I 
110TH CONGRESS 
2D SESSION 
H. R. 6006 
To amend title 10, United States Code, to authorize the Secretary of a 
military department, and the Secretary of Defense with respect to the 
Defense Agencies, to participate in conservation banking programs and 
in-lieu-fee mitigation programs. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 8, 2008 
Ms. BORDALLO (for herself, Mr. ABERCROMBIE, and Mr. HAYES) introduced 
the following bill; which was referred to the Committee on Armed Services 
A BILL 
To amend title 10, United States Code, to authorize the 
Secretary of a military department, and the Secretary 
of Defense with respect to the Defense Agencies, to 
participate in conservation banking programs and in- 
lieu-fee mitigation programs. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. AUTHORIZATION FOR DEPARTMENT OF DE-
FENSE PARTICIPATION IN CONSERVATION 
BANKING PROGRAMS. 
(a) PARTICIPATION AUTHORIZED.—Chapter 159 of 
title 10, United States Code, is amended by inserting after 
section 2694b the following new section: 
‘‘§ 2694c. Participation in conservation banking pro-
grams 
‘‘(a) AUTHORITY TO PARTICIPATE.—The Secretary 
of a military department, and the Secretary of Defense 
with respect to a Defense Agency, when engaged or pro-
posing to engage in an activity described in subsection (b) 
that may or will result in an adverse impact to one or 
more species protected (or pending protection) under any 
applicable provision of law, or habitat for such species, 
may make payments to a conservation banking program 
or ‘in-lieu-fee’ mitigation sponsor approved in accordance 
with— 
‘‘(1) the Federal Guidance for the Establish-
ment, Use and Operation of Mitigation Banks (60 
Fed. Reg. 58605; November 28, 1995); 
‘‘(2) the Guidance for the Establishment, Use, 
and Operation of Conservation Banks (68 Fed. Reg. 
24753; May 2, 2003); or 
‘‘(3) any successor or related administrative 
guidance or regulation. 
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‘‘(b) COVERED ACTIVITIES.—Payments to a con-
servation banking program or ‘in-lieu-fee’ mitigation spon-
sor under subsection (a) may be made only for the purpose 
of facilitating one of the following activities: 
‘‘(1) Military testing, operations, training, or 
other military readiness activity (as defined in sec-
tion 315(f) of Public Law 107–314; 16 U.S.C. 703 
note). 
‘‘(2) Military construction. 
‘‘(c) TREATMENT AND AVAILABILITY OF AMOUNTS 
FOR CONSERVATION BANKING.—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. Amounts appropriated 
to carry out the military construction project and intended 
to be used for such payments shall remain available for 
obligation without fiscal year limitation.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 2694b the following new 
item: 
‘‘2694c. Participation in conservation banking programs.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on October 1, 2008. 
Æ 
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