Title 16, ConservationRelease 119-102

§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 3B — SOIL CONSERVATION › § 590p–1

Last updated Aug 21, 2026|Official source

Summary

The Agriculture Secretary must not give money or technical help to drain a wetland on a farm in North Dakota, South Dakota, or Minnesota if the Interior Secretary files a written finding—naming the farm and land within 90 days after the drainage application—saying drainage would significantly harm wildlife and keeping the land wet would help preserve wildlife. That ban ends if the Interior Secretary tells the Agriculture Secretary it should stop, or one year after the finding unless the Interior or a state agency offered to buy or lease the wetland during that year, or five years after the finding if the owner did not accept any such offer. If the land changes owners, eligibility for help must be checked again.

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 16, Conservation

Last Updated

Aug 21, 2026

Release point: 119-102