[Congressional Record Volume 162, Number 63 (Monday, April 25, 2016)]
[Senate]
[Page S2421]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3871. Mr. CARDIN submitted an amendment intended to be proposed to 
amendment SA 3801 proposed by Mr. Alexander (for himself and Mrs. 
Feinstein) 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 to carry out project or project 
     operation studies unless the Secretary of the Army ensures 
     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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