12 2 STA T .4 4 08PUBLIC LA W 110 – 41 7—O CT. 14 , 2008 (17)ForEnvi ron me n talR e s toration , Formerl yU se dD e f ense S ites, $25 7,7 96 , 0 00 . (1 8 ) For O verseas Hu manitarian, Disaster, and C ivi cA id p ro g rams, $8 3 ,273,000. (19) For Cooperative Th reat Reduction programs, $ 4 34,135,000. (20) For the Overseas Contingency Operations Transfer Fund, $9,101,000. Subti t leB—Env i ro n m ent a l P rovi s ions SEC.31 1. AUTHORIZ ATIO NF OR D E P ART M ENT OF DEFENSE PARTICIPA - TION IN CONSER V ATION B AN K IN G PROGRAMS. (a) PARTIC I P ATI ON A U T H ORI ZED . — Chapter 159 of title 10, United States Code, is amended b y inserting after section 2694b the follo w ing new section
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‘ §2694c.Parti ci p ati on in con se r v ation b an k in g progra m s ‘ ‘(a) AUTHORIT Y TO PARTICIPATE.—Sub j ect to the availability of appropriated funds to carry out this section, the Secretary con - cerned, 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 ma k e payments to a conservation banking program or ‘in- lieu-fee ’ mitigation sponsor approved in accordance with— ‘‘(1) the Federal G uidance for the Establishment, Use and Operation of M itigation B anks (60 Fed. Reg. 58605
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ovember 28, 1995); ‘‘(2) the Guidance for the Establishment, Use, and Oper- ation of Conservation Banks (68 Fed. Reg. 24753; May 2, 2003); ‘‘(3) the Federal Guidance on the Use of I n- L ieu-Fee Arrangements for Compensatory Mitigation Under Section 404 of the Clean W ater 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) CO V ERED ACTIVITIE S .—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) TREAT M ENT O F AMOUNTS FOR CONSERVATION BAN K IN G .— Payments made under subsection (a) to a conservation banking program or ‘in-lieu-fee’ mitigation sponsor for the purpose of facili- tating military construction may be treated as eligible costs of the military construction project. ‘‘(d) 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.’’.
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