10 U.S.C. § 2694c: Participation in conservation banking programs

the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605; November 28, 1995 ); the Guidance for the Establishment, Use, and Operation of Conservation Banks (68 Fed. Reg. 24753; May 2, 2003 ); 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 any successor or related administrative guidance or regulation. Military testing, operations, training, or other military activity. Military construction. 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. Operation and maintenance. Military construction. Research, development, test, and evaluation. 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). the Secretary of a military department; and the Secretary of Defense with respect to a Defense Agency.