Attached are answers to some questions that were asked about the use of private wetland mitigation banks to mitigate highway project impacts. Although they were originally posed by the Pennsylvania Division, they are generally applicable to mitigation of wetland impacts on Federal-aid highway projects. The responses represent current FHWA and Federal policy and authority relative to NEPA, ISTEA, and Section 404. Some aspects were addressed previously in the attached memorandum, Funding for Establishment of Wetland Mitigation Banks, dated October 24, 1994.
This guidance complies with the proposed Interagency Federal Guidelines for the Use of Wetland Mitigation Banks, published for comment by the Corps of Engineers and the Environmental Protection Agency in the Federal Register dated March 6.
I hope that these answers are helpful. If you have additional questions concerning Federal-aid participation in the funding of wetland banks, including private banks, please contact Dr. Paul Garrett, (202) 366-2067, or Mr. Fred Bank, (202) 366-5004, of my staff.
Thomas J. Ptak