NMBA Blog

The proposed mitigation rule currently calls for an end to in-lieu fees.http://www.epa.gov/owow/wetlands/pdf/MitRuleNPRM.pdfWe understand that there may be a fall back to allow in-lieu fees. This blog is to get feedback on what sort of requirements in-lieu-fees should have to ensure that the equivlaence required in the 2003 Defense Authoriziation Bill (PL 108-136 Section 314 Paragraph 2694b(b))

Water Resources Development Act Provides Preference for Mitigation Banking.

The Association's efforts to gain Congressional recognition of mitigation banking has resulted in favorable language requiring the Corps of Engineers to give a "first consideration" to available mitigation banks to provide mitigation credits for federally funding water projects. The statutory language is printed below.
The bill now returns for final votes by the House and the Senate, and then Presidential signature. We expect the law to be finally enacted within the next few weeks.
WRDA Conference Report:
Section 2036:
(c) Wetlands Mitigation.-
(1) In General. – In carrying out a water resources project that involves wetlands mitigation and that has impacts that occur within the service area of a mitigation bank, the Secretary, where appropriate, shall first consider the use of the mitigation bank if the bank contains sufficient available credits to offset the impact and the bank is approved in accordance with the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605) or other applicable Federal law (including regulations).
(2) Service Area. – To the maximum extent practicable, the service area of the mitigation bank under paragraph (1) shall be in the same watershed as the affected habitat.