[Congressional Record Volume 162, Number 61 (Wednesday, April 20, 2016)]
[Senate]
[Page S2341]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3830. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2028, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2016, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROTECTION OF FISH AND WILDLIFE.

       (a) In General.--None of the funds made available by this 
     Act shall be available for activities relating to section 
     906(d) of the Water Resources Development Act of 1986 (33 
     U.S.C. 2283(d)) if the Secretary of the Army does not ensure 
     evaluation of and mitigation for impacts to fish and wildlife 
     resources consistent with recommendations developed by the 
     Director of the United States Fish and Wildlife Service, the 
     Secretary of the Interior, and the States pursuant to section 
     2 of the Fish and Wildlife Coordination Act (16 U.S.C. 662), 
     including recommendations to properly evaluate impacts and 
     avoid adverse impacts to fish and wildlife resources.
       (b) Requirements.--
       (1) In general.--In carrying out subsection (a), the 
     Secretary of the Army shall not select a recommended 
     alternative for a water resources project if the Director of 
     the United States Fish and Wildlife Service concludes that 
     the impacts of that alternative cannot be successfully 
     mitigated.
       (2) Mitigation.--The mitigation requirements under this 
     section shall be in addition to any other mitigation measures 
     required under section 906 of the Water Resources Development 
     Act of 1986 (33 U.S.C. 2283) and any other applicable Federal 
     or State law (including regulations).
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