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Proposed RuleSignificant06-29692006-03-28

Compensatory Mitigation for Losses of Aquatic Resources

Defense Department, Engineers Corps, Environmental Protection Agency

Abstract

The U.S. Army Corps of Engineers (the Corps) and the Environmental Protection Agency (EPA) are proposing to revise regulations governing compensatory mitigation for activities authorized by permits issued by the Department of the Army. The proposed regulations are intended to establish performance standards and criteria for the use of permittee-responsible compensatory mitigation and mitigation banks, and to improve the quality and success of compensatory mitigation projects for activities authorized by Department of the Army permits. The proposed regulations are also intended to account for regional variations in aquatic resource types, functions, and values, and apply equivalent standards to each type of compensatory mitigation to the maximum extent practicable. The proposed rule includes a watershed approach to improve the quality and success of compensatory mitigation projects in replacing losses of aquatic resource functions, services, and values resulting from activities authorized by Department of the Army permits. We are proposing to require in-lieu fee programs, after a five-year transition period, to meet the same standards as mitigation banks.

Action & Dates

Action
Proposed rule.
Dates
Submit comments on or before May 30, 2006.

CFR References

Topics

Administrative practice and procedureEnvironmental protectionIntergovernmental relationsNavigation (water)Water pollution controlWater resourcesWatershedsWaterways

Public Comment

Comments Close
2006-05-30

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Defense Department of the Army, Corps of Engineers 33 CFR Parts 325 and 332 Environmental Protection Agency 40 CFR Part 230 [EPA-HQ-OW-2006-0020] RIN 0710-AA55 AGENCIES: U.S. Army Corps of Engineers, DoD; and Environmental Protection Agency. ACTION: Proposed rule. SUMMARY: The U.S. Army Corps of Engineers (the Corps) and the Environmental Protection Agency (EPA) are proposing to revise regulations governing compensatory mitigation for activities authorized by permits issued by the Department of the Army. The proposed regulations are intended to establish performance standards and criteria for the use of permittee-responsible compensatory mitigation and mitigation banks, and to improve the quality and success of compensatory mitigation projects for activities authorized by Department of the Army permits. The proposed regulations are also intended to account for regional variations in aquatic resource types, functions, and values, and apply equivalent standards to each type of compensatory mitigation to the maximum extent practicable. The proposed rule includes a watershed approach to improve the quality and success of compensatory mitigation projects in replacing losses of aquatic resource functions, services, and values resulting from activities authorized by Department of the Army permits. We are proposing to require in-lieu fee programs, after a five-year transition period, to meet the same standards as mitigation banks. DATES: Submit comments on or before May

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Full Document

Citation: 71 FR 15520