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Code · STATUTE-COMPILATIONS · Water Infrastructure Improvements for the Nation Act · Sec. 1162

Sec. 1162. FISH AND WILDLIFE MITIGATION

371 words·~2 min read·/statute-compilations/comps-13821/sec-1162

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## SEC. 1162 FISH AND WILDLIFE MITIGATION Section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283) is amended— ####
(1)in subsection (h)— #####
(A)in paragraph (4)— ######
(i)by redesignating subparagraphs
(D)and
(E)as subparagraphs
(E)and (F), respectively; and ######
(ii)by inserting after subparagraph
(C)the following: > > ##### “(D) > > include measures to protect or restore habitat connectivity;” > ; #####
(B)in paragraph (6)(C) by striking “impacts” and inserting “impacts, including impacts to habitat connectivity”; and #####
(C)by striking paragraph
(11)and inserting the following: > > #### “(11) Effect > > Nothing in this subsection— > > > ##### “(A) > > requires the Secretary to undertake additional mitigation for existing projects for which mitigation has already been initiated, including the addition of fish passage to an existing water resources development project; or > > > ##### “(B) > > affects the mitigation responsibilities of the Secretary under any other provision of law.” > ; and ####
(2)by adding at the end the following: > > ### “(j) Use of Funds > > > #### “(1) In general > > The Secretary, with the consent of the applicable non-Federal interest, may use funds made available for preconstruction engineering and design after authorization of project construction to satisfy mitigation requirements through third-party arrangements or to acquire interests in land necessary for meeting mitigation requirements under this section. > > > #### “(2) Notification > > Prior to the expenditure of any funds for a project pursuant to paragraph (1), the Secretary shall notify the Committee on Appropriations and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Appropriations and the Committee on Environment and Public Works of the Senate. > > > ### “(k) Measures > > The Secretary shall consult with interested members of the public, the Director of the United States Fish and Wildlife Service, the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration, States, including State fish and game departments, and interested local governments to identify standard measures under subsection (h)(6)(C) that reflect the best available scientific information for evaluating habitat connectivity.” > .
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Sec. 1162
FISH AND WILDLIFE MITIGATION
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