10 U.S.C. § 2694c — Participation in conservation banking programs
submitted 18 years ago by Pub. L. 110-417 to r/title-10-ARMED-FORCES · 351 words · no verdicts yet
This section lets the Department of Defense pay approved conservation banks or in-lieu-fee sponsors for specified military activities that may harm protected species or their habitat. It identifies allowed activities, funding sources, and when payments can count as military-construction costs.
(a) Authority to Participate .— If appropriated funds are available, the Secretary concerned may make payments to a "conservation banking program" or an "in-lieu-fee" mitigation sponsor approved in accordance with any of the following, when the Secretary is engaged or proposes to engage in an activity described in subsection (b) that may or will cause an adverse impact to one or more species protected, or awaiting protection, under any applicable provision of law, or to habitat for those species: (1) the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605; November 28, 1995); (2) the Guidance for the Establishment, Use, and Operation of Conservation Banks (68 Fed. Reg. 24753; May 2, 2003); (3) 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. 66915; November 7, 2000); or (4) any successor or related administrative guidance or regulation.
(b) Covered Activities .— Payments to a "conservation banking program" or an "in-lieu-fee" mitigation sponsor under subsection (a) may be made only to facilitate one or more of these activities: (1) Military testing, operations, training, or other military activity. (2) Military construction.
(c) Treatment of Amounts for Conservation Banking .— Payments made under subsection (a) to a "conservation banking program" or an "in-lieu-fee" mitigation sponsor to facilitate military construction may be treated as eligible costs of the military construction project.
(d) Source of Funds .— Amounts available from any of the following sources may be used for activities under this section: (1) Operation and maintenance. (2) Military construction. (3) Research, development, test, and evaluation. (4) 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).
(e) Secretary Concerned Defined .— In this section, "Secretary concerned" means: (1) the Secretary of a military department*; and (2) the Secretary of Defense with respect to a Defense Agency*. This section does not define "conservation banking program", "in-lieu-fee mitigation sponsor", "adverse impact", "species", or "habitat".
Subject to the availability of appropriated funds, the Secretary concerned, when engaged or proposing to engage in an activity described in subsection (b) that may or will result in an adverse impact to one or more species protected (or pending protection) under any applicable provision of law, or habitat for such species, may make payments to a conservation banking program or “in-lieu-fee” mitigation sponsor approved in accordance with—
the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605; November 28, 1995);
the Guidance for the Establishment, Use, and Operation of Conservation Banks (68 Fed. Reg. 24753; May 2, 2003);
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. 66915; November 7, 2000); or
any successor or related administrative guidance or regulation.
Payments to a conservation banking program or “in-lieu-fee” mitigation sponsor under subsection (a) may be made only for the purpose of facilitating one or more of the following activities:
Military testing, operations, training, or other military activity.
Military construction.
Payments made under subsection (a) to a conservation banking program or “in-lieu-fee” mitigation sponsor for the purpose of facilitating military construction may be treated as eligible costs of the military construction project.
Amounts available from any of the following shall be available for activities under this section:
Operation and maintenance.
Military construction.
Research, development, test, and evaluation.
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).
In this section, the term “Secretary concerned” means—
the Secretary of a military department*; and
the Secretary of Defense with respect to a Defense Agency*.
Source credit: (Added Pub. L. 110–417, [div. A], title III, § 311(a), Oct. 14, 2008, 122 Stat. 4408; amended Pub. L. 111–84, div. A, title III, § 311, Oct. 28, 2009, 123 Stat. 2247; Pub. L. 111–383, div. A, title X, § 1075(b)(45), Jan. 7, 2011, 124 Stat. 4371.)
- 2008Enacted · Pub. L. 110-417 · 122 Stat. 4408
- 2009Amended · Pub. L. 111-84 · 123 Stat. 2247
- 2011Amended · Pub. L. 111-383 · 124 Stat. 4371
A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-417 on 2008-10-14.
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