110 STAT. 992 PUBLIC LAW 104-127—APR. 4, 1996 (i) MITIGATION BANKING. —Section 1222 of the Food Security Act, of 1985 (16 U.S.C. 3822) is amended by adding at the end the following: "(k) MITIGATION BANKING PROGRAM. —Using authorities available to the Secretary, the Secretary may operate a pilot program for mitigation banking of wetlands to assist persons to increase the efficiency of agricultural operations while protecting wetland functions and values. Subsection (f)(2)(C) shall not apply to this subsection.". SEC. 323. CONSULTATION AND COOPERATION REQUIREMENTS. Section 1223 of the Food Security Act of 1985 (16 U.S.C. 3823) is repealed. SEC. 324. APPLICATION OF PROGRAM INELIGIBILITY TO AFFILIATED PERSONS. The Food Security Act of 1985 (as amended by section 323) is amended by inserting after section 1222 (16 U.S.C. 3822) the following: 16 USC 3823. "SEC. 1223. AFFILIATED PERSONS. "If a person is affected by a reduction in benefits under section 1221 and the affected person is affiliated with other persons for the purpose of receiving the benefits, the benefits of each affiliated person shall be reduced under section 1221 in proportion to the interest held by the affiliated person.". SEC. 325. CLARIFICATION OF DEFINITION OF AGRICULTURAL LANDS IN MEMORANDUM OF AGREEMENT. (a) AGRICULTURAL LANDS.— For purposes of implementing the memorandum of agreement entered into between the Department of Agriculture, the Environmental Protection Agency, the Department of the Interior, and the Department of the Army on January 6, 1994, relating to the delineation of wetlands, the term "agricultural lands" shall include— (1) native pasture, rangelands, and other lands used to produce or support the production of livestock; and (2) tree farms. (b) WETLAND CONSERVATION.— Subsection (a) shall not apply with respect to the delineation of wetlands under subtitle C of title XII of the Food Security Act of 1985 (16 U.S.C. 3821 et seq.) or to the enforcement of the subtitle. (c) SUCCESSOR MEMORANDUM.— Subsection (a) shall apply to any amendment to or successor of the memorandum of agreement described in subsection (a). 16 USC 3821 SEC. 326. EFFECTIVE DATE. This subtitle and the amendments made by this subtitle shall become effective 90 days after the date of enactment of this Act. Subtitle D—Environmental Conservation Acreage Reserve Program SEC. 331. ENVIRONMENTAL CONSERVATION ACREAGE RESERVE PRO- GRAM. Section 1230 of the Food Security Act of 1985 (16 U.S.C. 3830) is amended to read as follows:
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