((1)) ** In general** Not later than 180 days after , the Secretary shall issue implementation guidance that provides for the consideration in water resources development feasibility studies of the entire amount of potential in-kind credits available at mitigation banks approved by the Secretary and in-lieu fee programs with an approved service area that includes the location of the projected impacts of the water resources development project.December 16, 20162016-12-16
((2)) ** Requirements** All potential mitigation bank and in-lieu fee credits that meet the criteria under paragraph (1) shall be considered a reasonable alternative for planning purposes if—
((A)) the applicable mitigation bank—
((i)) has an approved mitigation banking instrument; and
((ii)) has completed a functional analysis of the potential credits using the approved Corps of Engineers certified habitat assessment model specific to the region; and
((B)) the Secretary determines that the use of such banks or in-lieu fee programs provide reasonable assurance that the statutory (and regulatory) mitigation requirements for a water resources development project are met, including monitoring or demonstrating mitigation success.
((3)) ** Effect** Nothing in this subsection—
((A)) modifies or alters any requirement for a water resources development project to comply with applicable laws or regulations, including ; or
((B)) shall be construed as to limit mitigation alternatives or require the use of mitigation banks or in-lieu fee programs.