{"identifier":"/us/usc/t10/s2694b","title":10,"num":"\u00a7\u202f2694b.","heading":"Participation in wetland mitigation banks","text":"\u00a7\u202f2694b.\nParticipation in wetland mitigation banks\n(a)\nAuthority to Participate.\u2014\nThe Secretary of a military department, and the Secretary of Defense with respect to matters concerning a Defense Agency, when engaged in an authorized activity that may or will result in the destruction of, or an adverse impact to, a wetland, may make payments to a wetland mitigation banking program or \u201cin-lieu-fee\u201d mitigation sponsor approved in accordance with the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605;\nNovember 28, 1995\nNovember 7, 2000\n(b)\nAlternative to Creation of Wetland.\u2014\nParticipation in a wetland mitigation banking program or consolidated user site under subsection (a) shall be in lieu of mitigating wetland impacts through the creation of a wetland on Federal property.\n(c)\nTreatment of Payments.\u2014\nPayments made under subsection (a) to a wetland mitigation banking program or consolidated user site may be treated as eligible project costs for military construction.","url":"https://projectusc.org/usc/t10/s2694b.html","content":[{"t":"sec","id":"/us/usc/t10/s2694b","children":[{"t":"num","text":"\u00a7\u202f2694b."},{"t":"heading","text":"Participation in wetland mitigation banks"},{"t":"subsec","id":"/us/usc/t10/s2694b/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Authority to Participate.\u2014"},{"t":"content","text":"The Secretary of a military department, and the Secretary of Defense with respect to matters concerning a Defense Agency, when engaged in an authorized activity that may or will result in the destruction of, or an adverse impact to, a wetland, may make payments to a wetland mitigation banking program or \u201cin-lieu-fee\u201d mitigation sponsor approved in accordance with the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605; ","children":[{"t":"text","text":"November 28, 1995","tail":") or 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. 66913; "},{"t":"text","text":"November 7, 2000","tail":"), or any successor administrative guidance or regulation."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t10/s2694b/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Alternative to Creation of Wetland.\u2014"},{"t":"content","text":"Participation in a wetland mitigation banking program or consolidated user site under subsection (a) shall be in lieu of mitigating wetland impacts through the creation of a wetland on Federal property.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t10/s2694b/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Treatment of Payments.\u2014"},{"t":"content","text":"Payments made under subsection (a) to a wetland mitigation banking program or consolidated user site may be treated as eligible project costs for military construction.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"}]}]}