33 U.S.C. § 2317b: Mitigation banks and in-lieu fee arrangements

Not later than 180 days after December 16, 2016 , the Secretary shall issue implementation guidance that provides for the consideration in water resources development feasibility studies of the entire amount of potential in-kind credits available at mitigation banks approved by the Secretary and in-lieu fee programs with an approved service area that includes the location of the projected impacts of the water resources development project. has an approved mitigation banking instrument; and has completed a functional analysis of the potential credits using the approved Corps of Engineers certified habitat assessment model specific to the region; and the Secretary determines that the use of such banks or in-lieu fee programs provide reasonable assurance that the statutory (and regulatory) mitigation requirements for a water resources development project are met, including monitoring or demonstrating mitigation success. modifies or alters any requirement for a water resources development project to comply with applicable laws or regulations, including section 2283 of this title ; or shall be construed as to limit mitigation alternatives or require the use of mitigation banks or in-lieu fee programs.