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DOD/COE RIN: 0710-AA83 Publication ID: Spring 2021 
Title: Compensatory Mitigation for Losses of Aquatic Resources--Review and Approval of Mitigation Banks and In-Lieu Fee Programs 
Abstract:

In 2008, the Corps and the U.S. Environmental Protection Agency (EPA) issued a final rule governing compensatory mitigation for activities authorized by Clean Water Act (CWA) section 404 permits and associated losses of aquatic resources (73 FR 19593). The current regulation prescribes a review and approval process for the establishment and management of mitigation banks and in-lieu fee programs. The current 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 current programs include an opportunity for public and agency review and comment, as well as a second review by an interagency review team.  This proposal is intended to consider ways to enhance the efficiency of the mitigation bank and in-lieu fee program approval time frames with the goal of 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 additional opportunities for efficiency and clarity improvement in other areas of the regulation as well as additional ways to increase opportunities for investment in conservation.

 
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 
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
Timetable:
Action Date FR Cite
NPRM  09/00/2021 
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:
Andy Beaudet
Regulatory Program Manager
Department of Defense
U.S. Army Corps of Engineers
441 G Street NW, Attn: CECW-CO-R,
Washington, DC 20314
Phone:202 761-4614