§2694c — Title 10 Armed Forces | U.S. Code

Summary

If money is available, the Secretary concerned may pay an approved conservation bank or an approved in‑lieu‑fee mitigation sponsor when a planned or current activity could harm a species that is protected or being considered for protection, or its habitat. The bank or sponsor must be approved under federal guidance issued November 28, 1995; November 7, 2000; or May 2, 2003, or under any later related guidance. Payments may only be used to help military testing, operations, training, other military activity, or military construction. Payments for military construction may be counted as eligible project costs. Funds may come from operation and maintenance; military construction; research, development, test, and evaluation; or the Support for United States Relocation to Guam Account established under section 2824 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4730; 10 U.S.C. 2687 note). The term “Secretary concerned” means the Secretary of a military department, or the Secretary of Defense for a Defense Agency.

Title 10, §2694c

Armed Forces — Source: USLM XML via OLRC

(a)Subject to the availability of appropriated funds, the Secretary concerned, when engaged or proposing to engage in an activity described in subsection (b) that may or will result in an adverse impact to one or more species protected (or pending protection) under any applicable provision of law, or habitat for such species, may make payments to a conservation banking program or “in-lieu-fee” mitigation sponsor approved in accordance with—

(1)the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605; November 28, 1995);

(2)the Guidance for the Establishment, Use, and Operation of Conservation Banks (68 Fed. Reg. 24753; May 2, 2003);

(3)the Federal Guidance on the Use of In-Lieu-Fee Arrangements for Compensatory Mitigation Under section 404 of the Clean Water Act and section 10 of the Rivers and Harbors Act (65 Fed. Reg. 66915; November 7, 2000); or

(4)any successor or related administrative guidance or regulation.

(b)Payments to a conservation banking program or “in-lieu-fee” mitigation sponsor under subsection (a) may be made only for the purpose of facilitating one or more of the following activities:

(1)Military testing, operations, training, or other military activity.

(2)Military construction.

(c)Payments made under subsection (a) to a conservation banking program or “in-lieu-fee” mitigation sponsor for the purpose of facilitating military construction may be treated as eligible costs of the military construction project.

(d)Amounts available from any of the following shall be available for activities under this section:

(1)Operation and maintenance.

(2)Military construction.

(3)Research, development, test, and evaluation.

(4)The Support for United States Relocation to Guam Account established under section 2824 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4730; 10 U.S.C. 2687 note).

(e)In this section, the term “Secretary concerned” means—

(1)the Secretary of a military department; and

(2)the Secretary of Defense with respect to a Defense Agency.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2011—Subsec. (d)(4). Pub. L. 111–383 inserted “Authorization” after “Military

Construction

”. 2009—Subsec. (a). Pub. L. 111–84, § 311(1), struck out “to carry out this section” after “appropriated funds” in introductory provisions. Subsecs. (d), (e). Pub. L. 111–84, § 311(2), (3), added subsec. (d) and redesignated former subsec. (d) as (e).

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 110–417, [div. A], title III, § 311(c), Oct. 14, 2008, 122 Stat. 4409, provided that: “Section 2694c of title 10, United States Code, as added by subsection (a), shall take effect on

October 1, 2008, and only funds appropriated for fiscal years beginning after

September 30, 2008, may be used to carry out such section.”

§2694c Participation in conservation banking programs