Thursday, February 23 , 2012

Newsroom

ARTICLES ON MITIGATION BANKING

Tax Legislation Introduced
Legislation to clarify that sale of wetland credits is treated as capital gains, rather than ordinary income, has been introduced in the House and the Senate. NMBA supports this legislation and urges its members and supporters to write to their Members of Congress and Senators to seek their support.
Click here to read a copy of S. 664.
Click here to read a copy of H.R. 2058.
For Members only, click here for more information on supporting the legislation.

Regulatory Reform and Streamlining. The Association filed comments to the Department of the Interior on how it can implement Executive Order 13563, "Improving Regulation and Regulatory Review", emphasizing that wetland, stream and conservation banks support the environment and streamline regulatory programs. Click here for a copy of the Association's March 28, 2011 comments to the Department of the Interior.

House Committee Listening Session. The Association participated in a February 22, 2011 "Listening Session" organized by the House Transportation and Infrastructure Committee Chair John Mica, to address improvements needed to delivery of infrastructure projects. The Fresno, California session was also co-chaired by Rep. Jeff Denham, and attended by a small group of various industry leaders. Former Association President Craig Denisoff emphasized the important role of wetland, stream and conservation banks in providing offsets to needed to advance road, rail, and other infrastructure projects. Click here to read the Remarks for Record from the Fresno, California Listening Session.

Conservation Banking Principles Released. The Association has adopted principles to improve and enhance conservation banking, which have been discussed with the U.S. Fish and Wildlife Service. Click here for a copy of the 2011 document, "Conservation Banking: Principles for Fostering Implementation."

A Message from David Urban, NMBA President
The Association has worked hard to assure that selection of mitigation respects the preference for mitigation banks, and that permit decisions clearly document review of mitigation choices. As of late October, 2010, the Corps has instructed its Districts to carefully document selection of mitigation, including an explanation of how the decision is in compliance with the preference for mitigation banks in the 2008 Mitigation Regulations.

Click here to read:
  • The memo
  • The template for IPs
  • The template for GPs

        The Association supports clarification of Clean Water Act jurisdiction. Click here to read a copy of the August 30, 2010 letter supporting H.R. 5088 which would amend the Clean Water Act. Members who you are interested in providing a letter of support will find a sample template in the Members Only section of the website.


  •     The Association has asked the Corps and the EPA for an update on the status of grandfathered in-lieu fee programs. Click here to see the Associations' June 10, 2010 letter.


        JoEllen Darcy, Assistant Secretary of Army, Civil Works, presentedthe keynote address at the 2010 Mitigation and Ecosytems Banking Conference May 4, 2010 in Austin, Texas. Ms. Darcy described how the Civil Works and the Regulatory Programs use mitigation banking, including emphasizing the preference for mitigation banking for Civil Works projects. She identified implementation issues for the Mitigation Rule and the ongoing efforts to address them. The speech provides important information about mitigation banking and the Obama Administration's policy towards mitigation banks. The text of Ms. Darcy's remarks is available at the Conference website, http://www.mitigationbankingconference.com/cdrom_10.htm


        The Rock Island District of the Corps has advised mitigation bankers of its policy to give a preference to mitigation banks over permittee mitigation. Click here to read the message and to read the Rock Island District's procurement instructions to mitigation bankers to sell credits to the Corps.


        EPA has released a Guidance Document describing how it will handle Clean Water Act permitting for surface mining. The Guidance is addressed mostly to Section 402 permits, but also addresses Section 404 permits. It includes information on mitigation for stream impacts from the "valley fills" associated with surface mining. The Guidance relies on a Benchmark Study of Conductivity to establish conductivity standards to protect against aquatic impacts. These documents are part of the work EPA that has in progress, under a Memorandum of Understanding with the Corps and other agencies, to address issues surrounding surface mining and water impacts. The issues and information may also be relevant to other stream impacts and stream mitigation.
        While the EPA Guidance will be open for comment until December 2010, the agency is seeking comments on its studies, including the Conductivity Study, within 60 days (likely June 14, 2010.) Members interested in these issues should contact the Board.
        To view the EPA Guidance, click here. To view the Conductivity Study, click here. Click here to read the Association response to General Walsh's March 3, 2010 letter.

    The Association has long encouraged the Corps of Engineers to provide access to data and information on wetland permitting and mitigation. While the agencies have been working on data management systems, NMBA remains concerned about the adequacy of the data that is available. The Association joined with 20 other groups on a letter to the Assistant Secretary of the Army urging that data management be improved as soon as possible. Click here for a copy of the March 31, 2010 letter.


    December 2009: The Next Generation of Mitigation: Linking Current and Future Mitigation Programs with State Wildlife Action Plans and Other State and Regional Plans


    Winter 2009: Volume 38 - Issue 2, Special Issue on Biodiversity Protection and Mitigation


    January 2009: Mitigation Path Forward for Hurricane and Storm Damage Risk Reduction System (HSDRRS) - Department of the Army

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