Sec. 125. Funding to review mitigation banking proposals from non-Federal public entities
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Section 214 of the Water Resources Development Act of 2000 ( 33 U.S.C. 2352 ) is amended— in the section heading, by inserting after and review proposals ; permits by redesignating subsection
(e)as subsection
(f)and inserting after subsection
(d)the following: In this subsection, the terms mitigation bank and mitigation bank instrument have the meanings given those terms in section 230.91 of title 40, Code of Federal Regulations (or any successor regulation). The Secretary, after public notice, may accept and expend funds contributed by a non-Federal public entity to expedite the review of a proposal for a mitigation bank for which the non-Federal public entity is the sponsor, without regard to whether the entity plans to sell a portion of the credits generated by a mitigation bank instrument of the entity to other public or private entities, if the entity enters into an agreement with the Secretary that requires the entity to use for a public purpose any funds obtained from the sale of such credits. To the maximum extent practicable, the Secretary shall ensure that expediting the review of a proposal for a mitigation bank through the use of funds accepted and expended under this subsection does not adversely affect the timeline for review (in the Corps of Engineers district in which the mitigation bank is to be located) of such proposals of other entities that have not contributed funds under this subsection. In carrying out this subsection, the Secretary shall ensure that the use of funds accepted under paragraph
(1)will not impact impartial decisionmaking with respect to proposals for mitigation banks, either substantively or procedurally. The Secretary shall ensure that all final decisions regarding proposals for mitigation banks carried out using funds authorized under this subsection are made available to the public in a common format, including on the internet, and in a manner that distinguishes final decisions under this subsection from other final actions of the Secretary. The Secretary shall— use a standard decision document for reviewing all proposals using funds accepted under this subsection; and make the standard decision document, along with all final decisions regarding proposals for mitigation banks, available to the public, including on the internet. ; and in paragraph
(1)of subsection (f), as so redesignated— in subparagraph (B), by striking ; and and inserting a semicolon; and by redesignating subparagraph
(C)as subparagraph
(D)and inserting after subparagraph
(B)the following: a comprehensive list of the proposals for mitigation banks reviewed and approved using funds accepted under subsection
(e)during the previous fiscal year, including a description of any effects of such subsection on the timelines for review of proposals of other entities that have not contributed funds under such subsection; and .
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Sec. 125
Funding to review mitigation banking proposals from non-Federal public entities
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