PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3575 agricultural use or is not returned to its original wetland classification with equivalent functions and values, and which easement prohibits making alterations to such restored wetland that lower the restored wetland's functions and values; or "(3) such wetland was converted subsequent to December 23, 1985, but prior to the date of enactment of this section, and the wetland values, acreage, and functions are mitigated by the producer through the restoration of a converted wetland, the conversion of which occurred or was commenced prior to December 23, 1985, if such restoration meets the requirements of subparagraphs (A), (B), (C), (D), (E), and (F) of paragraph (2). "(g) MITIGATION APPEALS.—A producer shall be afforded the right to appeal, under section 1243, the imposition of a mitigation agreement requiring greater than one-to-one acreage mitigation to which the producer is subject. "(h) GrOOD FAITH EXEMPTION; GRADUATED SANCTIONS. — "(1) GOOD FAITH EXEMPTION. — A person's ineligibility under section 1221 for program loans, pa5mients, and benefits as the result of the conversion of a wetland subsequent to the date of enactment of this subsection, or the production of an agricultural commodity on a converted wetland subsequent to December 23, 1985, may be reduced under paragraph (2) if— "(A) such person is actively restoring the wetland under an agreement entered into with the Secretary to fully restore the characteristics of the converted wetland to its ^ prior wetland state, or such person has previously restored the characteristics of the converted wetland to its prior wetland state as determined by the Secretary; and "(B) the Secretary determines that— "(i) the person has not otherwise violated the provisions of section 1221 in the previous 10-year period on a farm; and "(ii) such person converted a wetland, or produced an agricultural commodity on a converted wetland, in good faith and without the intent to violate the provisions of section 1221. "(2) GRADUATED SANCTIONS. —I f the Secretary determines that a person who has violated the provisions of section 1221 meets the requirements of paragraph (1), the Secretary shall, in lieu of applying the ineligibility provisions in section 1221, reduce by not less than $750 nor more than $10,000, depending on the seriousness of the violation, program benefits described in section 1221 that such person would otherwise be eligible to receive in a crop year. "(3) REUEF. —The relief allowed by this subsection shall include the restoration of benefits withheld for violations that occurred prior to the date of enactment of this section. "(i) RESTORATION. — Any person who is determined to be ineligible for program benefits under section 1221 for any crop year shall not be ineligible for such program benefits under such section for any subsequent crop year if, prior to the beginning of such subsequent crop year, the person has fully restored the characteristics of the converted wetland to its prior wetland state. " (j) DETERMINATIONS; RESTORATION AND MmoATioN PLANS; REPORTING; MONITORING ACTIVITIES. —
�
