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U.S. Code as of:
01/19/04
Section 1304. Annual payment; adjustment
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.
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