Page:United States Statutes at Large Volume 121.djvu/1115

 121 STAT. 1094

PUBLIC LAW 110–114—NOV. 8, 2007 ‘‘(iv) Any recommendations for improving the likelihood of success. ‘‘(5) MONITORING.—Mitigation monitoring shall continue until it has been demonstrated that the mitigation has met the ecological success criteria.’’. (b) STATUS REPORT.— (1) IN GENERAL.—Concurrent with the President’s submission to Congress of the President’s request for appropriations for the Civil Works Program for a fiscal year, the Secretary shall 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 status of construction of projects that require mitigation under section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283), the status of such mitigation, and the results of the consultation under subsection (d)(4)(B) of such section. (2) PROJECTS INCLUDED.—The status report shall include the status of— (A) all projects that are under construction as of the date of the report; (B) all projects for which the President requests funding for the next fiscal year; and (C) all projects that have undergone or completed construction, but have not completed the mitigation required under section 906 of the Water Resources Development Act of 1986. (3) AVAILABILITY OF INFORMATION.—The Secretary shall make information contained in the status report available to the public, including on the Internet. (c) WETLANDS MITIGATION.— (1) IN GENERAL.—In carrying out a water resources project that involves wetlands mitigation and that has impacts that occur within the service area of a mitigation bank, the Secretary, where appropriate, shall first consider the use of the mitigation bank if the bank contains sufficient available credits to offset the impact and the bank is approved in accordance with the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605) or other applicable Federal law (including regulations). (2) SERVICE AREA.—To the maximum extent practicable, the service area of the mitigation bank under paragraph (1) shall be in the same watershed as the affected habitat. (3) RESPONSIBILITY FOR MONITORING.— (A) IN GENERAL.—Purchase of credits from a mitigation bank for a water resources project relieves the Secretary and the non-Federal interest from responsibility for monitoring or demonstrating mitigation success. (B) APPLICABILITY.—The relief of responsibility under subparagraph (A) applies only in any case in which the Secretary determines that monitoring of mitigation success is being conducted by the Secretary or by the owner or operator of the mitigation bank.

33 USC 2283a.

Public information. Internet. 33 USC 2317b.

SEC. 2037. REGIONAL SEDIMENT MANAGEMENT.

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(a) IN GENERAL.—Section 204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326) is amended to read as follows:

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