§2694b Participation in wetland mitigation banks

Summary

The Secretary of a military department, and the Secretary of Defense for matters about Defense Agencies, may pay an approved wetland mitigation bank or an approved in-lieu-fee sponsor when a military activity may or will damage a wetland. The approvals must follow Federal Guidance (60 Fed. Reg. 58605; November 28, 1995) or the Federal Guidance on In-Lieu-Fee Arrangements (65 Fed. Reg. 66913; November 7, 2000), or any later guidance that replaces them. Using an approved bank or consolidated user site can be done instead of creating a wetland on federal land, and those payments can be counted as eligible military construction project costs.