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DOD/COE | RIN: 0710-AA83 | Publication ID: Spring 2019 |
Title: Compensatory Mitigation for Losses of Aquatic Resources--Review and Approval of Mitigation Banks and In-Lieu Fee Programs | |
Abstract:
In 2008, the U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) 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 for mitigation banks and in-lieu fee programs includes an opportunity for public and agency review and comment, as well as a second review by an interagency review team. The interagency review team consists of Federal, Tribal, State, and local agencies that review documentation and provide the USACE with advice on the establishment and management of mitigation banks and in-lieu fee programs. The Corps is reviewing the review and approval process and the interagency review team process to identify ways to enhance the efficiency of the mitigation bank and in-lieu fee program approval time frames by generating savings to the public through shorter review times for proposed mitigation banks, in-lieu fee programs, instrument modifications, and credit release requests while also promoting conservation and wetland mitigation projects. The Corps will also consider whether there are opportunities for efficiency and clarity improvement from relying on area-based credit metrics for stream compensatory mitigation projects rather than linear metrics. |
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Agency: Department of Defense(DOD) | Priority: Other Significant |
RIN Status: Previously 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 | |
Legal Authority: 33 U.S.C. 1344 33 U.S.C. 403 33 U.S.C. 1413 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Undetermined |
Federalism: No | |
Included in the Regulatory Plan: Yes | |
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 Email: david.b.olson@usace.army.mil |