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Title 16, ConservationRelease 119-102

§1304 Annual Payment; Adjustment

Title 16 › CHAPTER 29 — WATER BANK PROGRAM FOR WETLANDS PRESERVATION › § 1304

Last updated Aug 21, 2026|Official source

Summary

If an owner or operator agrees to enroll wetlands, the Secretary must make yearly payments for the length of the agreement. The payment rates will be what the Secretary thinks are fair, based on what the owner or operator agrees to do. The Secretary must also pay part of the average cost of putting in and keeping conservation and development work on the wetlands and nearby areas. The Secretary must think about how much payment is needed to get people to join the program. Payments can be raised if the owner lets the public use the land for hunting, trapping, fishing, and hiking without extra pay, with the increase tied to the public benefit and following State and Federal rules. Annual rates can be changed, if Congress provides funds ahead of time, in accordance with section 1302 of this title.

Full Legal Text

Title 16, §1304

Conservation, Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1980—Pub. L. 96–182 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.

Reference

Citations & Metadata

Citation

16 U.S.C. § 1304

Title 16, Conservation

Last Updated

Aug 21, 2026

Release point: 119-102