(Pub. L. 99–662, title IX, § 906,Nov. 17, 1986, 100 Stat. 4186; Pub. L. 102–580, title III, § 333(a),Oct. 31, 1992, 106 Stat. 4852; Pub. L. 106–53, title II, § 221,Aug. 17, 1999, 113 Stat. 295; Pub. L. 106–541, title II, § 224(a),Dec. 11, 2000, 114 Stat. 2597; Pub. L. 110–114, title II, § 2036(a),Nov. 8, 2007, 121 Stat. 1092.)
References in Text
The Endangered Species Act, as amended, referred to in subsec. (e)(2), probably means the Endangered Species Act of 1973, Pub. L. 93–205
, Dec. 28, 1973, 87 Stat. 884
, as amended, which is classified generally to chapter 35 (§ 1531 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section
Public Law 99–88, referred to in subsec. (f), is Pub. L. 99–88
, Aug. 15, 1985, 99 Stat. 293
, known as the Supplemental Appropriations Act, 1985. Provisions of Pub. L. 99–88
authorizing the project for the Atchafalaya Floodway System, Louisiana, are not classified to the Code. For complete classification of this Act to the Code, see Tables.
The Flood Control Act of 1965, referred to in subsec. (f), is title II of Pub. L. 89–298
, Oct. 27, 1965, 79 Stat. 1073
. Provisions of that Act authorizing the project for Mississippi Delta Region, Louisiana, are not classified to the Code. For complete classification of this Act to the Code, see Tables.
The Fish and Wildlife Coordination Act referred to in subsec. (g), is act Mar. 10, 1934, ch. 55, 48 Stat. 401
, as amended, which is classified generally to sections
, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section
2007—Subsec. (d)(1). Pub. L. 110–114
, § 2036(a)(1), (2), substituted “to Congress in any report, and shall not select a project alternative in any report,” for “to the Congress” and inserted “, and other habitat types are mitigated to not less than in-kind conditions” after “mitigated in-kind”.
Subsec. (d)(3) to (5). Pub. L. 110–114
, § 2036(a)(3), added pars. (3) to (5).
2000—Subsec. (d). Pub. L. 106–541
inserted subsec. heading, designated existing provisions as par. (1), inserted par. heading, realigned margins, substituted “November 17, 1986” for “the date of enactment of this Act”, redesignated former cls. (1) and (2) as (A) and (B), respectively, and added par. (2).
1999—Subsec. (e). Pub. L. 106–53
inserted after second sentence “Not more than 80 percent of the non-Federal share of such first costs may be satisfied through in-kind contributions, including facilities, supplies, and services that are necessary to carry out the enhancement project.”
1992—Subsec. (c). Pub. L. 102–580
inserted “, including lands, easements, rights-of-way, and relocations,” before “for implementation and operation”.
Pub. L. 106–541
, title II, § 224(b),Dec. 11, 2000, 114 Stat. 2598
, provided that:
“(A) In general.—The Comptroller General shall conduct an investigation of the effectiveness of the concurrent mitigation requirements of section 906 of the Water Resources Development Act of 1986 (33
). In carrying out the investigation, the Comptroller General shall determine—
“(i) whether or not there are instances in which less than 50 percent of required mitigation is completed before initiation of project construction and the number of such instances; and
“(ii) the extent to which mitigation projects restore natural hydrologic conditions, restore native vegetation, and otherwise support native fish and wildlife species.
“(B) Special rule.—In carrying out subparagraph (A)(ii), the Comptroller General shall—
“(i) establish a panel of independent scientists, comprised of individuals with expertise and experience in applicable scientific disciplines, to assist the Comptroller General; and
“(ii) assess methods used by the Corps of Engineers to monitor and evaluate mitigation projects, and compare Corps of Engineers mitigation project design, construction, monitoring, and evaluation practices with those used in other publicly and privately financed mitigation projects.
“(2) Report.—Not later than 1 year after the date of enactment of this Act [Dec. 11, 2000], the Comptroller General shall transmit to Congress a report on the results of the investigation.”