§2694b Participation in Wetland Mitigation Banks

Summary

The head of a military branch, and the Secretary of Defense for defense agencies, can pay approved wetland mitigation banks or in‑lieu‑fee programs when a military activity will harm or destroy a wetland. The payments must be to programs approved under federal guidance from November 28, 1995, or November 7, 2000, or later replacement guidance. Using those approved programs replaces creating a new wetland on federal land to make up for the damage. Those payments can be counted as allowable military construction project costs.