
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC3837d]

 
                         TITLE 16--CONSERVATION
 
 CHAPTER 58--ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM
 
       SUBCHAPTER IV--AGRICULTURAL RESOURCES CONSERVATION PROGRAM
 
       Part I--Environmental Conservation Acreage Reserve Program
 
                   subpart c--wetlands reserve program
 
Sec. 3837d. Payments


(a) Time of payment

    The Secretary shall provide payment for obligations incurred by the 
Secretary under this subpart--
        (1) with respect to any cost sharing obligation as soon as 
    possible after the obligation is incurred; and
        (2) with respect to any annual easement payment obligation 
    incurred by the Secretary as soon as possible after October 1 of 
    each calendar year.

(b) Payments to others

    If an owner who is entitled to a payment under this subpart dies, 
becomes incompetent, is otherwise unable to receive such payment, or is 
succeeded by another person who renders or completes the required 
performance, the Secretary shall make such payment, in accordance with 
regulations prescribed by the Secretary and without regard to any other 
provision of law, in such manner as the Secretary determines is fair and 
reasonable in light of all of the circumstances.

(c) Payment limitation

                           (1) In general

        The total amount of easement payments made to a person under 
    this subpart for any year may not exceed $50,000, except such 
    limitation shall not apply with respect to payments for perpetual or 
    30-year easements.

                           (2) Regulations

        The Secretary shall issue regulations prescribing such rules as 
    the Secretary determines necessary to ensure a fair and reasonable 
    application of the limitation contained in this subsection.

                         (3) Other payments

        Easement payments received by an owner shall be in addition to, 
    and not affect, the total amount of payments that such owner is 
    otherwise eligible to receive under this Act, the Food, Agriculture, 
    Conservation, and Trade Act of 1990, or the Agricultural Act of 1949 
    (7 U.S.C. 1421 et seq.).

           (4) State wetland and environmental enhancement

        The provisions of this subsection that limit payments to any 
    person, and section 1305(d) of the Agricultural Reconciliation Act 
    of 1987 (7 U.S.C. 1308 note), shall not be applicable to payments 
    received by a State, political subdivision, or agency thereof in 
    connection with agreements entered into under a special wetland and 
    environmental easement enhancement program carried out by that 
    entity that has been approved by the Secretary. The Secretary may 
    enter into such agreements for payments to States, political 
    subdivisions, or agencies thereof that the Secretary determines will 
    advance the purposes of this subpart.

(d) Exemption from automatic sequester

    Notwithstanding any other provision of law, no order issued under 
section 902 of title 2 shall affect any payment under this subpart.

(Pub. L. 99-198, title XII, Sec. 1237D, as added Pub. L. 101-624, title 
XIV, Sec. 1438, Nov. 28, 1990, 104 Stat. 3588; amended Pub. L. 105-277, 
div. A, Sec. 101(a) [title VII, Sec. 751], Oct. 21, 1998, 112 Stat. 
2681, 2681-32.)

                       References in Text

    This Act, referred to in subsec. (c)(3), is Pub. L. 99-198, Dec. 23, 
1985, 99 Stat. 1354, as amended, known as the Food Security Act of 1985. 
For complete classification of this Act to the Code, see Short Title of 
1985 Amendment note set out under section 1281 of Title 7, Agriculture, 
and Tables.
    The Food, Agriculture, Conservation, and Trade Act of 1990, referred 
to in subsec. (c)(3), is Pub. L. 101-624, Nov. 28, 1990, 104 Stat. 3359, 
as amended. For complete classification of this Act to the Code, see 
Short Title of 1990 Amendment note set out under section 1421 of Title 7 
and Tables.
    The Agricultural Act of 1949, referred to in subsec. (c)(3), is act 
Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is classified 
principally to chapter 35A (Sec. 1421 et seq.) of Title 7. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 1421 of Title 7 and Tables.
    Section 1305(d) of the Agricultural Reconciliation Act of 1987, 
referred to in subsec. (c)(4), is section 1305(d) of Pub. L. 100-203, 
which is set out as a note under section 1308 of Title 7.


                               Amendments

    1998--Subsec. (c)(1). Pub. L. 105-277 inserted ``or 30-year'' after 
``perpetual''.
