§ 1410.108 - Restoration of wetlands.

An owner or operator who has entered into a contract under part 704 of this title as of November 28, 1990, on land that is suitable for restoration to wetlands or that was restored to wetlands while under such contract, may, if approved by CCC, elect to transfer such eligible acres subject to such contract, which are devoted to an approved cover, from such contract to the wetland reserve program; provided that such offer for transfer occurs during the first or second available signup for intention period under the WRP for the State and agreed to by FSA. Transfers on offers submitted after the second available WRP signup period within a State will only be permitted if the owner agrees to refund all payments received under CRP since the close of the second available WRP signup period within the State;

(a) Contracts may only be converted under this section if:

(1) Such areas are determined suitable for the wetlands reserve program;

(2) Such owner or operator provides an easement in accordance with subpart C of this part covering such areas;

(3) There is a high probability, as determined by CCC, of successful restoration of such areas; and

(4) The restoration of such area otherwise meets the requirements of subpart C of this part.

(b) An owner or operator who has entered into a contract under part 704 of this title may, if approved by CCC, restore suitable acres to wetlands while under such contract without cost-share assistance under the CRP since water is an approved cover. The approved restoration shall become a part of the conservation plan for the contracted area.