(1) In general The Secretary may provide technical assistance to States and local governments to establish third-party mitigation instruments, including mitigation banks and in-lieu fee programs, that will help to target mitigation payments to high-priority ecosystem restoration actions. (2) Requirements In providing technical assistance under this section, the Secretary shall give priority to States and local governments that have developed State, regional, or watershed-based plans identifying priority restoration actions. (3) Mitigation instruments The Secretary shall seek to ensure any technical assistance provided under this section will support the establishment of mitigation instruments that will result in restoration of high-priority areas identified in the plans under paragraph (2). ( Pub. L. 113–121, title I, § 1040(c) , June 10, 2014 , 128 Stat. 1243 .) Editorial Notes Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Statutory Notes and Related Subsidiaries “Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121 , set out as a note under section 2201 of this title .