Amendment numbered 2 printed in House Report 108-282.

1. 1

   Change 1: Rewrites page 56, lines 8–22

   ReplacesPrinted page

   Removes page 56, lines 8–22 of the printed bill. See that page

   Inserted: (3) Completion of mitigation.--To ensure concurrent mitigation, the Secretary shall implement at least 50 percent of required mitigation before beginning project construction and shall implement the remainder of required mitigation as expeditiously as practical, but not later than--

   Inserted: (A) the last day of construction of the project or separable element of the project; or

   Inserted: (B) in those instances in which it is not technically practicable to complete mitigation concurrent with the last day of project construction because of the nature of the mitigation to be undertaken, as expeditiously as practicable, but in no case later than the last day of the first fiscal year beginning after the last day of construction of the project or separable element of the project.

   Inserted: (b) Full Mitigation Plan Contents.--Section 906(d) of such Act (33 U.S.C. 2283(d)) is amended--

   Inserted: (1) in the first sentence of paragraph (1)(A)--

   Inserted: (A) by inserting after "Congress" the following: ", and shall not choose a project alternative in any final record of decision, environmental impact statement, or environmental assessment,";

   Inserted: (B) by striking "a recommendation with"; and

   Inserted: (C) by inserting "fully" before "mitigate"; and

   Inserted: (2) by adding at the end the following:

   Inserted: "(3) Standards for mitigation.--

   Inserted: "(A) In general.--To fully mitigate fish and wildlife impacts, the Secretary shall develop and implement mitigation plans under paragraph (1) that will--

   Inserted: "(i) acquire and restore at least one acre of superior or equivalent habitat of the same type to replace each acre of habitat negatively affected by the project; and

   Show 3 more inserted paragraphsShow less

   Inserted: "(ii) implement additional activities necessary to ensure that mitigation will result in replacement of all functions of the habitat negatively affected by the project, including spatial distribution and natural hydrologic and ecological characteristics.

   Inserted: "(B) Probability of success.--A mitigation plan submitted by the Secretary under paragraph (1) shall have a high probability of successfully mitigating the adverse impacts of the project on aquatic and other resources, hydrologic functions, and fish and wildlife.

   Inserted: "(4) Mitigation plan contents.--A mitigation plan shall include--".

   Original wording

   Page 56, strike lines 8 through 22 and insert the following:

2. 2

   Change 2: Strikes “any necessary”

   StrikesPage 57, line 15Printed page

   In H.R. 2557 · Reported in House

   "(D) success criteria for mitigation based on replacement of lost functions and values of the habitat, including hydrologic and vegetative characteristics; and

   "(E) a plan for [struck: any necessary ]monitoring to determine the success of the mitigation, including the cost and duration of any monitoring, and to the extent practicable, the entities responsible for any monitoring.

   "(4) Responsibility for monitoring.--In any case in which it is not practicable to identify in a mitigation plan for a water resources project, the entity responsible for monitoring at the time of a final report of the Chief of Engineers or other final decision document for the project, such entity shall be identified in the partnership agreement entered into with the non-Federal interest.".

   Original wording

   Page 57, line 15, strike “any necessary”.

3. 3

   Change 3: Replaces “(4)” with “(5)”

   ReplacesPage 57, line 20Printed page

   [struck: (4)][inserted: (5)]

   Original wording

   Page 57, line 20, strike “(4)” and insert “(5)”.

Read automatically from the Congressional Record. Check the original before relying on it.

As printed