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 chapter 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 be 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. 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.
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