§ 1304. Annual payment; adjustment

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1970

   Water Bank Act

   Pub. L. 91–559 § 5 · 84 Stat. 1468

   Enacted · 16 U.S.C. § 1304

   Pub. L. 91–559, § 5, Dec. 19, 1970, 84 Stat. 1470

   Source evidence

   Code source credit
   Pub. L. 91–559, § 5, Dec. 19, 1970, 84 Stat. 1470

   Enacted provision · exact public law section
   Sec. 5. 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 Act 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 Ire 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.

2. 1980

   Pub. L. 96–182 § 3 · 93 Stat. 1317

   Inserted · 16 U.S.C. § 1304

   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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 3. Section 5 of the Water Bank Act (16 U.S.C. 1304) is amended by adding at the end thereof a new sentence as follows; “The rates of annual payment shall be adjusted, to the extent provided for in advance by appropriation Acts, in accordance with section 3 of the Act.”.

2 of 2 references resolved to an enrolled provision