[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6006 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6006

To amend title 10, United States Code, to authorize the Secretary of a 
 military department, and the Secretary of Defense with respect to the 
 Defense Agencies, to participate in conservation banking programs and 
                    in-lieu-fee mitigation programs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 8, 2008

 Ms. Bordallo (for herself, Mr. Abercrombie, and Mr. Hayes) introduced 
   the following bill; which was referred to the Committee on Armed 
                                Services

_______________________________________________________________________

                                 A BILL


 
To amend title 10, United States Code, to authorize the Secretary of a 
 military department, and the Secretary of Defense with respect to the 
 Defense Agencies, to participate in conservation banking programs and 
                    in-lieu-fee mitigation programs.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AUTHORIZATION FOR DEPARTMENT OF DEFENSE PARTICIPATION IN 
              CONSERVATION BANKING PROGRAMS.

    (a) Participation Authorized.--Chapter 159 of title 10, United 
States Code, is amended by inserting after section 2694b the following 
new section:
``Sec. 2694c. Participation in conservation banking programs
    ``(a) Authority To Participate.--The Secretary of a military 
department, and the Secretary of Defense with respect to a Defense 
Agency, 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--
            ``(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); or
            ``(3) any successor or related administrative guidance or 
        regulation.
    ``(b) Covered Activities.--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 of the following 
activities:
            ``(1) Military testing, operations, training, or other 
        military readiness activity (as defined in section 315(f) of 
        Public Law 107-314; 16 U.S.C. 703 note).
            ``(2) Military construction.
    ``(c) Treatment and Availability of Amounts for Conservation 
Banking.--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 appropriated to carry out 
the military construction project and intended to be used for such 
payments shall remain available for obligation without fiscal year 
limitation.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
2694b the following new item:

``2694c. Participation in conservation banking programs.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2008.
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