10 U.S.C. § 2694b — Participation in wetland mitigation banks

(a) Authority to Participate .— The Secretary of a military department, and the Secretary of Defense about matters concerning a Defense Agency, when engaged in an authorized activity that can or will result in the destruction of, or an adverse impact to, a wetland, can make payments to a wetland mitigation banking program or “in-lieu-fee” mitigation sponsor approved under the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605; November 28, 1995 ) 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; November 7, 2000 ), or any successor administrative guidance or regulation. (b) Alternative to Creation of Wetland .— Participation in a wetland mitigation banking program or consolidated user site under subsection (a) is instead of mitigating wetland impacts through the creation of a wetland on Federal property. (c) Treatment of Payments .— Payments made under subsection (a) to a wetland mitigation banking program or consolidated user site can be treated as eligible project costs for military construction.