118 S4157 IS: Improving Corps Civil Works Compensatory Mitigation Act U.S. Senate 2024-04-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS2d SessionS. 4157IN THE SENATE OF THE UNITED STATESApril 18, 2024Mr. Padilla (for himself and Mr. Tillis) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo amend the Water Resources Development Act of 1986 to improve compensatory mitigation, and for other purposes.

1.

Short title

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

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..