§2694c Participation in Conservation Banking Programs

Summary

When a military activity might harm a protected species or its habitat, the relevant Secretary may, if appropriated funds are available, pay an approved conservation bank or an in‑lieu‑fee mitigation sponsor. The bank or sponsor must be approved under one of these federal guidances: Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605; November 28, 1995), Guidance for the Establishment, Use, and Operation of Conservation Banks (68 Fed. Reg. 24753; May 2, 2003), Federal Guidance on the Use of In‑Lieu‑Fee Arrangements for Compensatory Mitigation (65 Fed. Reg. 66915; November 7, 2000), or any successor or related guidance. Payments can be used only to help military testing, operations, training, other military activities, or military construction. Payments made for military construction may count as eligible costs of that project. Money for these payments can 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). “Secretary concerned” means the Secretary of a military department, and the Secretary of Defense for a Defense Agency.