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16 U.S.C. § 1303Terms of agreement; required provisions

submitted 56 years ago by Pub. L. 91-559 to r/title-16-CONSERVATION · 350 words · no verdicts yet

in plain englishAI-generated · not legal advice

An owner or operator must make specified promises in an agreement with the Secretary for the wetlands program. The promises cover putting eligible wetlands into the program, protecting them, following the plan, and consequences of violations or transfers.

In the agreement between the Secretary and an owner or operator, the owner or operator must agree— (1) to put into the program, for the agreement period, the eligible wetland areas the owner or operator designates. These may include wetlands covered by a Federal or State easement that allows agricultural use, plus adjacent areas the Secretary considers desirable; (2) not to drain, burn, fill, or otherwise destroy the wetland character of those areas, and not to use them for agriculture as the Secretary determines; (3) to carry out the wetland conservation and development plan for the land under the agreement, unless the Secretary waives or changes a requirement under section 1306; (4) if the owner or operator violates the agreement while controlling the land, to give up all rights to future payments or grants and repay all payments or grants received if the Secretary finds the violation warrants ending the agreement. If it does not warrant ending the agreement, the owner or operator must make the refunds or payment changes the Secretary considers proper; (5) if the owner or operator transfers rights and interests in the land during the agreement period, to give up all rights to future payments or grants and repay all payments or grants received during the transfer year, unless the transferee agrees with the Secretary to take on all agreement obligations; (6) not to adopt a practice that the Secretary identifies in the agreement as tending to defeat its purposes; and (7) to accept additional provisions the Secretary considers desirable and includes to carry out the program or help administer it.
the actual law source: uscode.house.gov ↗public domain

In the agreement between the Secretary and an owner or operator, the owner or operator shall agree—

(1)

to place in the program for the period of the agreement eligible wetland areas he designates, which areas may include wetlands covered by a Federal or State government easement which permits agricultural use, together with such adjacent areas as determined desirable by the Secretary;

(2)

not to drain, burn, fill, or otherwise destroy the wetland character of such areas, nor to use such areas for agricultural purposes, as determined by the Secretary;

(3)

to effectuate the wetland conservation and development plan for his land in accordance with the terms of the agreement, unless any requirement thereof is waived or modified by the Secretary pursuant to section 1306 of this title;

(4)

to forfeit all rights to further payments or grants under the agreement and refund to the United States all payments or grants received thereunder upon his violation of the agreement at any stage during the time he has control of the land subject to the agreement if the Secretary determines that such violation is of such a nature as to warrant termination of the agreement, or to make refunds or accept such payment adjustments as the Secretary may deem appropriate if he determines that the violation by the owner or operator does not warrant termination of the agreement;

(5)

upon transfer of his right and interest in the lands subject to the agreement during the agreement period, to forfeit all rights to further payments or grants under the agreement and refund to the United States all payments or grants received thereunder during the year of the transfer unless the transferee of any such land agrees with the Secretary to assume all obligations of the agreement;

(6)

not to adopt any practice specified by the Secretary in the agreement as a practice which would tend to defeat the purposes of the agreement; and

(7)

to such additional provisions as the Secretary determines are desirable and includes in the agreement to effectuate the purposes of the program or to facilitate its administration.

Source credit: (Pub. L. 91–559, § 4, Dec. 19, 1970, 84 Stat. 1470.)

history & why it existsrecord from the source credit
  • 1970Enacted · Pub. L. 91-559 · 84 Stat. 1470

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-559 on 1970-12-19.

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