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Title 16 — ConservationRelease 119-73not60

§1304 Annual Payment; Adjustment

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

Last updated Apr 5, 2026|Official source

Summary

If an owner or operator enters an agreement, the Secretary must pay an annual amount, cover part of the average cost to establish and maintain conservation practices on wetlands and adjacent areas, and set rates to encourage joining the water bank program. If owner allows free public access for hunting, trapping, fishing, and hiking during the agreement, payments will be increased based on public benefit. Payments can be changed under section 1302 only if appropriation Acts provide funds in advance.

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

Apr 5, 2026

Release point: 119-73not60