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In
this issue:
Congress Attempting to Restore Clean
Water Act Jurisdiction Over All Waters
WRDA Provides "First Consideration" for
Mitigation Banks
President Bush Announces Habitat Recovery
Trading Program
Mitigation Banking Rules Subject of "Notice
of Intent to Sue"
EBX
in the News and EBX Accomplishments
Congress
Attempting to Restore Clean Water Act Jurisdiction Over All
Waters
Congress
recently introduced the Clean Water Restoration Act of 2007
designed to clear the "muddy water" created by the Supreme
Court decisions regarding Clean Water Act jurisdiction.
Both the House and Senate bills aim to replace the term
"navigable waters of the United
States" with "waters of the
United
States." As stated by
sponsors of the bills, both will restore "Clean Water Act
authority to what existed prior to the Supreme Court's
decisions - it does not expand the authority."
The
specific language states that "waters of the United States
means all waters subject to the ebb and flow of the tide, the
territorial seas, and all interstate and intrastate waters and
their tributaries, including lakes, rivers, streams (including
intermittent streams), mudflats, sandflats, wetlands, sloughs,
prairie potholes, wet meadows, playa lakes, natural ponds, and
all impoundments of the foregoing, to the fullest extent that
these waters, or activities affecting them, are subject to the
legislative power of Congress under the Constitution."
The
Senate will hold a hearing on the Act on Thursday, December
13, 2007. The House hearing will be rescheduled as it
was cancelled due to health consideration for sponsor
Oberstar.
WRDA
Provides "First Consideration" for Mitigation
Banks
Due
to new provisions in the Water Resources Development Act
(WRDA), mitigation banking is now recognized by law (Public
Law No: 110-114) as the preferred type of mitigation for
federally funded transportation and water resources
projects. In early November, the Senate and House
voted to override the President's veto of WRDA.
Going
forward, when federal money is spent for US Army Corps of
Engineers water resources projects requiring mitigation,
approved mitigation banks will get a "first-look".
This provision will ensure that high quality mitigation
is undertaken for civil works projects implemented by the US
Army Corps of Engineers. If you are aware of large scale Corps
projects requiring mitigation, EBX is interested in partnering
opportunities to provide low cost solutions for future
needs.
President
Bush Announces Habitat Recovery Trading
Program
President
Bush presented a recovery credit trading initiative in early
November. The program provides incentives for landowners
to improve habitat for migratory birds and other
species. Public comments were due on December 3, and the
US Fish and Wildlife Service (USFWS) is now considering those
comments. The program will allow landowners to earn tradable
recovery credits for the habitat they improve. The idea is
based on the USFWS Texas pilot "recovery and credit trading
program" for vireos and warblers. It is also limited to
federal agencies and the obligations imposed on them.
The
guidance allows federal agencies to mitigate their habitat
impacts through the purchase of credits from private
landowners. While this policy is significant with
respect to authorizing federal agencies to undertake such
mitigation measures, questions remain about how this program
will be compatible with existing conservation banking
guidance.
This
initiative is of specific interest because it demonstrates
continued support for mitigation solutions designed around
ecological trade-offs, preferably in the form of landscape
scale projects.
Mitigation
Banking Rules Subject of "Notice of Intent to
Sue"
The
National Mitigation Banking Association (NMBA) sent its notice
of intent to commence action against US Army Corps of
Engineers and US Environmental Protection Agency for failure
to produce regulations governing mitigation. As
established by Congress, the final regulations regarding
mitigation for wetland impact were due by November 24,
2005. The Corps and EPA were directed to issue
regulations establishing performance standards and criteria
for mitigation. The objective was to ensure equal
standards for all types of mitigation.
If
the violation is not corrected by promulgation of final
regulations by the end of December, the NMBA may commence a
civil action. EBX's George
Kelly currently serves as Treasurer of NMBA.
Business
of EBX - EBX in the News
South
Carolina
- EBX has been awarded a turnkey mitigation contract
by Georgetown
County
to offset the impacts associated with expansion
at the Georgetown
Airport
North
Carolina
- EBX was awarded a contract for $3.1 million
as part of EEP IX
West
Virginia
- EBX has been selected to develop an 800 acre
endangered species
habitat bank in Randolph County, West
Virginia. Read more »
EBX
has entered into a strategic alliance with MMASLI
(Muni Mae Sustainable Land Investments) to assemble
eco-asset investment opportunities in the Southeast
and implement such projects through the monitoring
period
EBX
Accomplishments
Streams
Restored: 40 Miles*
Wetland
Restored: 6,600 Acres*
Acres
Permanently Preserved: 7,300 Acres
*includes
acreage under contract and/or construction
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