§2694b Participation in Wetland Mitigation Banks

Summary

Secretaries of military departments, and the Secretary of Defense for Defense Agencies, may pay approved wetland mitigation banks or approved in‑lieu‑fee sponsors when their authorized work will destroy or harm a wetland. The banks or sponsors must be approved under the Federal Guidance for mitigation banks (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. Using these banks or paying these sponsors replaces the need to create a wetland on federal land. Such payments can also be counted as eligible military construction project costs.