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)— (A) in paragraph (1), by striking shall not submit and all that follows through unless such report contains and inserting may not approve any proposal related to a water resources project unless the Secretary has prepared a report relating to the project that contains; (B) in paragraph (2)— (i) by striking The Secretary and inserting the following: (A) In general The Secretary; and (ii) by adding at the end the following: (B) Identification The Secretary shall consult with the non-Federal interest for a water resources project, and other stakeholders, to the maximum extent practicable— (i) to identify mitigation implementation practices or accepted assessment methodologies used in the region of the water resources project and incorporate such practices and methodologies into the mitigation plan for such project; and (ii) to identify projects that have not been constructed, or concepts described in mitigation plans for other water resources projects, that may be used to meet the restoration or mitigation needs of the water resources project.; and (C) in paragraph (3)(B)(iv)(I), by inserting or a description of the requirements for a third-party mitigation instrument that would be developed in the case that a contract for future delivery of credits will be used after to be used; (2) in subsection (i)(1)(A)— (A) in clause (i), by inserting, for immediate delivery or future delivery to be identified in the mitigation instrument after banks; and (B) in clause (ii), by inserting, for immediate delivery or future delivery to be identified in the mitigation instrument after programs; and (3) by adding at the end the following: (l) Separable elements Mitigation of fish and wildlife losses required under this section that is provided in the form of credit shall be considered a separable element of a project without requiring further evaluation. (m) Transparency The Secretary shall ensure that— (1) the mitigation requirements for each water resources project— (A) are made publicly available (including on a publicly available website of the headquarters of the Corps of Engineers); and (B) include the location of the project, the anticipated schedule for mitigation, the type of mitigation required, the amount of mitigation required, and the remaining mitigation needs; (2) the mitigation plan for such project is made publicly available, as applicable; (3) the information described in paragraph (1) is updated regularly; and (4) carrying out the requirements of this subsection with respect to each water resources project is considered a project expense. (n) Coordination To the maximum extent practicable, the Secretary shall ensure that the project delivery team and regulatory team of the Corps of Engineers work in coordination to successfully carry out mitigation efforts..

Section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283) is amended— (1) in subsection (d)— (A) in paragraph (1), by striking shall not submit and all that follows through unless such report contains and inserting may not approve any proposal related to a water resources project unless the Secretary has prepared a report relating to the project that contains; (B) in paragraph (2)— (i) by striking The Secretary and inserting the following: (A) In general The Secretary; and (ii) by adding at the end the following: (B) Identification The Secretary shall consult with the non-Federal interest for a water resources project, and other stakeholders, to the maximum extent practicable— (i) to identify mitigation implementation practices or accepted assessment methodologies used in the region of the water resources project and incorporate such practices and methodologies into the mitigation plan for such project; and (ii) to identify projects that have not been constructed, or concepts described in mitigation plans for other water resources projects, that may be used to meet the restoration or mitigation needs of the water resources project.; and (C) in paragraph (3)(B)(iv)(I), by inserting or a description of the requirements for a third-party mitigation instrument that would be developed in the case that a contract for future delivery of credits will be used after to be used; (2) in subsection (i)(1)(A)— (A) in clause (i), by inserting, for immediate delivery or future delivery to be identified in the mitigation instrument after banks; and (B) in clause (ii), by inserting, for immediate delivery or future delivery to be identified in the mitigation instrument after programs; and (3) by adding at the end the following: (l) Separable elements Mitigation of fish and wildlife losses required under this section that is provided in the form of credit shall be considered a separable element of a project without requiring further evaluation. (m) Transparency The Secretary shall ensure that— (1) the mitigation requirements for each water resources project— (A) are made publicly available (including on a publicly available website of the headquarters of the Corps of Engineers); and (B) include the location of the project, the anticipated schedule for mitigation, the type of mitigation required, the amount of mitigation required, and the remaining mitigation needs; (2) the mitigation plan for such project is made publicly available, as applicable; (3) the information described in paragraph (1) is updated regularly; and (4) carrying out the requirements of this subsection with respect to each water resources project is considered a project expense. (n) Coordination To the maximum extent practicable, the Secretary shall ensure that the project delivery team and regulatory team of the Corps of Engineers work in coordination to successfully carry out mitigation efforts..