33 U.S.C. § 2317b

(1) In general Not later than 180 days after December 16, 2016 , 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. (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 section 2283 of this title ; or (B) shall be construed as to limit mitigation alternatives or require the use of mitigation banks or in-lieu fee programs.