Sec. 235. GAO Studies on mitigation
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Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct, and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, a report on the results of a study on projects and activities to mitigate fish and wildlife losses resulting from the construction, or operation and maintenance, of an authorized water resources development project.
In conducting the study under paragraph (1), the Comptroller General shall— investigate the extent to which— mitigation projects and activities (including the acquisition of lands or interests in lands) restore the natural hydrologic conditions, restore native vegetation, and otherwise support native fish and wildlife species, as required under section 906 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2283 ); mitigation projects or activities (including the acquisition of lands or interests in lands) are undertaken before, or concurrent with, the construction of the project; mitigation projects or activities (including the acquisition of lands or interests in lands) are completed; ongoing mitigation projects or activities are undertaken to mitigate for fish and wildlife losses from the operation and maintenance of a project (including periodic review and updating of such projects or activities); the Secretary includes mitigation plans (as required under subsection
(d)of such section 906) in any project study, as such term is defined in section 2034(l) of the Water Resources Development Act of 2007 ( 33 U.S.C. 2343 ); processing and approval of mitigation projects and activities (including the acquisition of lands or interests in lands) affects the timeline of completion of projects; and mitigation projects and activities (including the acquisition of lands or interests in lands) affect the total cost of projects; review any reports submitted to Congress in accordance with section 2036(b) of the Water Resources Development Act of 2007 (121 Stat. 1094) on the status of construction of projects that require mitigation; and consult with independent scientists, economists, and other stakeholders with expertise and experience. Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct, and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, a report on the results of a study on performance metrics for, compliance with, and adequacy in addressing project impacts of, potential mechanisms for fulfilling compensatory mitigation obligations pursuant to the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ). The Comptroller General shall include in the study under paragraph
(1)an analysis of— the primary mechanisms for fulfilling compensatory mitigation obligations, including— mitigation banks; in-lieu fee programs; and direct mitigation by permittees; the timeliness of initiation and successful completion of compensatory mitigation activities in relation to when the permitted activity occurs; the timeliness of processing and approval of compensatory mitigation activities; the costs of carrying out compensatory mitigation activities borne by the Federal Government, permittee, or any other involved entity; Federal and State agency oversight and short- and long-term monitoring of the compensatory mitigation activities; whether the compensatory mitigation activity successfully replaces any lost or adversely affected habitat with habitat having similar functions of equal or greater ecological value; and the continued, long-term success of the compensatory mitigation activities over a 5-, 10-, 20-, and 50-year period. In conjunction with the study under paragraph (1), the Comptroller General shall review and update the findings and recommendations, including a review of Federal agency compliance with such recommendations, in the report of the Comptroller General entitled, Corps of Engineers Does Not Have an Effective Oversight Approach to Ensure That Compensatory Mitigation Is Occurring and dated September 2005 (GAO–05–898).
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- 121 Stat. 1094
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