16 U.S.C. § 1308 — Advisory Board; appointment; functions;

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 provisions of this chapter, includ- ing the provisions for renewal and adjustment of payment rates, or he may choose not to partici- pate in such program. (Pub. L. 91–559, § 6, Dec. 19, 1970, 84 Stat. 1471.) Statutory Notes and Related Subsidiaries ONE-YEAR EXTENSION OF AGREEMENTS Pub. L. 103–393, Oct. 22, 1994, 108 Stat. 4105, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Water Bank Extension Act of 1994’. ‘‘SEC. 2. SPECIAL AUTHORITY TO EXTEND WATER BANK ACT AGREEMENTS. ‘‘(a) Subject to subsection (b), any agreement entered into under the Water Bank Act (16 U.S.C. 1301 et seq.) and due to expire on December 31, 1994, may be ex- tended for 1 year under section 6 of the Water Bank Act (16 U.S.C. 1305). ‘‘(b) The authority to extend Water Bank Act agree- ments under this Act may only be exercised to the ex- tent that the amount available for obligation under the Wetlands Reserve Program (16 U.S.C. 1637 et seq.) [prob- ably meant former 16 U.S.C. 3837 et seq.], and the amount used for the extension of Water Bank Act agreements under subsection (a), does not exceed $93,200,000 as provided for the Wetlands Reserve Pro- gram under the Agricultural, Rural Development, Food and Drug Administration, and Related Agencies Appro- priations Act, 1995 [Pub. L. 103–330, 108 Stat. 2453].’’ § 1306. Termination or modification of agree- ments The Secretary may terminate any agreement by mutual agreement with the owner or oper- ator if the Secretary determines that such ter- mination 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 ad- ministration. (Pub. L. 91–559, § 7, Dec. 19, 1970, 84 Stat. 1471.) § 1307. Utilization of services and facilities In carrying out the program, the Secretary may utilize the services of local, county, and State committees established under section 590h of this title. The Secretary is authorized to uti- lize the facilities and services of the Commodity Credit Corporation in discharging his functions and responsibilities under this program. (Pub. L. 91–559, § 8, Dec. 19, 1970, 84 Stat. 1471.) § 1308. Advisory Board; appointment; functions; membership; reimbursement for expenses The Secretary may, without regard to the civil service laws, appoint an Advisory Board to advise and consult on matters relating to his functions under this chapter as he deems appro- priate. The Board shall consist of persons chosen from members of organizations such as wildlife organizations, land-grant colleges, farm organi- zations, State game and fish departments, soil and water conservation district associations, water management organizations, and rep- resentatives of the general public. Members of such an Advisory Board who are not regular full- time employees of the United States shall be en- titled to reimbursement on an actual expense basis for attendance at Advisory Board meet- ings. (Pub. L. 91–559, § 9, Dec. 19, 1970, 84 Stat. 1471.) Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY BOARDS Advisory boards in existence on Jan. 5, 1973, to termi- nate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a board es- tablished by the President or an officer of the Federal Government, such board is renewed by appropriate ac- tion prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its du- ration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Em- ployees. § 1309. Consultation with Secretary of the Inte- rior; conformity of program with wetlands programs administered by Secretary of the Interior; consultation with and utilization of technical services of appropriate local, State, Federal, and private conservation agencies; coordination of programs The Secretary shall consult with the Sec- retary of the Interior and take appropriate measures to insure that the program carried out