United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2000_register executive 2010-09-23 article Part IV Notices D09002ee1c81ec582 D09002ee1c81ec611 United States Department of Defense originator org United States Government Agency or Subagency United States Department of the Army, Corps of Engineers originator org United States Government Agency or Subagency United States Environmental Protection Agency originator org United States Government Agency or Subagency United States Department of the Interior originator org United States Government Agency or Subagency United States Fish and Wildlife Service originator org United States Government Agency or Subagency United States Department of Commerce originator org United States Government Agency or Subagency United States National Oceanic and Atmospheric Administration originator org United States Government Agency or Subagency The Army Corps of Engineers (Corps), Environmental Protection Agency (EPA), Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) are issuing final policy guidance regarding the use of in-lieu-fee arrangements for the purpose of providing compensation for adverse impacts to wetlands and other aquatic resources. Compensatory mitigation projects are designed to replace aquatic resource functions and values that are adversely impacted under the Clean Water Act Section 404 and Rivers and Harbors Act Section 10 regulatory programs. These mitigation objectives are stated in regulation, the 1990 Memorandum of Agreement on mitigation between Environmental Protection Agency (EPA) and the Department of the Army, the November 28, 1995, Federal Guidance on the Establishment, Use and Operation of Mitigation Banks ("Banking Guidance"), and other relevant policy. The advent of in-lieu-fee approaches to mitigation has highlighted the importance of several fundamental objectives that the agencies established for determining what constitutes appropriate compensatory mitigation. The purpose of this memorandum is to clarify the manner in which in-lieu-fee mitigation may serve as an effective and useful approach to satisfy compensatory mitigation requirements and meet the Administration's goal of no overall net loss of wetlands. This in-lieu-fee guidance elaborates on the discussion of in-lieu-fee mitigation arrangements in the Banking Guidance by outlining the circumstances where in-lieu-fee mitigation may be used, consistent with existing regulations and policy. 65 FR 66914 https://www.govinfo.gov/app/details/FR-2000-11-07/00-28516 00-28516 fr07no00-139 6560-50-P FRL-6898-3 https://www.govinfo.gov/app/details/FR-2000-11-07/00-28516 https://www.govinfo.gov/content/pkg/FR-2000-11-07/html/00-28516.htm https://www.govinfo.gov/content/pkg/FR-2000-11-07/pdf/00-28516.pdf 4 p. 66914 66917 65 FR 66914 Federal Guidance on the Use of In-Lieu-Fee Arrangements for Compensatory Mitigation Under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act; Federal Register Vol. 65, Issue NOTICE 00-28516 IV DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers ENVIRONMENTAL PROTECTION AGENCY DEPARTMENT OF THE INTERIOR Fish and Wildlife Service DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 2000-10-31 FRL-6898-3 6560-50-P 00-28516 Notice.

The Army Corps of Engineers (Corps), Environmental Protection Agency (EPA), Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) are issuing final policy guidance regarding the use of in-lieu-fee arrangements for the purpose of providing compensation for adverse impacts to wetlands and other aquatic resources. Compensatory mitigation projects are designed to replace aquatic resource functions and values that are adversely impacted under the Clean Water Act Section 404 and Rivers and Harbors Act Section 10 regulatory programs. These mitigation objectives are stated in regulation, the 1990 Memorandum of Agreement on mitigation between Environmental Protection Agency (EPA) and the Department of the Army, the November 28, 1995, Federal Guidance on the Establishment, Use and Operation of Mitigation Banks ("Banking Guidance"), and other relevant policy. The advent of in-lieu-fee approaches to mitigation has highlighted the importance of several fundamental objectives that the agencies established for determining what constitutes appropriate compensatory mitigation. The purpose of this memorandum is to clarify the manner in which in-lieu-fee mitigation may serve as an effective and useful approach to satisfy compensatory mitigation requirements and meet the Administration's goal of no overall net loss of wetlands. This in-lieu-fee guidance elaborates on the discussion of in-lieu-fee mitigation arrangements in the Banking Guidance by outlining the circumstances where in-lieu-fee mitigation may be used, consistent with existing regulations and policy.

The effective date is October 31, 2000. Mr. Jack Chowning (Corps) at (202) 761-4614; Ms. Lisa Morales (EPA) at (202) 260-6013; Mr. Mark Matusiak (FWS) at (703) 358-2183; Ms. Susan-Marie Stedman (NMFS) at (301) 713- 2325. Reports and guidance documents; availability, etc.: In-lieu-fee arrangements for compensatory mitigation, Vol. 65, no. 216 Office of the Federal Register, National Archives and Records Administration 2000-11-07 continuing daily deposited born digital 332 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2000-11-07 P0b002ee1809f2f0e 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr07no00 https://www.govinfo.gov/app/details/FR-2000-11-07 https://www.govinfo.gov/content/pkg/FR-2000-11-07/pdf/FR-2000-11-07.pdf https://www.govinfo.gov/content/pkg/FR-2000-11-07/xml/FR-2000-11-07.xml fdlp 66601 66922 DGPO 2010-09-23 2024-06-08 FR-2000-11-07 machine generated eng FR FR-2000-11-07 65 216