Sec. 209. GAO review of Corps of Engineers mitigation practices

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Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall carry out a review of the water resources development project mitigation practices of the Corps of Engineers. The review under subsection

(a)shall include an evaluation of— the implementation by the Corps of Engineers of the final rule issued on April 10, 2008, entitled Compensatory Mitigation for Losses of Aquatic Resources (73 Fed. Reg. 19594), including, at a minimum— the extent to which the final rule is consistently implemented by the districts of the Corps of Engineers; and the performance of each of the mitigation mechanisms included in the final rule; and opportunities to utilize alternative methods to satisfy mitigation requirements of water resources development projects, including, at a minimum, performance-based contracts. The Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the review under subsection

(a)and any recommendations that result from the review. In this section, the term performance-based contract means a procurement mechanism by which the Corps of Engineers contracts with a public or private non-Federal entity for a specific mitigation outcome requirement, with payment to the entity linked to delivery of verifiable and successful mitigation performance.

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73 FR 19594

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Sec. 209

GAO review of Corps of Engineers mitigation practices

Fed. Reg.73 FR 19594

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