[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4157 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4157

    To amend the Water Resources Development Act of 1986 to improve 
            compensatory mitigation, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 18, 2024

Mr. Padilla (for himself and Mr. Tillis) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
    To amend the Water Resources Development Act of 1986 to improve 
            compensatory mitigation, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improving Corps Civil Works 
Compensatory Mitigation Act''.

SEC. 2. FISH AND WILDLIFE MITIGATION.

    Section 906 of the Water Resources Development Act of 1986 (33 
U.S.C. 2283) is amended--
            (1) in subsection (d)(3)(B)(iv)--
                    (A) in subclause (I), by inserting ``or contract 
                (as defined in subsection (i)(1))'' after 
                ``instrument''; and
                    (B) in subclause (II), by inserting ``or contract 
                (as so defined)'' after ``instrument'';
            (2) in subsection (i)--
                    (A) by redesignating paragraphs (1) through (4) as 
                paragraphs (2) through (5), respectively;
                    (B) by inserting before paragraph (2) (as so 
                redesignated) the following:
            ``(1) Definition of contract.--In this subsection, the term 
        `contract' means an agreement between the Secretary and a 
        mitigation provider that--
                    ``(A) uses accepted Corps of Engineers District-
                level mitigation practices described in part 332 of 
                title 33, Code of Federal Regulations (or successor 
                regulations); and
                    ``(B) prioritizes implementation of an existing 
                restoration plan developed by a State, local, or 
                regional entity that covers the area or resources 
                affected by the civil works project that is the subject 
                of the third-party arrangement.'';
                    (C) in subparagraph (A) of paragraph (2) (as so 
                redesignated)--
                            (i) in clause (i), by striking ``and'' at 
                        the end; and
                            (ii) by adding at the end the following:
                            ``(iii) the purchase of credits under part 
                        332 of title 33, Code of Federal Regulations 
                        (or successor regulations) in accordance with 
                        section 332.4(c)(6) of that title (or a 
                        successor regulation) through a contract to 
                        satisfy the mitigation plan required under 
                        subsection (d); and'';
                    (D) in paragraph (3) (as so redesignated), by 
                striking ``paragraph (1)'' and inserting ``paragraph 
                (2)''; and
                    (E) in paragraph (4) (as so redesignated), in the 
                matter preceding subparagraph (A)--
                            (i) by inserting ``the Secretary shall 
                        ensure that'' before ``contributions''; and
                            (ii) by striking ``may''; and
            (3) by adding at the end the following:
    ``(l) Compliance.--In carrying out this section, the Secretary 
shall ensure compliance with this section and with the final rule of 
the Corps of Engineers and the Environmental Protection Agency entitled 
`Compensatory Mitigation for Losses of Aquatic Resources' (73 Fed. Reg. 
19594 (April 10, 2008)) or any subsequent rule.''.
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