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16 U.S.C. § 1306 — Termination or modification of agreements

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1306 — Termination or modification of agreements

The Secretary may terminate any agreement by mutual agreement with the owner or operator if the Secretary determines that such termination would be in the public interest, and may agree to such modification of agreements as he may determine to be desirable to carry out the purposes of the program or facilitate its administration.

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Source file: Laws/federal/codes/united-states-code/title-16/section-1306-termination-or-modification-of-agreements--8f13799675.md
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Source location: Title 16, Chapter 29, § 1306; chapter-029-water-bank-program-for-wetlands-preservation.md

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Federal law — U.S. Code and appendices · legal_authorities

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

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1306&num=0&edition=prelim); (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

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1306 — Termination or modification of agree-

Page 1757 TITLE 16—CONSERVATION § 1309 essary to encourage owners or operators of wet- lands to participate in the water bank program. The rate or rates of annual payments as deter- mined hereunder shall be increased, by an amount determined by the Secretary to be ap- propriate, in relation to the benefit to the gen- eral public of the use of the wetland areas, to- gether 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, sub- ject to applicable State and Federal regulations. The rates of annual payment shall be adjusted, to the extent provided for in advance by appro- priation Acts, in accordance with section 1302 of this title. (Pub. L. 91–559, § 5, Dec. 19, 1970, 84 Stat. 1470; Pub. L. 96–182, § 3, Jan. 2, 1980, 93 Stat. 1317.) Editorial Notes AMENDMENTS 1980—Pub. L. 96–182 inserted provisions that the rates of annual payment shall be adjusted, to the extent pro- vided for in advance by appropriation acts, in accord- ance with section 1302 of this title. § 1305. Renewal or extension of agreement; par- ticipation of subsequent owner or operator in program Any agreement may be renewed or extended at the end of the agreement period for an addi- tional period of ten years by mutual agreement of the Secretary and the owner or operator, sub- ject to any rate redetermination by the Sec- retary. If during the agreement period the owner or operator sells or otherwise divests himself of the ownership or right of occupancy of such land, the new owner or operator may continue such agreement under the same terms or condi- tions, or enter into a new agreement in accord- ance with the provis

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