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U.S. Code as of:
01/19/04
Section 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
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.
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