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DOD/COE RIN: 0710-AA83 Publication ID: Spring 2018 
Title: ●Compensatory Mitigation for Losses of Aquatic Resources - Review and Approval of Mitigation Banks and In-Lieu Fee Programs 

In 2008, the U.S. Army Corps of Engineers (Corps) issued a final rule governing compensatory mitigation for losses of aquatic resources (73 FR 19593). The regulation prescribes a review and approval process for the establishment and management of mitigation banks and in-lieu fee programs. The regulation also includes time frames for certain steps in the mitigation bank and in-lieu fee program review and approval process. The review and approval process includes an opportunity for public and agency review and comment on mitigation banks and in-lieu fee programs, as well as a second review by an interagency review team. The interagency review team consists of federal, state, and local agencies, Tribal nations, and the mitigation bank or in-lieu fee program sponsor. The Corps is reviewing the review and approval process and the interagency review team process in particular to enhance the efficiency of the mitigation bank and in-lieu fee program approval time frames. An increase in efficiency would likely result in savings to the public because it is expected to result in shorter review times for proposed mitigation banks, in-lieu fee programs, and instrument modifications, as well as credit release requests, and decreases in the resources other federal, state, and local agencies expend in reviewing these activities, attending meetings, participating in site visits, and providing their comments to the Corps.

Agency: Department of Defense(DOD)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
EO 13771 Designation: Deregulatory 
CFR Citation: 33 CFR 332.8   
Legal Authority: 33 USC 1344    33 USC 403    33 USC 1413   
Legal Deadline:  None
Action Date FR Cite
NPRM  03/00/2019 
NPRM Comment Period End  05/00/2019 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
David B. Olson
Regulatory Program Manager
Department of Defense
U.S. Army Corps of Engineers
441 G Street NW, CECW-CO,
Washington, DC 20314-1000
Phone:202 761-4922