An Act to provide for conserving surface waters; to preserve and improve habitat for migratory waterfowl and other wildlife resources; to reduce runoff, soil and wind erosion, and contribute to flood control, and for other purposes
PL 91-559 (H.R.15770), enacted 12/19/1970

1468 
PUBLIC LAW 91-558-DEC. 17, 1970 
[84 STAT. 
Land assignment 
modification. 
Long-term 
l e a s e s . 
Ante, p. 302. 
SEC. 7. Notwithstanding any other provision of law, any assignment 
of land on the Soboba Eeservation shall be modified, reduced in size, 
revoked, or otherwise limited by the governing body of the Soboba 
Band, or by the Secretary of the Interior if in his judgment the gov-
erning body fails to act effectively, in order to assure that the benefits 
from the development of the land with water provided pursuant to this 
Act, other than for subsistence purposes, will accrue to the Band rather 
than to the assignee. 
SEC. 8. The second sentence of section 1 of the Act of August 9,1955 
(69 Stat. 539), as amended (25 U.S.C. 415), is hereby amended by 
inserting after "Gila River Reservation," the words "the Soboba 
Indian Reservation,". 
Approved December 17, 1970. 
December 17, 1970 
[S.4536] 
Public Law 91-558 
AN ACT 
To amend the Small Business Act. 
Small Business 
Act, amendment. 
Revolving 
funds. 
80 Stat. 132; 
81 Stat. 268. 
15 u s e 633. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress 
assembled, 
TITLE I—SMALL BUSINESS ADMINISTRATION 
S E C 101. Paragraph (4) of section 4(c) of the Small Business Act 
is amended— 
(1) by striking out "$1,900,000,000" and inserting in lieu thereof 
"$2,200,000,000"; 
(2) by striking out "$300,000,000" and inserting in lieu thereof 
"$5iOO,000,000";and 
(3) by striking out "$200,000,000" and inserting in lieu thereof 
"$300,000,000". 
TITLE II—AUTHORIZATION FOR PRESIDENT TO STA-
BILIZE PRICES, RENTS, WAGES, AND SALARIES 
SEC. 201. Section 206 of the Economic Stabilization Act of 1970 (84 
Stat. 799-800; Public Law 91-379) is amended by striking out "Febru-
ary 28, 1971," and inserting in lieu thereof "March 31, 1971,"; and 
by striking out "Marcli 1,1971," and inserting in lieu thereof "April 1, 
1971,". 
Approved December 17, 1970. 
December 19, 1970 
[H. R.15770] 
Public Law 91-559 
AN ACT 
To provide for c-onsei-ving surface waters; to preserve and improve habitat for 
migratory waterfowl and other wildlife resources; to reduce runoff, soil and 
wind erosion, and contribute to flood control; and for other purposes. 
Be it eniicted hy the Senate and Houne of Representatiees 
of the 
Water Bank Act. United Statcs of Ameiica in Congress assembled., Tliat this Act may 
be cited as the "Water Bank Act". 
Water bank pro- 
gjj(.^ ^^ ^he Cougress fiuds that it is in the public interest to pre-
'•^^'^' 
serve, restore, and improve the wetlands of the Nation, and thereby to 
84 STAT. ] 
PUBLIC LAW 91-559-DEC. 19, 1970 
1459 
conserve surface waters, to preserve and improve habitat for migratory 
waterfowl and other wildlife resources, to reduce runoff, soil and wind 
erosion, and contribute to flood control, to contribute to improved water 
(][uality and reduce stream sedimentation, to contribute to improved 
subsurface moisture, to reduce acres of new land coming into produc-
tion and to retire lands now in agricultural production, to enhance the 
natural beauty of the landscape, and to promote comprehensive and 
total w^ater management planning. The Secretary of Agriculture (here-
inafter in this Act referred to as the "Secretary*') is authorized and 
directed to formulate and carry cut a continuous program to prevent 
the serious loss of wetlands, and to preserve, restore, and improve such 
lands, which program shall begin on July 1, iOTl. 
SEC. 3. In effectuating the water bank program authorized by this 
conservation 
Act, the Secretary shall have authority to enter into agreements with ^^'•«^™^"'^-
landowners and operators in important migratory waterfowl nesting 
and breeding areas for the conservation of water on specified farm, 
ranch, or other wetlands identified in a conservation plan developed 
in cooperation with the Soil and Water Conservation District in which 
the lands are located, under such rules and regulations as the Secre-
tary may prescribe. These agreements shall be entered into for a 
period of ten years, with provision for renewal for additional periods of 
ten years each. The Secretary shall reexamine the payment rates at 
the beginning of any such ten-year renewal period in the light of the 
then current land and crop values and make needed adjustments in 
rates for any such renewal period. As used in this Act, the term 
"wetiands." 
"w^etlands'' means the inland fresh areas (types 1 through 5) described 
in Circular 39, Wetlands of the United States, published by the United 
States Department of the Interior (including artificially developed 
inland fresh areas w^hich meet the description of inland fresh areas, 
types 1 through 5, contained in such Circular 39). No agreement shall 
be entered into under this Act concerning land with respect to which 
the ownership or control has changed in the two-year period preceding 
the first year of the agreement period unless the new ownership was 
acquired by will or succession as a result of the death of the previous 
owner, or unless the new ownership was acquired prior to July 1,1971, 
under other circumstances which the Secretary determines, and speci-
fies by regulation, will give adequate assurance that such land w^as 
not acquired for the purpose of placing it in the program, except that 
this sentence shall not be construed to prohibit the continuation of an 
agreement by a new owner or operator after an agreement has once 
been entered into under this Act, A person who has operated the land 
to be covered by an agreement under this Act for as long as two years 
preceding the date of the agreement and w^ho controls the land for the 
agreement period shall not be required to own the land as a condition 
of eligibility for entering into the agreement. Nothing in this section 
shall prevent an owner or operator from placing land in the program 
if the land was acquired by the owmer or operator to replace eligible 
land from which he was displaced because of its acquisition by any 
Federal, State, or other agency having the right of eminent domain. 
1470 
PUBLIC LAW 91-559-DEC. 19, 1970 
[84 
STAT. 
Agreement 
provisions. 
Safeguards. 
Xlie Secretai'y shall provide adequate safeguards to protect the inter-
ests of tenants and sharecroppers, including provision for sharing, on 
a fair and equitable basis, in payments or compensation under this 
program. No provision of this Act shall prevent an owner or operator 
who is participating in the program under this Act from participating 
in other Federal or State programs designed to conserve or protect 
wetlands. 
SEC. 4. In the agreement between the Secretary and an owner or 
operator, the owner or operator shall agree— 
(1) to place in the program for the period of the agreement eligi-
ble wetland areas he designates, which areas may include wetlands 
covered by a Federal or State government easement which permits 
agricultural use, together with such adjacent areas as determined 
desirable by the Secretary; 
(2) not to drain, burn, fill, or otherwise destroy the wetland 
character of such areas, nor to use such areas for agricultural pur-
poses, as determined by the Secretary; 
(3) to effectuate the wetland conservation and development plan 
for his land in accordance with the terms of the agreement, unless 
any requirement thereof is waived or modified by the Secretary 
pursuant to section 7 of this Act; 
(4) to forfeit all rights to further payments or grants under the 
agreement and refund to the United States all payments or grants 
received thereunder upon his violation of the agreement at any 
stage during the time he has control of the land subject to the 
agreement if the Secretary determines that such violation is of 
such a nature as to warrant termination of the agreement, or to 
make refunds or accept such payment adjustments as the Secretary 
may deem appropriate if he determines that the violation by the 
owner or operator does not warrant termination of the agreement; 
(5) upon transfer of his right and interest in the lands subject 
to the agreement during the agreement period, to forfeit all rights 
to further payments or grants under the agreement and refund to 
the United States all payments or grants received thereunder 
during the year of the transfer unless the transferee of any such 
land agrees with the Secretary to assume all obligations of the 
agreement; 
(6) not to adopt any practice specified by the Secretary in the 
agreement as a practice which would tend to defeat the purposes 
of the agreement; and 
(7) to such additional j)rovisions as the Secretary determines 
are desirable and includes in the agreement to effectuate the pur-
poses of the program or to facilitate its administration. 
Annual payments, 
g,EQ^ 5. Ju retuHi 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 devel-
opment practices on the wetlands and adjacent areas for the purposes 
of this Act as the Secretary determines to be appropiiate. In making 
his determination, the Secretary shall consider, among other things, 
84 STAT. ] 
PUBLIC LAW 91-559-DEC. 19, 1970 
1471 
the rate of comi)eiisation 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, trap-
ping, fishing, and hiking, subject to applicable State and Federal 
regulations. 
SEC. 6, Any agreement may be renewed or extended at the end of the 
agreement period for an additional period of ten years by mutual 
agreement of the Secretary and the owner or operator, subject to any 
rate redetermination by the Secretary. If during the agreement period 
the owner or operator sells or otherwise divests himself of the owner-
ship or right of occupancy of such land, the new owner or operator 
may continue such agreement under the same terms or conditions, or 
enter into a new agreement in accordance with the jjro 
vis ions of this 
Act, including the provisions for renewal and adjustment of payment 
rates, or he may choose not to participate in such program. 
SEC. 7. The Secretary may terminate any agreement by mutual agree-
ment with the owner or operator if the Secretary determines that such 
termination would be in the public interest, and may agree to such 
modification of agreements as he may determine to be desirable to 
carry out the purposes of the program or facilitate its administration. 
SEC. 8. In carrying out the program, the Secretary may utilize the 
services of local, county, and State committees established under sec-
tion 8 of the Soil Conservation and Domestic Allotment Act, as 
amended. The Secretary is authorized to utilize the facilities and serv-
ices of the Commodity Credit (Corporation in discharging his functions 
and responsibilities under this program. 
SEC. 9. The Secretary may, without regard to the civil service laws, 
appoint an Advisory Board to advise and consult on matters relating 
to his functions under this Act as he deems appropriate. The Board 
shall consist of persons chosen from members of organizations such as 
wildlife organizations, land-grant colleges, farm organizations. State 
game and fish departments, soil and water conservation district associa-
tions, water management organizations, and representatives of the 
general public. Members of such an Advisory Board who are not reg-
ular full-time employees of the United States shall be entitled to reim-
bursement on an actual expense basis for attendance at Advisory 
Board meetings. 
SEC. 10. The Secretary shall consult with the Secretary of the In-
terior and take appropriate measures to insure that the program car-
ried out pursuant to this Act is in harmony with wetlands programs 
administered by the Secretary of the Interior. He shall also, insofar 
as practicable, consult with and utilize the technical and related services 
of appropriate local, State, Federal, and private conservation agencies 
to assure coordination of the program with programs of such agencies 
and a solid technical foundation for the program. 
SEC. 11. There are hereby authorized to be appropriated without 
fiscal year limitation, such sums as may be necessary to carry out the 
program authorized by tliis Act. In carrying out the program, the 
Secretary shall not enter into agreements Avith owners and operators 
which would require payments to owners or operators in any calendar 
year under such agreements in excess of $10,000,000. 
SEC. 12. The Secretary shall prescribe such regulations as he deter-
mines necessary and desirable to carry out the provisions of this Act. 
Approved December 19, 1970. 
Agreement 
renewal. 
Termination. 
Services and 
facilities, utili2:a-
tion, 
49 Stat, 1149. 
16 u s e 590h. 
Advisory Board. 
Program coor-
dination. 
Appropriation. 
Regulations.