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Court OpinionsState LawsAlabama US Code1 USC - General Provisions US Constitution |
33 USC 2317b - Wetlands mitigationLegal Research Home > US Code > Navigation and Navigable Waters > 33 USC 2317b - Wetlands mitigation Sec. 2317b. Wetlands mitigation(1)In general In carrying out a water resources project that involves wetlands mitigation and that has impacts that occur within the service area of a mitigation bank, the Secretary, where appropriate, shall first consider the use of the mitigation bank if the bank contains sufficient available credits to offset the impact and the bank is approved in accordance with the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605) or other applicable Federal law (including regulations). (2) Service area To the maximum extent practicable, the service area of the mitigation bank under paragraph (1) shall be in the same watershed as the affected habitat. (3) Responsibility for monitoring (A) In general Purchase of credits from a mitigation bank for a water resources project relieves the Secretary and the non-Federal interest from responsibility for monitoring or demonstrating mitigation success. (B) Applicability The relief of responsibility under subparagraph (A) applies only in any case in which the Secretary determines that monitoring of mitigation success is being conducted by the Secretary or by the owner or operator of the mitigation bank. Sections: Previous 2313b 2314 2314a 2315 2316 2317 2317a 2317b 2318 2319 2320 2321 2321a 2322 2323 Next Last modified: July 21, 2011 |
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