241 
sirable to carry out the program or facili-
tate the practical administration thereof. 
‘‘(B) VIOLATION.—On the violation of the 
terms or conditions of the easement, the ease-
ment shall remain in force and the Secretary 
may require the owner to refund all or part of 
any payments received by the owner under the 
program, together with interest thereon as de-
termined appropriate by the Secretary. 
‘‘(C) COMPATIBLE USES.—Land subject to 
a wetland reserve easement may be used for 
compatible economic uses, including such activi-
ties as hunting and fishing, managed timber 
harvest, or periodic haying or grazing, if such 
use is specifically permitted by the wetland re-
serve easement plan and is consistent with the 
long-term protection and enhancement of the 
wetland resources for which the easement was 
established. 
‘‘(D) 
RESERVATION
OF
GRAZING 
RIGHTS.—The Secretary may include in the 
terms and conditions of an easement a provi-
sion under which the owner reserves grazing 
rights if— 
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242 
‘‘(i) the Secretary determines that the 
reservation and use of the grazing rights— 
‘‘(I) is compatible with the land 
subject to the easement; 
‘‘(II) is consistent with the his-
torical natural uses of the land and 
long-term protection and enhancement 
goals for which the easement was es-
tablished; and 
‘‘(III) complies with the wetland 
reserve easement plan; and 
‘‘(ii) the agreement provides for a 
commensurate reduction in the easement 
payment to account for the grazing value, 
as determined by the Secretary. 
‘‘(E) APPLICATION.—The relevant provi-
sions of this paragraph shall also apply to a 30- 
year contract. 
‘‘(6) COMPENSATION.— 
‘‘(A) DETERMINATION.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall pay as compensation for a permanent 
easement acquired an amount necessary to 
encourage enrollment in the program based 
on the lowest of— 
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243 
‘‘(I) the fair market value of the 
land, as determined by the Secretary, 
using the Uniform Standards of Pro-
fessional Appraisal Practices or an 
area-wide market analysis or survey; 
‘‘(II) the amount corresponding 
to a geographical cap, as determined 
by the Secretary in regulations; or 
‘‘(III) the offer made by the 
landowner. 
‘‘(ii) OTHER.—Compensation for a 
30-year contract or 30-year easement shall 
be not less than 50 percent, but not more 
than 75 percent, of the compensation that 
would be paid for a permanent easement. 
‘‘(B) FORM OF PAYMENT.—Compensation 
shall be provided by the Secretary in the form 
of a cash payment, in an amount determined 
under subparagraph (A). 
‘‘(C) PAYMENT SCHEDULE.— 
‘‘(i) EASEMENTS
VALUED
AT
LESS 
THAN $500,000.—For easements valued at 
$500,000 or less, the Secretary may pro-
vide easement payments in not more than 
10 annual payments. 
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244 
‘‘(ii) EASEMENTS VALUED AT MORE 
THAN $500,000.—For easements valued at 
more than $500,000, the Secretary may 
provide easement payments in at least 5, 
but not more than 10 annual payments, 
except that, if the Secretary determines it 
would further the purposes of the program, 
the Secretary may make a lump sum pay-
ment for such an easement. 
‘‘(c) EASEMENT RESTORATION.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
financial assistance to carry out the establishment of 
conservation measures and practices and protect 
wetland functions and values, including necessary 
maintenance activities, as set forth in a wetland re-
serve easement plan. 
‘‘(2) PAYMENTS.—The Secretary shall— 
‘‘(A) in the case of a permanent easement, 
pay an amount that is not less than 75 percent, 
but not more than 100 percent, of the eligible 
costs; and 
‘‘(B) in the case of a 30-year contract or 
30-year easement, pay an amount that is not 
less than 50 percent, but not more than 75 per-
cent, of the eligible costs. 
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245 
‘‘(d) TECHNICAL ASSISTANCE.— 
‘‘(1) IN GENERAL.—The Secretary shall assist 
owners in complying with the terms and conditions 
of easements and 30-year contracts. 
‘‘(2) CONTRACTS OR AGREEMENTS.—The Sec-
retary may enter into 1 or more contracts with pri-
vate entities or agreements with a State, non-govern-
mental organization, or Indian tribe to carry out 
necessary restoration, enhancement or maintenance 
of an easement if the Secretary determines that the 
contract or agreement will advance the purposes of 
the program. 
‘‘(e) WETLAND ENHANCEMENT OPTION.—The Sec-
retary may enter into 1 or more agreements with a State 
(including a political subdivision or agency of a State), 
nongovernmental organization, or Indian tribe to carry out 
a special wetland enhancement option that the Secretary 
determines would advance the purposes of the program. 
‘‘(f) ADMINISTRATION.— 
‘‘(1) WETLAND RESERVE EASEMENT PLAN.— 
The Secretary shall develop a wetland reserve ease-
ment plan for eligible land subject to a wetland re-
serve easement, which will include the practices and 
activities necessary to restore, protect, enhance, and 
maintain the enrolled land. 
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