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Suggested Citation:"CONTENTS." National Academies of Sciences, Engineering, and Medicine. 2017. Legal Requirements for State Departments of Transportation Agency Participation in Conservation Plans. Washington, DC: The National Academies Press. doi: 10.17226/24901.
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CONTENTS I. Introduction, 3 II. Advance Mitigation for Wetland and Habitat Impacts—Legal Framework, 4 A. Compensatory Wetland Mitigation Banking and ILF Compensatory Mitigation, 4 B. Habitat Conservation Plans and Mitigation Activities under the Endangered Species Act, 9 III. Operational Issues for Conservation Planning/Banking, 22 A. Conservation Planning at Landscape Scale, 22 IV. Experience of State Transportation Agencies in Conservation Planning/Banking, 26 A. Federal Legislation Addressing Mitigation by State Transportation Agencies, 26 B. Wetland Mitigation Banks and Umbrella Banks Established by State Transportation Agencies, 30 C. ILFs Established by State Transportation Agencies, 30 D. HCPs/Conservation Banks Established by State Transportation Agencies, 30 E. State Laws Authorizing Transportation Agency Involvement in Conservation Planning, 31 IV. Conclusions, 31 Bibliography, 32 Acronyms, 34

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TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 75: Legal Requirements for State Departments of Transportation Agency Participation in Conservation Plans describes Habitat Conservation Plans (HCPs) and their relation to wetland mitigation banking, regional planning, and the National Environmental Policy Act (NEPA).

Purchase and sale of wetland banks, habitat, and stream credits may be characterized as real property or personal property transactions. This digest covers mechanisms used in California, Wisconsin, and other states to set up, monitor, and maintain HCPs on private or public property through endowment funds and the use of conservation easements. It also includes recent updates to related federal regulations and policies.

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