Sec. 6. Authorization or contaminated land remediation in compensatory mitigation programs
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The Secretary shall allow a person who has been issued a permit for the discharge of dredged or fill material under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ) to enter into an agreement with an Indian Tribe to remediate ANCSA land or Indian land for the purpose of compensatory mitigation for a permitted activity. Not later than 180 days after the date of enactment of this Act, the Secretary and Administrator shall jointly promulgate regulations and issue guidance, as necessary, to establish performance standards and criteria for determining credits generated through the remediation of contamination under this section on ANCSA land or Indian land that— maximize opportunities for mitigation; provide flexibility for regional variations in conditions, functions, and values; apply equivalent standards and criteria to each type of compensatory mitigation; include procedures for consulting with eligible entities; and provide that decontamination undertaken to generate credits must be done in compliance with applicable Federal and State standards and applicable Federal or State cleanup programs authorized under section 104 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604 ).
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Sec. 6
Authorization or contaminated land remediation in compensatory mitigation programs
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