---
kind: "section"
citation: "16 U.S.C. § 1303"
title: "16"
title_heading: "Conservation"
number: "1303"
heading: "Terms of agreement; required provisions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/1303"
units:
  - "Chapter 29 — Water Bank Program for Wetlands Preservation"
---

# §1303. Terms of agreement; required provisions


In the agreement between the [Secretary](/usc/16/410r–5.md?p=c-1) and an [owner](/usc/16/429b–3.md?p=4) or operator, the [owner](/usc/16/429b–3.md?p=4) or operator shall agree—

- (1) to place in the program for the period of the agreement eligible wetland [areas](/usc/16/539m–1.md?p=1-A) he designates, which [areas](/usc/16/539m–1.md?p=1-A) may include wetlands covered by a Federal or [State](/usc/16/590q.md?p=a) government easement which permits agricultural use, together with such adjacent [areas](/usc/16/539m–1.md?p=1-A) as determined desirable by the [Secretary](/usc/16/410r–5.md?p=c-1);
- (2) not to drain, burn, fill, or otherwise destroy the wetland character of such [areas](/usc/16/539m–1.md?p=1-A), nor to use such [areas](/usc/16/539m–1.md?p=1-A) for agricultural purposes, as determined by the [Secretary](/usc/16/410r–5.md?p=c-1);
- (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](/usc/16/410r–5.md?p=c-1) pursuant to [section 1306 of this title](/usc/16/1306.md);
- (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](/usc/16/620e.md?p=11) of the agreement at any stage during the time he has control of the land subject to the agreement if the [Secretary](/usc/16/410r–5.md?p=c-1) determines that such [violation](/usc/16/620e.md?p=11) is of such a nature as to warrant termination of the agreement, or to make refunds or accept such payment adjustments as the [Secretary](/usc/16/410r–5.md?p=c-1) may deem appropriate if he determines that the [violation](/usc/16/620e.md?p=11) by the [owner](/usc/16/429b–3.md?p=4) 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](/usc/16/410r–5.md?p=c-1) to assume all obligations of the agreement;
- (6) not to adopt any practice specified by the [Secretary](/usc/16/410r–5.md?p=c-1) in the agreement as a practice which would tend to defeat the purposes of the agreement; and
- (7) to such additional provisions as the [Secretary](/usc/16/410r–5.md?p=c-1) determines are desirable and includes in the agreement to effectuate the purposes of the program or to facilitate its administration.

## Source credit

(Pub. L. 91–559, § 4, Dec. 19, 1970, 84 Stat. 1470.)