Sec. 1023. Wetlands mitigation
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Section 2036(c) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2317b ) is amended by adding at the end the following: Not later than 180 days after the date of enactment of this paragraph, 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 and in-lieu fee programs with an approved service area that includes the projected impacts of the water resource development project. All potential mitigation bank and in-lieu fee credits that meet the criteria under subparagraph
(A)shall be considered a reasonable alternative for planning purposes if the applicable mitigation bank— 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. Nothing in this paragraph modifies or alters any requirement for a water resources project to comply with applicable laws or regulations, including section 906 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2283 ). .
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