Page:United States Statutes at Large Volume 104 Part 5.djvu/501

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PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3823 "(ii) offer such land— "(I) for sales pursuant to subsection (e)(l)(C), at a price not greater than that which reflects the appraised market value of such farmland; and "(II) for all other sales, at a price not greater than that which reflects the fair market value of such land as determined by bids after advertising or by negotiated sale;". (2) CONFORMING AMENDMENTS. —Section 885(e)(4) (7 U.S.C. 1985(e)(4)) is amended— (A) by striking subparagraph (B); and (B) by redesignating subparagraph (C) as (B). (h) CONSERVATION EASEMENTS ON WETLANDS ON FMHA INVENTORY PROPERTY. — (1) IN GENERAL.— Section 335 (7 U.S.C. 1985) is amended by adding at the end the following new subsection: "(g)(1) Subject to paragraphs (2) through (5), in the disposal of real property under this section, the Secretary shall establish perpetugd wetland conservation easements to protect and restore wetlands or converted wetlands that exist on inventoried property, as determined by the Secretary in accordance with title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.). "(2) In establishing the wetland conservation easements on land that is considered to be cropland as of the date of enactment of this subsection, the Secretary shall avoid, to the extent practicable, an adverse impact on the productivity of the croplands, as provided in this subsection. "(3) In order to avoid the adverse impact, the Secretary shall— "(A) not establish the wetland conservation easements with respect to wetlands that were converted prior to December 23, 1985, and that have been in cropleuid use, as determined by the Secretary, in excess of 10 percent of the existing cropland available for production of agricultural commodities on the particular parcel of inventoried property; "(B) not establish the wetland conservation easements with respect to wetlands that have been frequently planted to agricultural commodities and wetlands described in subparagraph (A), in excess of 20 percent of the existing cropland available for production of sigricultural commodities on the particular parcel of inventoried property; "(C) ensure that the buffer area adjacent to the wetland is generally not more than 100 feet in average width; and "(D) ensure that access to other portions of the property for farming and other uses is provided. "(4) The wetland conservation easements shall be placed on wetlands that have a history of haying and grazing, as determined by the Secretary, except that in no case shall the quantity of the wetland subject to the easements exceed 50 percent of the existing forage lands on the parcel of inventoried property. All haying and grazing practices on the wetlands (including the timing and intensity of haying and grazing) shall conform to forage management standards designed to protect wetlands. "(5) If, despite the limitations contained in paragraph (3), wetland conservation easements established under paragraph (1) would prevent a particular parcel of inventoried property that is to be sold or leased to a borrower described in clause (i), (ii), or (iii) of subsection (e)(l)(C), or to a borrower who is a beginning farmer or rancher, from