[Federal Register Volume 65, Number 73 (Friday, April 14, 2000)]
[Notices]
[Pages 20240-20245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9279]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers


Notice of a Proposed Wetland Banking Memorandum of Agreement in 
the Commonwealth of Pennsylvania

COORDINATING AGENCIES: Federal Highway Administration, Pennsylvania 
Division (federal); U.S. Army Corps of Engineers Baltimore, 
Philadelphia, and Pittsburgh Districts (federal); U. S. Environmental 
Protection Agency, Region III (federal); U.S. Fish and Wildlife Service 
(federal); U.S. Department of Agriculture, Natural Resource 
Conservation Service (federal); Pennsylvania Department of 
Transportation (state); Pennsylvania Department of Environmental 
Protection (state); Pennsylvania Game Commission (state); Pennsylvania 
Fish and Boat Commission (state).

ACTION: Notice.

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SUMMARY: The purpose of this proposed wetland banking agreement is to 
establish a wetland banking system to provide effective advanced 
compensatory mitigation for unavoidable, minimized impacts to wetlands 
of the United States and the Commonwealth of Pennsylvania resulting 
from transportation construction or maintenance activities. The 
document will serve as an umbrella banking instrument for developing 
site specific subordinate instruments.

COMMENTS: Comments must bear postmarks dated no later than May 15, 
2000.

ADDRESSES: Address comments to either the Pennsylvania Department of 
Transportation, Bureau of Environmental Quality, 555 Walnut Street-- 
7th Floor, Harrisburg, Pennsylvania 17101-1900 (Attn: Ms. Susan 
McDonald) or the Baltimore District Corps of Engineers, Regulatory 
Branch, P.O. 1715, Baltimore, Maryland 21203-1715 (Attn: Mr. Paul 
Wettlaufer) or Federal Highway Administration, Pennsylvania Division, 
228 Walnut Street, Room 536, Harrisburg, Pennsylvania 17101-1720 (Attn: 
Mr. Daniel W. Johnson).

FOR FURTHER INFORMATION CONTACT: Susan McDonald, Acting Division Chief, 
Pennsylvania Department of Transportation, Bureau of Environmental 
Quality, Environmental Analysis Division (717-772-3083).

SUPPLEMENTARY INFORMATION:

Draft Memorandum of Agreement between Commonwealth of Pennsylvania, 
Department of Transportation (PennDOT) and Commonwealth of 
Pennsylvania, Department of Environmental Protection (DEP) and 
Commonwealth of Pennsylvania, Fish and Boat Commission (PAFBC) and 
Commonwealth of Pennsylvania, Game Commission (PGC) and U.S. Army Corps 
of Engineers, North Atlantic Division and U.S. Army Corps of Engineers, 
Ohio Division and U.S. Environmental Protection Agency, Region III 
(EPA) and U.S. Fish and Wildlife Service, Pennsylvania Field Office 
(USFWS) and Natural Resource Conservation Service, Pennsylvania State 
Office (NRCS) and Federal Highway Administration, Pennsylvania Division 
(FHWA)

For the purposes of Establishing a Statewide Umbrella Wetland Banking 
Instrument

    This Memorandum is entered into this ______________ day of 
____________________, 2000, between the above listed parties.
    Whereas, Sections 501 and 502 of the Administrative Code of 1929, 
as amended, 71 P.S. Secs. 181-182 require the Commonwealth Departments 
and agencies to cooperate with one another and coordinate their work; 
and,
    Whereas, Section 2002(a)(7) of the Pennsylvania Administrative Code 
of

[[Page 20241]]

1929, as amended, 71 P.S. Sec. 512(a)(7), requires The Pennsylvania 
Department of Transportation to cooperate with appropriate Federal 
agencies in the coordination of plans and policies in the development 
of transportation facilities; and,
    Whereas, The Pennsylvania Department of Transportation, in pursuit 
of its mission to provide an improved transportation system for the 
citizens of the Commonwealth of Pennsylvania, is required to consider 
the impacts of its projects on wetlands pursuant to the National 
Environmental Policy Act of 1969 42 U.S.C. 4321 et seq. and the Clean 
Water Act of 1977, 33 U.S.C. 1251 et seq., as amended; and,
    Whereas, the federal government has set forth guidance for the 
Establishment, Use and Operation of Mitigation Banks at 60 FR 58605, 
1995.
    Now, therefore, these parties set forth the following as terms and 
conditions of this agreement:

I. Introduction

A. Purpose

    The purpose of this wetland banking agreement (Agreement) is to 
establish a wetland banking system to provide effective compensatory 
mitigation for unavoidable, minimized impacts to wetlands of the United 
States and the Commonwealth resulting from transportation construction 
or maintenance activities. This document serves as an umbrella banking 
instrument for developing site specific subordinate instruments. Site 
specific development plans will be appended to this banking instrument 
as they are developed. Wetland compensatory mitigation is appropriate 
only after it has been demonstrated to the satisfaction of the 
permitting agencies that there is no practicable alternative to 
construction in a wetland and that all practicable measures to avoid 
and minimize impacts to wetlands have been incorporated into the 
project.
    (1) When minimized project impacts total one acre or less, wetland 
bank debiting is appropriate when it has been demonstrated to the 
satisfaction of the permitting agencies that:
    (a) On-site mitigation is not practicable or
    (b) Compensation through wetland bank debiting is of greater 
environmental benefit than on-site mitigation.
    (2) When minimized project impacts total over one acre, wetland 
bank debiting is appropriate compensatory mitigation when it has been 
demonstrated to the satisfaction of the permitting agencies that:
    (a) On-site mitigation is not practicable, and
    (b) Other off-site mitigation is not practicable, or
    (c) Compensation through wetland bank debiting is of greater 
environmental benefit than either on-site mitigation or other off-site 
mitigation.

B. Goal

    The goal of the wetland banking system put forth in this Agreement 
is to provide an efficient and effective means to replace wetland 
functions and values in advance of their loss or alteration by the 
authorized construction or maintenance of transportation facilities. 
Wetland banks should be designed to ensure the maintenance, 
restoration, and, when feasible, improvement of the physical, chemical, 
and biological integrity of wetlands.

C. Authority

    This agreement is established in consideration of the following 
federal and state laws, regulations, policies, and guidance:

Federal:
    Clean Water Act (33 USC 1251 et seq.)
    Rivers and Harbors Act of 1899 (33 U.S.C. 403)
    National Environmental Policy Act (42 U.S.C. 4321 et seq.)
    Executive Order 11990--Protection of Wetlands
    Regulatory Programs of the Corps of Engineers (33 CFR Parts 320 
through 330)
    Section 404 (b)(1) Guidelines for the Specification of Disposal 
Sites for Dredged or Fill Material (40 CFR Part 320)
    Memorandum of Agreement between the EPA and the Department of the 
Army Concerning the Determination of Mitigation under the Clean Water 
Act, Section 404(b)(1) Guidelines, February 6, 1990
    Department of Transportation Order 5660.1A--Preservation of the 
Nation's Wetlands
    Mitigation of Environmental Impacts to Privately Owned Wetlands (23 
CFR 777)
    Fish and Wildlife Coordination Act (16 U.S.C. 661)
    U.S. Fish and Wildlife Service Mitigation Policy (46 FR 7644, 1981)
    Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
    Magnuson Fisheries Conservation and Management Act (16 U.S.C. 1801 
et seq.)
    National Marine Fisheries Habitat Conservation Policy (48 FR 53142, 
1983)
    Transportation Equity Act for the 21st Century (codification 
pending)
    Coastal Zone Management Act (16 U.S.C. 1451 et seq.)
    Federal Guidance for the Establishment, Use, and Operation of 
Mitigation Banks (60 FR 58605, 1995)
State:
    Constitution of the Commonwealth of Pennsylvania, Section 27, 
Article 1
    Pennsylvania Act 120 of 1970
    Dam Safety and Encroachments Act (32 P.S. Secs. 693.5 et seq.)
    Pennsylvania Clean Streams Law (35 P.S. Secs. 691.5 et seq.)
    25 Pa. Code Chapter 82--Conservation of Pennsylvania Native Wild 
Plants
    25 Pa. Code Chapter 93--Water Quality Standards
    25 Pa. Code Chapter 105--Dam Safety and Waterway Management
    Pa. Title 30--The Fish and Boat Code
    Pa. Title 34--The Game and Wildlife Code
    Pennsylvania State Water Plan

D. Benefits

    The advantages of mitigation banking include, but are not limited 
to:
    Compensatory mitigation efforts are in place and functioning prior 
to impacts, thereby reducing the temporal loss of functions and 
ensuring successful replacement.
    Mitigation banks can be monitored and maintained with greater ease 
than numerous small mitigation sites.
    Mitigation banking can improve agency coordination in mitigation 
planning.
    Mitigation banking can reduce permit preparation and evaluation 
time for qualifying projects.
    Mitigation banks may be more resilient to natural environmental 
cycles and may provide increased ecological benefit in comparison to 
numerous small mitigation sites of equal area.
    Mitigation banking can result in decreased cost and increased 
application of sound wetland science in design and construction.

E. Definitions

    Permitting Agencies--Any federal or state agency empowered by 
regulation to authorize the particular use of a mitigation bank as 
compensation for a permitted activity. As it pertains to this agreement 
the permitting agencies are specifically the U.S. Army Corps of 
Engineers (Philadelphia, Baltimore, and Pittsburgh Districts) and the 
Pennsylvania Department of Environmental Protection.
    Bank Sponsor--An organization within the Pennsylvania Department of

[[Page 20242]]

Transportation (such as an Engineering District) assigned the 
responsibility for the establishment and operation of a mitigation bank 
in a given service area.
    Consensus--A process by which a group synthesizes its concerns and 
ideas to form a common collaborative agreement acceptable to all 
members. While the primary goal of consensus is to reach an agreement 
on an issue by all parties, unanimity may not always be possible.
    Creation--The establishment of a wetland where one did not formerly 
exist.
    Credit--A unit of measure representing the accrual or attainment of 
wetland functions at a mitigation bank.
    Debit--A unit of measure representing the loss of wetland functions 
at an impact or project site.
    Development Plan--A site specific plan prepared for each mitigation 
bank site which details the particulars of bank establishment and 
operation.
    Enhancement--Activities conducted in existing wetlands that 
increase one or more wetland functions.
    Environmental Clearance Documentation--Documentation prepared with 
the purpose of compliance with the National Environmental Policy Act 
and/or Pennsylvania Act 120 of 1970. Such documentation is reviewed and 
approved by the Federal Highway Administration and/or the Pennsylvania 
Department of Transportation.
    In-kind replacement--Compensation that provides essentially the 
same set of interrelated wetland functions as those lost at the 
impacted wetlands. This is typically established through classification 
of wetland type.
    Mitigation Bank--A site where wetlands have been restored, created, 
enhanced, or, in exceptional circumstances, preserved expressly for the 
purpose of providing compensatory mitigation in advance of authorized 
impacts to wetlands.
    Mitigation Bank Criteria--Site specific parameters under which a 
bank is operated. These parameters form site specific portions of this 
wetland banking instrument and will be appended hereto as sites are 
developed. These criteria include the approved Development Plan, 
monitoring reports, transaction reports, mitigation bank site 
accounting, and other such documentation as may affect banking 
operations.
    Mitigation Banking Review Team (MBRT)--A group consisting of one 
representative from each of the following agencies (which are signatory 
to this agreement) that oversees the establishment, use and operation 
of banks established under this agreement:
The appropriate U.S. Army Corps of Engineers District (co-chair)
    Philadelphia District (Phil. Corps)
    Baltimore District (Balt. Corps)
    Pittsburgh District (Pbgh. Corps)
U.S. Environmental Protection Agency (EPA)
Natural Resource Conservation Service (NRCS)
U.S. Fish and Wildlife Service (USFWS)
Federal Highway Administration (FHWA)
The Pennsylvania Department of Environmental Protection (DEP) (co-
chair)
Pennsylvania Fish & Boat Commission (PAFBC)
Pennsylvania Game Commission (PGC)
Pennsylvania Department of Transportation, Bureau of Environmental 
Quality (BEQ)

    On-site replacement--Wetland creation, restoration, enhancement or 
preservation to compensate for impacts within the same watershed 
(defined by United States Geological Survey's twelve-digit Hydrologic 
Unit Code) as such impacts occur.
    Out-of-kind replacement--Compensation which is not in-kind 
replacement.
    Participant--An entity obtaining credits from a wetland bank to 
compensate for authorized impacts resulting from that entity's 
activities. Specifically in this agreement, approved Participants are 
limited to the Pennsylvania Department of Transportation and the 
Pennsylvania Turnpike Commission. Other state agencies, county or 
municipal governments, transit authorities, ports, airports and others 
may be deemed appropriate participants by decision of both the Bank 
Sponsor and the Permitting Agencies on a case by case basis when such 
entities impact wetlands directly as a result of delivering 
transportation infrastructure or services.
    Practicable--Available and capable of being done after taking into 
consideration cost, existing technology, and logistics in light of 
overall project purposes.
    Preservation--The protection of ecologically important wetlands in 
perpetuity through the implementation of appropriate legal and physical 
mechanisms. Preservation will only be considered appropriate 
compensatory mitigation in exceptional circumstances.
    Restoration--Re-establishment of previously existing wetland 
characteristics and functions at a site where they have ceased to 
exist.
    Service Area--A set geographic region, based on watershed and 
ecoregion concepts, wherein a bank can reasonably be expected to 
provide appropriate compensation for impacted wetlands within which a 
mitigation bank's debits and credits can be exchanged. Specifically, 
within this agreement these areas are based on Pennsylvania State Water 
Plan subwatersheds that have been correlated to approximate ecosystem 
boundaries. See also the Map of Service Areas, Appendix A.
    Wetland Functions--Natural processes of wetlands that include but 
are not limited to:

Supporting the food chain,
Meeting the general habitat needs of nesting, spawning, rearing and 
resting sites for aquatic and terrestrial species,
Providing areas for the study of the environment,
Providing environmental sanctuary or refuge,
Maintaining natural drainage characteristics including sedimentation 
patterns, salinity distribution, flushing characteristics, and natural 
water filtration,
Shielding other areas from wave action, erosion, or storm damage,
Serving as a storage area for storm and flood waters,
Providing groundwater discharge that supports minimum baseflows,
Serving as a recharge area where surface water and groundwater are 
directly interconnected,
Preventing or reducing pollution impacts (e.g. toxicant retention, 
nutrient transformation),
Providing recreation

    Wetland Type--The characterization and categorization of a wetland 
according to an accepted classification system (i.e. Cowardin, HGM or 
other system as deemed appropriate).
    Wetlands--Those areas that are inundated or saturated by surface or 
groundwater at frequency and duration to support, and that under normal 
circumstances do support, a prevalence of vegetation typically adapted 
for life in saturated soil conditions.

II. Duties and Responsibilities of Signatories and Participants

A. Duties and Responsibilities of the Bank Sponsor

    The bank sponsor will:
    1. Establish the mitigation bank in accordance with Article III 
below.
    2. Operate the mitigation bank in accordance with Articles IV and V 
below.

[[Page 20243]]

B. Duties and Responsibilities of the MBRT

    The MBRT oversees bank development and crediting. All decisions 
made by the MBRT with respect to mitigation bank establishment and 
operation, as outlined in this agreement, shall be reached by consensus 
except as provided for in Article II Section D.1. below. In exercising 
this authority, the MBRT will:
    1. Field view each potential mitigation banking site and recommend 
development of such sites as are appropriate and practicable.
    2. Review, provide comments, and as appropriate, approve bank 
development plans.
    3. Establish available credits for mitigation banks in accordance 
with Section IV.A.6. below.
    4. Advise the Sponsor and Permitting Agencies on maintenance and 
remediation activities.

C. Duties and Responsibilities of the Mitigation Banking Participant

    The Mitigation Bank Participant is responsible to the Permitting 
Agencies and must:
    1. Comply with applicable regulatory processes.
    2. Demonstrate that use of the bank is practicable and appropriate.
    3. Arrange and document the exchange of credits with the Sponsor to 
the satisfaction of the Permitting Agencies.
    4. Participants with known project programs are strongly encouraged 
to annually consult with the Permitting Agencies by providing a list of 
projects that the participant anticipates may qualify for use of a 
mitigation bank.

D. Duties and Responsibilities of Permitting Agencies

    1. As permitting agencies for wetlands, these agencies will co-
chair the MBRT. These co-chair agencies will have the final 
determination on any banking issue with respect to their particular 
regulatory programs in the event that the MBRT cannot reach consensus.
    2. As permitting agencies for wetlands the Permitting Agencies have 
sole authority over the transfer of credits, notwithstanding any other 
decision-making requirements bearing upon them by law or regulation. As 
such they will:
    a. Determine if and when the transfer of credits from a bank is 
appropriate and practicable for compensatory mitigation.
    b. Ensure that in the interest of achieving functional replacement, 
in-kind compensation of aquatic resource impacts should generally be 
required. Out-of-kind compensation may be acceptable if it is 
determined to be practicable and environmentally preferable to in-kind 
compensation (e.g. of greater ecological value to a particular region).
    c. Establish, on a case by case basis, the number of bank credits 
necessary for appropriate compensatory mitigation, within a framework 
that includes areal extent, landscape position, and ecological 
function.
    d. Ensure that a Participant has effected a proper exchange of 
credits.
    e. Ensure compliance with the Mitigation Banking Criteria.
    3. Approve transfers of legal interests in closed wetland banks as 
appropriate.

III. Procedures for Establishing a Wetland Mitigation Bank

    The Bank Sponsor will take the following steps in developing a 
mitigation bank. The development effort should occur in conjunction 
with an appropriate public and agency coordination process that is 
initiated early and is continuous in nature.
    A. Identify sites within a service area with the potential for the 
development of a mitigation bank. Location of anticipated 
transportation program projects should be considered in locating such 
sites. When a watershed assessment has been conducted for a service 
area or a portion thereof, the sponsor should also give consideration 
to the recommendations therein.
    B. Schedule and conduct a field view to assist the MBRT in their 
review and approval of a site for mitigation bank development. The 
field view should include dissemination and discussion of appropriate 
background material concerning the potential bank site. Appropriate 
background material may include such data as a project location map, 
aerial photography, soil survey data, site soil data, preliminary site 
hydrology and rudimentary concepts of potential compensatory mitigation 
options for the site.
    C. Prepare a draft Development Plan. The plan will contain, at a 
minimum, the following information:
    1. The geographic location of the mitigation bank site.
    2. Identification of the applicable service area and anticipated 
need for wetland banking.
    3. Description of existing site conditions including:

a. A wetland delineation and jurisdictional determination where 
appropriate
b. Cultural Resource Issue Identification
c. Threatened and Endangered Species Issue Identification
d. Soils data
e. Hydrologic data
f. Natural communities
g. Land Use and Land Cover

    4. Draft Environmental Clearance Documentation.
    5. Conceptual Mitigation Design including proposed future 
conditions.
    6. Proposed method of securing legal interest.
    D. Conduct an appropriate public involvement effort that, at a 
minimum, consists of a public notice publication.
    E. Submit the Draft Development Plan and the results of the public 
involvement effort to the MBRT for review and approval.
    F. Gain approval of Environmental Clearance Documentation for 
mitigation bank development from FHWA and PennDOT Central Office.
    G. Secure legal interest in the site sufficient to protect the site 
in perpetuity. Such legal interest may be either in the form of fee-
simple interest or a permanent conservation easement.
    H. Conduct final site design as necessary.
    I. Prepare and submit to the MBRT for review and approval the final 
Development Plan. In addition to including all data in the draft 
Development Plan it should include:

1. Project goals and objectives including anticipated benefits to the 
service area,
2. Plans, specifications and estimates for construction including 
excavation, grading, hydrologic alteration, soil and planting issues as 
appropriate,
3. Proposed maintenance program,
4. Proposed monitoring protocol,
5. Anticipated final credit accrual,
6. Any site specific accounting procedures,
7. A closure plan, and
8. Any refinements to the data presented in the draft Development Plan

    J. Obtain all needed contracts and permits.
    K. Ensure that an individual technically competent in the 
construction of compensatory mitigation sites is present during 
construction.
    L. Construct the site.
    M. Submit as-built plans including vegetative plantings to the 
MBRT.

IV. Procedures for the Administrative Operation of a Mitigation 
Bank

A. Establishment of Credits and Timing of Withdrawals

    1. Establishment of credits at a wetland bank will be based on the 
use of an appropriate functional assessment methodology as adopted in 
the Development Plan. If an appropriate functional assessment 
methodology is

[[Page 20244]]

impracticable to employ, acreage may be used as a surrogate for 
measuring function for the determination of credits.
    2. When using a functional assessment methodology to establish 
credits, credits will be based on the net functional increase over 
baseline conditions and the area over which such increase has occurred 
at the time of debiting.
    3. When using acreage and classification as the basis for 
establishing credits, credits resulting from wetland restoration or 
creation will be established at a rate of one credit per acre per type. 
Credits from wetland enhancement or preservation will be accrued at a 
rate based on acreage and type established by the MBRT in advance of 
construction and specific to the bank's development plan and 
compensatory mitigation techniques used.
    4. Upon completion of construction and submission of the as-built 
plans to the MBRT as required in Section III. M., ten percent of the 
anticipated final credits of the bank will be immediately available for 
transfer.
    5. Periodically following construction, upon request of the Sponsor 
or a permitting agency, the MBRT will review the monitoring data and 
establish the new total of credits available for transfer. This 
crediting process will be based on the site's demonstrated progress 
toward the project goals as established in the development plan. This 
process will be continued until the bank site is closed. Final credit 
accrual may exceed the amount anticipated in the original development 
plan when a site exceeds the project goals as established in that 
development plan.
    6. So long as site conditions are maintained in accordance with the 
project goals as established in the development plan, credits remain 
valid. There is no date of expiration beyond which accrued credits are 
discounted due to lack of debiting.

B. Transferring Credits and Accounting Procedures

    1. The Sponsor may transfer credits to any participant specifically 
defined in this agreement for the purposes of the participant's permit 
compliance.
    2. The Sponsor will determine the conditions of credit transfer to 
the participant. The Sponsor retains the right to deny the transfer of 
credits to any potential participant outside of the Pennsylvania 
Department of Transportation.
    3. The Sponsor will provide documentation of the transfer of 
credits to a participant.
    4. The Sponsor will enter the details of credit transfer 
(participant, number and type of credits transferred, date, and 
remaining bank credit balance) into the accounting record.
    5. When PennDOT is the participant, it will provide mitigation for 
impacts less than 0.05 acres at a 1:1 ratio through the transfer of 
bank credits when the impact occurs in the service area of a bank 
having available credits.
    6. Except as provided for in IV.B.5, ratios for the bank debiting 
to provide compensatory mitigation will be determined during the permit 
review process.
    7. The Sponsor will submit to the MBRT a yearly summary of all 
credit transfers from banks operational in that year.

V. Procedures for the Physical Operation of a Mitigation Bank

A. Monitoring

    The Sponsor will monitor the mitigation bank in accordance with the 
protocol established in the Development Plan and provide a yearly 
report of such monitoring to the MBRT. Such monitoring and reporting 
will continue until bank closure.

B. Maintenance

    The Sponsor will maintain the site until bank closure to promote 
the attainment of project goals in accordance with the Development 
Plan. Following bank closure, the Sponsor will maintain the mitigation 
bank as directed by the Permitting Agencies.

C. Remediation

    Once credits are transferred from a bank, the Sponsor is 
responsible for preserving the performance of project goals and 
objectives that caused such credits to accrue. The Sponsor shall take 
all appropriate and practicable measures to ensure this preservation. 
These measures may include remediation at the bank; wetland 
restoration, creation, enhancement or preservation at a new location; 
or other efforts as directed by the permitting agencies.

D. Closure

    The bank will be considered closed after the longer period of the 
following: (a) the monitoring program set forth in the Development Plan 
is complete, or, (b) when the Sponsor requests and the MBRT approves 
closure. Following closure, and as provided for by regulation, the 
Sponsor continues to hold the responsibility to maintain the site as a 
wetland in perpetuity, except as provided for in Section V. E. below. 
Routine maintenance and monitoring will not be required after closure. 
However, as appropriate and practicable, the Permitting Agencies may 
direct the performance of specific maintenance or remediation efforts.

E. Transfer of Legal Interest

    Upon bank closure, the Sponsor may propose, and the MBRT may 
approve, the transfer of legal interest in the site to any public or 
private entity so long as the site will continue to be protected in 
perpetuity. The proposal for transfer of interest must specifically 
stipulate which responsibilities of sponsorship are to be transferred 
to the entity as well as document the entity's awareness and 
willingness to accept such responsibilities.

VI. Ratification, Modification, and Termination of This Agreement

    Nothing in this agreement is intended to diminish, modify, or 
otherwise affect the statutory or regulatory authorities of signatory 
agencies.
    The previously existing mitigation banking interagency agreement 
between PennDOT Engineering District 9-0, the Baltimore Corps District, 
the Pittsburgh Corps District, the DEP Southwest Regional Office, and 
the DEP Southcentral Regional Office and the previously existing 
mitigation banking interagency agreement between PennDOT Engineering 
District 3-0, the Baltimore Corps District, and the DEP Northcentral 
Regional Office, are hereby integrated into and superceded by this 
agreement. All existing plans, permits, negotiations and approvals made 
under these agreements specific to District 9-0 banks sites in Fulton, 
Huntingdon, and Cambria County sites and District 3-0 bank site at the 
former Hoffman Farm in Tioga County are validated under this agreement.
    This agreement will take effect one (1) day after the date of the 
last signature. Periodic review of this agreement by signatory agencies 
will occur every five (5) years following ratification unless waived. 
This agreement may be modified with the approval of all signatories. 
Modifications of this agreement may be proposed by one or more 
signatories. The originator(s) of the modification shall circulate such 
draft modification(s) to all signatories for a sixty (60) day period of 
review. Approval of the modification(s) will be indicated by written 
acceptance. A signatory may terminate participation in

[[Page 20245]]

this agreement upon a ninety (90) day written notice to all other 
signatories.

David C. Lawton,
Assistant Division Administrator, Federal Highway Administration, 
Pennsylvania Division.
Paul Wettlaufer,
Transportation Program Manager, Regulatory Branch, U.S. Army Corps of 
Engineers, Baltimore District.
[FR Doc. 00-9279 Filed 4-13-00; 8:45 am]
BILLING CODE 4910-22-P