33 USC 2317b - Mitigation banks and in-lieu fee arrangements

U.S Code last checked for updates: May 03, 2024

§ 2317b.

Mitigation banks and in-lieu fee arrangements

(1)

In general

(2)

Requirements

All potential mitigation bank and in-lieu fee credits that meet the criteria under paragraph (1) shall be considered a reasonable alternative for planning purposes if—

(A)

the applicable mitigation bank—

(i)

has an approved mitigation banking instrument; and

(ii)

has completed a functional analysis of the potential credits using the approved Corps of Engineers certified habitat assessment model specific to the region; and

(B)

the Secretary determines that the use of such banks or in-lieu fee programs provide reasonable assurance that the statutory (and regulatory) mitigation requirements for a water resources development project are met, including monitoring or demonstrating mitigation success.

(3)

Effect

Nothing in this subsection—

(A)

modifies or alters any requirement for a water resources development project to comply with applicable laws or regulations, including section 2283 of this title; or

(B)

shall be construed as to limit mitigation alternatives or require the use of mitigation banks or in-lieu fee programs.

(Pub. L. 110–114, title II, § 2036(c), Nov. 8, 2007, 121 Stat. 1094; Pub. L. 114–322, title I, § 1163, Dec. 16, 2016, 130 Stat. 1669.)

cite as: 33 USC 2317b