II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Improving Corps Civil 

5 Works Compensatory Mitigation Act’’. 

6 SEC. 2. FISH AND WILDLIFE MITIGATION. 

7 Section 906 of the Water Resources Development Act 

8 of 1986 (33 U.S.C. 2283) is amended— 

9 (1) in subsection (d)(3)(B)(iv)— 


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1 (A) in subclause (I), by inserting ‘‘or con2 tract (as defined in subsection (i)(1))’’ after 

3 ‘‘instrument’’; and 

4 (B) in subclause (II), by inserting ‘‘or con5 tract (as so defined)’’ after ‘‘instrument’’; 

6 (2) in subsection (i)— 

7 (A) by redesignating paragraphs (1) 

8 through (4) as paragraphs (2) through (5), re9 spectively; 

10 (B) by inserting before paragraph (2) (as 

11 so redesignated) the following: 

12 ‘‘(1) DEFINITION OF CONTRACT.—In this sub13 section, the term ‘contract’ means an agreement be14 tween the Secretary and a mitigation provider 

15 that— 

16 ‘‘(A) uses accepted Corps of Engineers 

17 District-level mitigation practices described in 

18 part 332 of title 33, Code of Federal Regula19 tions (or successor regulations); and 

20 ‘‘(B) prioritizes implementation of an ex21 isting restoration plan developed by a State, 

22 local, or regional entity that covers the area or 

23 resources affected by the civil works project 

24 that is the subject of the third-party arrange25 ment.’’; 


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1 (C) in subparagraph (A) of paragraph (2) 

2 (as so redesignated)— 

3 (i) in clause (i), by striking ‘‘and’’ at 

4 the end; and 

5 (ii) by adding at the end the fol6 lowing: 

7 ‘‘(iii) the purchase of credits under 

8 part 332 of title 33, Code of Federal Regu9 lations (or successor regulations) in ac10 cordance with section 332.4(c)(6) of that 

11 title (or a successor regulation) through a 

12 contract to satisfy the mitigation plan re13 quired under subsection (d); and’’; 

14 (D) in paragraph (3) (as so redesignated), 

15 by striking ‘‘paragraph (1)’’ and inserting 

16 ‘‘paragraph (2)’’; and 

17 (E) in paragraph (4) (as so redesignated), 

18 in the matter preceding subparagraph (A)— 

19 (i) by inserting ‘‘the Secretary shall 

20 ensure that’’ before ‘‘contributions’’; and 

21 (ii) by striking ‘‘may’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(l) COMPLIANCE.—In carrying out this section, the 

24 Secretary shall ensure compliance with this section and 

25 with the final rule of the Corps of Engineers and the EnviVerDate Sep 11 2014 22:16 May 02, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4157.IS S4157

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1 ronmental Protection Agency entitled ‘Compensatory Miti2 gation for Losses of Aquatic Resources’ (73 Fed. Reg. 

3 19594 (April 10, 2008)) or any subsequent rule.’’. 

Æ 


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