance upon change of ownership of lands

Title 16 › Chapter CHAPTER 3B— - SOIL CONSERVATION › § 590p–1

Last updated Apr 6, 2026|Official source

Summary

The Agriculture Secretary must not agree to help pay for or give technical help to drain wetlands on farms in North Dakota, South Dakota, or Minnesota if the Interior Secretary finds that draining the wetland would significantly hurt wildlife and that keeping the land undrained would significantly help wildlife, and that finding, naming the specific farm and area, was sent to the Agriculture Secretary within 90 days after the drainage-assistance application was filed. That ban ends if the Interior Secretary tells the Agriculture Secretary it should end, or one year after the finding unless the Interior or a State agency has offered to buy or lease the wetland as a waterfowl resource during that year, or five years after the finding if no such offer has been accepted by the owner. If the land changes owners, eligibility for drainage help must be checked again under these rules.

Full Legal Text

Title 16, §590p–1

Conservation — Source: USLM XML via OLRC

The Secretary of Agriculture shall not enter into an agreement in the States of North Dakota, South Dakota, and Minnesota to provide financial or technical assistance for wetland drainage on a farm under authority of this chapter, if the Secretary of the Interior has made a finding that wildlife preservation will be materially harmed on that farm by such drainage and that preservation of such land in its undrained status will materially contribute to wildlife preservation and such finding, identifying specifically the farm and the land on that farm with respect to which the finding was made, has been filed with the Secretary of Agriculture within ninety days after the filing of the application for drainage assistance: Provided, That the limitation against furnishing such financial or technical assistance shall terminate (1) at such time as the Secretary of the Interior notifies the Secretary of Agriculture that such limitation should not be applicable, (2) one year after the date on which the adverse finding of the Secretary of the Interior was filed unless during that time an offer has been made by the Secretary of the Interior or a State government agency to lease or to purchase the wetland area from the owner thereof as a waterfowl resource, or (3) five years after the date on which such adverse finding was filed if such an offer to lease or to purchase such wetland area has not been accepted by the owner thereof: Provided further, That upon any change in the ownership of the land with respect to which such adverse finding was filed, the eligibility of such land for such financial or technical assistance shall be redetermined in accordance with the provisions of this section.

Reference

Citations & Metadata

Citation

16 U.S.C. § 590p–1

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73