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United States Code
Title 10 - ARMED FORCESSubtitle A - GENERAL MILITARY LAWPart IV - SERVICE, SUPPLY, AND PROPERTY
Chapter 159 - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE OF NON-EXCESS PROPERTY
Section 2694c - Participation in conservation banking programs

10 U.S.C. § 2694c

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Current through P.L. 118-78 (published on www.congress.gov on 07/30/2024)
Section 2694c - Participation in conservation banking programs
(a) AUTHORITY TO PARTICIPATE.-Subject to the availability of appropriated funds, the Secretary concerned, 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);
(3) the 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 (65 Fed. Reg. 66915; November 7, 2000); or
(4) 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 or more of the following activities:
(1) Military testing, operations, training, or other military activity.
(2) Military construction.
(c) TREATMENT 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.
(d) SOURCE OF FUNDS.-Amounts available from any of the following shall be available for activities under this section:
(1) Operation and maintenance.
(2) Military construction.
(3) Research, development, test, and evaluation.
(4) The Support for United States Relocation to Guam Account established under section 2824 of the Military Construction Authorization Act for Fiscal Year 2009 ( division B of Public Law 110-417; 122 Stat. 4730; 10 U.S.C. 2687 note).
(e) SECRETARY CONCERNED DEFINED.-In this section, the term "Secretary concerned" means-
(1) the Secretary of a military department; and
(2) the Secretary of Defense with respect to a Defense Agency.

10 U.S.C. § 2694c

Added Pub. L. 110-417, [div. A], title III, §311(a), Oct. 14, 2008, 122 Stat. 4408; amended Pub. L. 111-84, div. A, title III, §311, Oct. 28, 2009, 123 Stat. 2247; Pub. L. 111-383, div. A, title X, §1075(b)(45), Jan. 7, 2011, 124 Stat. 4371.

EDITORIAL NOTES

AMENDMENTS2011-Subsec. (d)(4). Pub. L. 111-383 inserted "Authorization" after "Military Construction". 2009-Subsec. (a). Pub. L. 111-84, §311(1), struck out "to carry out this section" after "appropriated funds" in introductory provisions.Subsecs. (d), (e). Pub. L. 111-84, §311(2), (3), added subsec. (d) and redesignated former subsec. (d) as (e).

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE Pub. L. 110-417, [div. A], title III, §311(c), Oct. 14, 2008, 122 Stat. 4409, provided that: "Section 2694c of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 2008, and only funds appropriated for fiscal years beginning after September 30, 2008, may be used to carry out such section."

Defense Agency
The term "Defense Agency" means an organizational entity of the Department of Defense-(A) that is established by the Secretary of Defense under section 191 of this title (or under the second sentence of section 125(d) of this title (as in effect before October 1, 1986)) to perform a supply or service activity common to more than one military department (other than such an entity that is designated by the Secretary as a Department of Defense Field Activity); or(B) that is designated by the Secretary of Defense as a Defense Agency.
Secretary concerned
The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.