Improving Corps Civil Works Compensatory Mitigation Act

Bill: 118-s-4157
Sponsor: full_name: Sen. Padilla, Alex [D-CA]
Introduced: 2024-04-18
Policy area: Water Resources Development
Latest action: action_date: 2024-04-18
text: Read twice and referred to the Committee on Environment and Public Works. (Sponsor introductory remarks on measure: CR S2876)

Summaries:

tv_txt: II 118th CONGRESS 2d Session S. 4157 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. 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. .