Mitigating Impacts on Natural Resources From Development and Encouraging Related Private Investment

This 2015 presidential memorandum directs five federal agencies to adopt consistent policies for mitigating environmental impacts from development, with emphasis on avoiding and minimizing harm before compensating for it. It establishes principles for advance compensation, mitigation banking, and private investment in restoration, and sets specific deadlines for agencies to develop new guidance and regulations.

Federal Register Open PDF 80 FR 68743

Impact dates

Nov 2, 2017
U.S. Forest Service finalizes mitigation regulation
Nov 2, 2016
BLM finalizes mitigation policy
Nov 2, 2016
U.S. Fish and Wildlife Service finalizes revised mitigation policy
Nov 2, 2016
U.S. Fish and Wildlife Service finalizes Endangered Species Act compensatory mitigation policy
Nov 2, 2016
U.S. Fish and Wildlife Service finalizes advance conservation policy for species not yet listed
Nov 2, 2016
Federal natural resource trustee agencies develop guidance on restoration banking
Nov 2, 2016
Department of Interior develops program guidance on mitigation projects
May 1, 2016
U.S. Forest Service develops and implements manual/handbook guidance

Key directives

Adopt clear consistent approach for avoidance, minimization, and compensatory mitigation
Encourage advance compensation and mitigation bank-based approaches
Apply net benefit or no net loss goals for important natural resources
Give preference to advance compensation mechanisms
Increase public transparency in mitigation implementation
Ensure durability of compensation measures
Develop specific agency guidance and regulations per Section 4 deadlines

Who is ordered

Timeline

Immediate

Policy announcement for avoidance-minimization-compensation sequencing
Principles for mitigation established across agencies

Near term (90d)

U.S. Forest Service to develop manual/handbook guidance within 180 days

Long term

U.S. Forest Service mitigation regulation due within 2 years
BLM mitigation policy due within 1 year
U.S. Fish and Wildlife Service revised mitigation policies due within 1 year
Natural resource trustee guidance on restoration banking due within 1 year
DOI program guidance on mitigation projects due within 1 year

Risks & tensions

Military activities explicitly exempted (Sec. 5d), creating implementation gap for major land user
Subject to appropriations availability may limit execution
Non-enforceable by private parties per Sec. 5f
Coordination challenge across five agencies with different statutory authorities
Advance compensation requires predictability that may conflict with project-specific permitting timelines