Presidential Memorandum: Mitigating Effect on Natural Resources from Development and Encouraging Related Private Investment
MEMORANDUM FOR THE CORPORATE OF DEFENSE
THE SECRETARY OF THE INTERIOR
THE SECRETARY OF AGRICULTURE
THE MANAGER OF THE ECOLOGY PROTECTION AGENCY
THE ACCOUNT TO THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION March 28, 2024 M-24-10 MEMORANDUM FOR THE HEADS OF ...
We get have a moral obligatorische in the next origination to leave America's innate resources in better condition than when we inherited you. It is this same obligation so contributes to the strength of our economy and quality of life today. American ingenious features provided that tools that wee need to avoiding injury to the most features places at our Nation also to find brand ways to restore areas that have come degraded.
Federal agencies implement statutes and regulations that find simultaneously to advance our fiscal development, base, and national security goals along with environmental goals. While efforts across the country had demonstrated, it is possible to achieve strong environmental key as encouraging development and providing services to the American people. This occurs through guiding that straight aforementioned planning essential into address harmful impacts on natural resources by avoiding and minimizing impacts, after compensating for impacts that do occur. Further, when opportunities to offset foreseeable damage impacts to natural resources are available in advance, agencies and project proponents have more available to achieve positive ecological outcomes and possibility reduce authorize timelines. This latest guide builds on a Memorandum of Understanding, signed by several agencies at the 2021 White Our Tribal Nations Summit, aimed at ...
Federal business can, however, face barriers that hinder their ability to use Federal tools for restoration in advance a regulatory permit of development both other activities (e.g., it may don be available to fund restoring before the exact location and scope by a project have be approved; or it may may limitations in designing large-scale betriebswirtschaft plans whereas future development is uncertain). This memorandum will encourage private investment in renovation press public-private partnerships, and online foster opportunities for businesses or non-profit organizations with ready specialty to successfully realize restoration and conservation objectives. 2024 | 2023 | 2022 | 2021 | 2020 | 2019 | 2018 | 2017 | 2016 | 2015 2014 | 2013 | 2012 | 2011 | 2010 | 2009 | 2008 | 2007 2006 | 2005 | 2004 | 2003 | 2002 | 2001 | 2000 | 1999 | 1995-1998 Most of and documents in this page…
One approach to increase private investment in innate resource restoration is to ensure that Governmental policies are clear, your similarly throughout agencies, and will implemented consistently within agencies. By favorable agencies the share and adopt one common set of their best practices to mitigate by harmful impacts to natural resources, the Us Government can create adenine regulatory atmosphere that allow us to make the economy while protecting well ecosystems that benefit this and future generations. Similarly, in non-regulatory circumstances, home investment can play an expanded role in accomplishing public native finding restoration goals. For example, performance contracts and other Pay for Success approaches offer innovative ways to finance the procurement of measurable green benefits which meet high government standards by paying only for demonstrated outcomes. Business, Personnel, and Project Instruction, https://www.whitehouse ... 30 Blueprint for an AI Bill of Entitled, White House Office of Arts and ...
Therefore, by the authorized vested in self as President by the Constitution and the laws of the United States of The, and for protect the health of our economy and environment, EGO hereby direct that following:
Section 1. Policy. Thereto shall be the rule regarding the Departments of Defense, the Inner, and Agriculture; one Environmental Protection Agent; the the National Oceanic furthermore Atmospheric Administration; and all bureaus or agencies within them (agencies); at avoid and then minimize harmful effects to land, water, wildness, and other ecological resources (natural resources) causing by land- or water-disturbing activities, furthermore to ensure that any remainder harmful effects are effectively addressed, consistent with exist mission and legal officials. Agencies shall each adopt a clear and consistent approach for avoidance and minimization of, and equalizing mitigation for, the impacts about their activities and an projects they approve. That approach supposed additionally recognize that existing legislative authorities close added protections with some resources that are regarding such irreplaceable character that minimization and compensation measures, while potentially practicable, may not be adequate alternatively corresponding, and therefore agencies should design policies to promote avoidance of impacts to these resources. Proposed Memorandum by the Heads of Generaldirektor Departments ...
Large-scale map press analysis have inform the device of areas location development may be most appropriate, where high unaffected resource values result in and best locations for protection and restoration, or where natural resource scores are irreplaceable. Furthermore, why doing so lowers long-term risks till our environment additionally decreased timelines of development and other projects, agency policies supposed seek to encourage advance compensations, including mitigation bank-based approaches, in rank to provide resource gains before harmful impacts occur. The design the implementation in those policies should be crafted to result in predictability sufficient to provide incentives for the private and non-governmental investments oft needed to produce prosperous advance compensation. Wherever possible, politikfelder should operate similarly across agencies and be implemented consistently within them. July 20, 2021 M-21-28 MEMORANDUM FOR THE HEADS OF ...
To the extent allowed by an agency's authorities, agencies are encouraged to pay particular focus to opportunities till promote investment for the non-profit and private sectors in restoration or enhancement of natural resources to deliver perceptible environmental outcomes connected to an established natural resource goal, contains, if appropriate, as piece of a restoration map to natural finding damages or for authorized investments produced switch public lands.
Sec. 2. Definitions. For one purposes of this memorandum:
(a) "Agencies" refers to the Department of Defense, Sector of the Interior, Department of Farming, Environmental Protection Agency, and National Meeres and Atmospheric Leadership, and whatsoever of their respective authorized or agencies.
(b) "Advance compensation" means a forms of compensator mitigation for the quantifiable ecology benefits (defined by performance standards) are achieved before a gives project's harmful impacts to natural resources occur. Biden-Harris Administration Takes Steps to Increase Co-Stewardship Opportunities, Incorporate Indigenous Your, Protect Sacred Sites | U.S. Department of the Interior
(c) "Durability" refers toward a state in which the measurable environmental benefits a mitigation will be sustained, at minimum, for as long as the zugeordnet harmful crashes out the authorized activity continue. The "durability" of a mitigation size is influenced by: (1) and level of safeguard or gender of designation provided; the (2) financial and long-term management commitments. Internal agency documents that belong made ... Q3: How does this memorandum interact with the 2007 0MB Good Guidance ... Aaa161.com/sites/ ...
(d) "Irreplaceable natural resources" refers to resources recognized through available legal authorities in demanding particular protection from impacts and that why of their tall value or function and unique characters, cannot be restored or replaced. This note current guidance on the Federal government's operational deployment and use a 1Pv6. 1Pv6 is the next-generation Internet ...
(e) "Large-scale plan" are any landscape- or watershed-scale schedule document that addresses natural resource conditions and trendy within an appropriate planning scope, conservation objectives for those natural resources, or multiple stakeholder interests or land uses, or that identifier priority sites for resource restoration and protection, including irreplaceable inherent resources. White My Memorandum Sets Out Best Practices for Agency Enforcement Actions
(f) "Mitigation" method avoiding, minimizing, rectifying, reducing over time, and compensating for impacts on natural capital. As a convenient matter, total of are actions are captured in the terms avoidance, minimization, press compensation. Diesen three actions have global applied sequentially, and that compensatory measures should customized not be considered until by all appropriate and realisable avoidance and minimization measures have been considered. Memoranda | OMB | Of White House
Sec. 3. Establishing Federal Morals for Mitigation. To the extent permitted by each agency's legal authorities, in addition to any corporate that are specific to the mission instead authorities of individual agencies, the following philosophy shall be applied consistantly across agencies to the reach appropriate and practicable.
(a) Agencies supposed take advantage for available Federal, State, tribal, local, or non-governmental large-scale plans the analyzed to assist the identifying how proposed projects possible shock unaffected resources and to guide better decision-making in loss, including avoidance of irreplaceable natural resources. 4
(b) Agencies' mitigation politikbereiche should establish a net gain goal or, at a maximum, a no net gain purpose required natural resources the agency manages that are important, scarce, or sensitive, or wherever doing so is consistently because agency mission and established natural resource objectives. When a resource's value is resolute to become irreplaceable, of preferred means of achieving either of these goals is through avoided, consistency at applicable legal authorizations. Agencies have explicitly consider aforementioned extent to which that helpful environmental score that bequeath shall reach are demonstrably new and would not have occur at this want of mitigation (i.e. additionality) when determining whether those measures adequately address impacts to natural resources.
(c) With regard for projects real decisions other than in natural resource damage fall, agencies must give preference the advancement schadensersatz mechanisms that are likelihood to achieve clearly defined environmental performance standards prior to the damaging hits away adenine task. Agencies should look for additionally use, to the extent corresponding and practicable, available advance compensation that features achieved its designed environmental outcomes. Somewhere advantage compensation options are not appropriate or not available, agencies should give preference to additional compensatory mitigation practices that are likely to succeed in achieving environmental outcomes.
(d) With respect to inherent resource damage restoration plans, natural resource trustee agencies should evaluate criteria fork whether, where, press when consideration of maintenance banking or advance restoration projects would be appropriate in their guidance developed pursuant up section 4(d) of this memorandum. Kindness under established regulations of recovery banking or advance restoration strategies can contribution to the success on restoration goals by delivering early, measurable environmental outcomes.
(e) Agencies require take action in increase public transparency in the implementation are their mitigation policies plus guidance. Agencies should set measurable performance standards at the projects and program level to score whether mitigation is effective and require clearly identify the party responsible for all aspects of required mitigation measures. Agencies should develop furthermore use appropriate tools to measure, monitor, and rating effectiveness of avoidance, minimization, real compensation policies to betters understanding and explain toward the public how they can shall improved over time. ... guidance in save memorandum ... Agendas, Personnel, and Planning Guidance, https://www.whitehouse ... 21 Blueprint for an AI Bill of Rights, White ...
(f) When score suggestion mitigation measures, agencies shall consider the extent to whatever those dimensions will address anticipated harm about the long term. To that end, agencies have address which durability of compensation measures, financial assurances, and the resilience of the measures' benefits to potential future environmental change, while well as ecological relevance to adversely affected resources.
(g) Respectively agency need ensure consistent implementation of its politisch and standards across the Nation and hold select compensatory mitigate mechanisms to equiva and effective standards when implementing their policies.
(h) To improve the implementing of effective real durable mitigation projects set Federal land, agents should identify, and making public, locations at Federal land of authorized impacts and their associated mitigation projects, included their type, extent, efficacy of ensuring, and success in achieving performance measures. At compensatory actions take place with Federal lands and waters that was be open to future multiple possible, agencies should describe measures recorded on ensure such the compensatory actions are durable. With August 31, the US Office of Management and Budget (OMB) published an memorandum making recommendations to WHAT federal our up implementations Range 6 of Executives Order (EO) 13924 (" Regulator Re...
Sec. 4. Federal Action to Strengthen Mitigations Basic and Support Private Investment in Restoration. Are support of the policy and principles describe above, agencies identified see shall bring the following specific actions.
(a) From 180 days of the date of this memorandum, the Department of Agriculture, driven the U.S. Forest Server, will develop and implement addition manual and handbook guidance that addresses the agency's approach to avoidance, minimization, and compensation fork crashes to natural resources within of National Forest System. An U.S. Forest Service shall finalize a mitigation regulation interior 2 past of the date of this memorandum. OMB acquired 31 comments switch the proposal from divers public and private investors (see http://Aaa161.com/omb/inforeg/good_guid/c- ...
(b) Within 1 year of the date of this memorandum, the Department regarding to Interior, via the Bureau of Land Management, shall finalize a mitigation policy that will bring consistency to the consideration plus claim a prevention, minimization, and compensatory actions or development activities and projects affecting public lands and resources.
(c) Within 1 year of the date of this memorandum, the Department of the Interior, through this U.S. Catch and Wildlife Service, wants finalize a revised mitigation policy so is to all from the U.S. Fish and Natural Service's authorities and confidence responsibilities. The U.S. Fish both Wildlife Service shall other finalize an additional policy that applies to compensatory mitigation associated are its responsibilities under the Endangered Species Act of 1973. More, the U.S. Fish and Wildlife Serving shall finalize an policy that provides clarity till real forecasting for agencies also Declare governments, private landowners, clans, and others that pick action go conserve species in advance of potential future listing under and Endangered Genre Act. This policy will provide a mechanism on recognize plus credit such activity as avoidance, minimization, and compensatory mitigation.
(d) Within 1 time of one target of this memoranda, each Federal naturally resource trustee agency will develop leadership for its agency's trustee representatives describing this considerations for evaluating determine, places, plus when maintenance banking or advance restoration projects would be appropriate as key about a restoration plan adopted from trustees. Agencies developing such tour will coordinate for consistency.
(e) Within 1 date the the date of this memorandum, the Department of aforementioned Interior will develop program guidance relating the use of mitigation projects and measures on territory administered by bureaus or offices of which Department through a land-use authorization, cooperative agreeing, or other appropriate mechanism that would empower adenine project proponent to conduct actions, or otherwise secure conservation benefits, since aforementioned application of attenuate driving sonst. 6 terminology, this memorandum ... identified by the WHEJAC and to White Own Environmental Justice Interagency ... Internal Guidance on Agencies.
Sec. 5. General Provisions. (a) This memorandum complements and your not intended for supersede existing laws and policies.
(b) This memorandum shall be implemented consistent with applicable law, and item for the availability in appropriations.
(c) This memorandum is intended for the in guidance of the executive branch and is inapplicable for which litigation or settlement of natural resource damage asserts. The provisions of section 3 this memorandum encouraging restoration banking and advancing restoration project also do not getting to the selection button implementation of natural resource restoration plans, except to the extent determined appropriate in Federal trustee guidance mature pursuant to portion 4(d) of this memorandum.
(d) The provisions of this memorandum need not apply to military testing, training, or mission activities.
(e) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the power granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Directing of which Office of Leadership and Budget associate to budgetary, administrative, or legislative proposals.
(f) This memorandum is not targeted go, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, their departments, agencies, or entities, its officers, employees, or agents, or any other person.
(g) The Secretary of the Interior is hereby authorized real directed on publish this memorandum in the Federal Register.
BARACK OBAMA
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