Section 1 Short title
This Act may be cited as the “Improving Corps Civil Works Compensatory Mitigation Act”.
Improving Corps Civil Works Compensatory Mitigation Act
A BILL
To amend the Water Resources Development Act of 1986 to improve compensatory mitigation, and for other purposes.
Sec. 2 Fish and wildlife mitigation
Section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283) is amended—
in subsection (d)(3)(B)(iv)—
in subclause (I), by inserting “or contract (as defined in subsection (i)(1))” after “instrument”; and
in subclause (II), by inserting “or contract (as so defined)” after “instrument”;
in subsection (i)—
by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively;
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.”
in subparagraph (A) of paragraph (2) (as so redesignated)—
in clause (i), by striking “and” at the end; and
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”
in paragraph (3) (as so redesignated), by striking “paragraph (1)” and inserting “paragraph (2)”; and
in paragraph (4) (as so redesignated), in the matter preceding subparagraph (A)—
by inserting “the Secretary shall ensure that” before “contributions”; and
by striking “may”; and
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.”