S.Amdt. 3830

SA 3830. Mr. CARDIN submitted an amendment intended to be proposed by
him to the bill H.R. 2028, making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2016, and for other purposes; which was ordered to lie on the
table; as follows:

At the appropriate place, insert the following:

SEC. ___. PROTECTION OF FISH AND WILDLIFE.

(a) In General.--None of the funds made available by this
Act shall be available for activities relating to section
906(d) of the Water Resources Development Act of 1986 (33
U.S.C. 2283(d)) if the Secretary of the Army does not ensure
evaluation of and mitigation for impacts to fish and wildlife
resources consistent with recommendations developed by the
Director of the United States Fish and Wildlife Service, the
Secretary of the Interior, and the States pursuant to section
2 of the Fish and Wildlife Coordination Act (16 U.S.C. 662),
including recommendations to properly evaluate impacts and
avoid adverse impacts to fish and wildlife resources.
(b) Requirements.--
(1) In general.--In carrying out subsection (a), the
Secretary of the Army shall not select a recommended
alternative for a water resources project if the Director of
the United States Fish and Wildlife Service concludes that
the impacts of that alternative cannot be successfully
mitigated.
(2) Mitigation.--The mitigation requirements under this
section shall be in addition to any other mitigation measures
required under section 906 of the Water Resources Development
Act of 1986 (33 U.S.C. 2283) and any other applicable Federal
or State law (including regulations).
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