PUBLIC LAW 104-127—APR. 4, 1996 110 STAT. 987 Transition Act, the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.), or any other Act. "(2) A loan made or guaranteed under the ConsoHdated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) or any other provision of law administered by the Consolidated Farm Service Agency, if the Secretary determines that the proceeds of the loan will be used for a purpose that will contribute to conversion of a wetland (other than as provided in this subtitle) to produce an agricultural commodity. "(3) During the crop year: "(A) A payment made pursuant to a contract entered into under the environmental quality incentives program under chapter 4 of subtitle D. "(B) A payment under any other provision of subtitle D. "(C) A payment under section 401 or 402 of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 and 2202). "(D) A payment, loan, or other assistance under section 3 or 8 of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1003 and 1006a).". (b) CONFORMING AMENDMENTS.— (1) Section 1221(c) of the Food Security Act of 1985 (as redesignated by subsection (a)(1)) is amended— 16 USC 3821. (A) by striking "Except" and inserting "WETLAND CONVERSION.— Except"; (B) by striking "subsequent to the date of enactment of the Food, Agriculture, Conservation, and Trade Act of 1990" and inserting "beginning after November 28, 1990,"; and (C) by striking "subsections (a)(1) through (3)" and inserting "subsection (b)". (2) Section 1221 of the Food Security Act of 1985 (as amended by subsection (a)) is amended by adding at the end the following: "(d) PRIOR LOANS. —T h is section shall not apply to a loan described in subsection (b) made before December 23, 1985.". SEC. 322. DELINEATION OF WETLANDS; EXEMPTIONS TO PROGRAM INELIGIBILITY. (a) DELINEATION OF WETLANDS. — Section 1222 of the Food Security Act of 1985 (16 U.S.C. 3822) is amended by striking subsection (a) and inserting the following: " (a) DELINEATION BY THE SECRETARY.— "(1) IN GENERAL.— Subject to subsection (b) and paragraph (6), the Secretary shall delineate, determine, and certify all wetlands located on subject land on a farm. "(2) WETLAND DELINEATION MAPS.— The Secretary shall delineate wetlands on wetland delineation maps. On the request of a person, the Secretary shall make a reasonable effort to make an on-site wetland determination prior to delineation. "(3) CERTIFICATION.—On providing notice to affected persons, the Secretary shall— "(A) certify whether a map is sufficient for the purpose of making a determination of ineligibility for program benefits under section 1221; and "(B) provide an opportunity to appeal the certification prior to the certification becoming final.
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