August 21, 2020

2008 Mitigation Rule – Proposed Rulemaking

The U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency (the Agencies) are beginning consultation and coordination with state and local governments and others on the Agencies’ proposed rulemaking to revise the compensatory mitigation regulations. The Agencies are seeking feedback about how this rulemaking might affect our industry and any recommendations regarding content of a rulemaking that you may have. 

Potential changes under consideration currently include:

  • Removal of the IRT Process
  • Alternatives to add efficiencies in mitigation bank and ILF program evaluation
  • Compliance with Miscellaneous Receipts Statute
  • ILF program accounting
  • Multipurpose compensation projects
  • Changes to the mitigation regulations to address Tribal/State assumption of the Section 404 program
  • Clarity for principal unit of credits for stream mitigation projects

The Pre-Proposal Comment Period Concludes August 9, 2019. Comments and suggestions should be submitted to info@environmentalbanking.org before July 15.

See Powerpoint Presentation “Mitigation Rules Briefing” via the NEBA Reports Page

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