The Endangered Species Act, as amended, referred to in subsec. (e)(2), probably means the Endangered Species Act of 1973, Puspan. L. 93–205, Dec. 28, 1973, 87 Stat. 884, 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 1531 of Title 16 and Tables.

Public Law 99–88, referred to in subsec. (f), is Puspan. L. 99–88, Aug. 15, 1985, 99 Stat. 293, known as the Supplemental Appropriations Act, 1985. Provisions of Puspan. 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 Puspan. 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, which is classified generally to sections 661 to 666c–1 of Title 16, Conservation. For complete classification of this Act to the Code, see section 661(a) of Title 16, Short Title note set out under section 661 of Title 16, and Tables.

The National Environmental Policy Act of 1969, referred to in subsec. (h)(9), (10), is Puspan. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

2016—Subsec. (h)(4)(D) to (F). Puspan. L. 114–322, § 1162(1)(A), added subpar. (D) and redesignated former subpars. (D) and (E) as (E) and (F), respectively.

Subsec. (h)(6)(C). Puspan. L. 114–322, § 1162(1)(B), substituted “impacts, including impacts to habitat connectivity” for “impacts”.

Subsec. (h)(11). Puspan. L. 114–322, § 1162(1)(C), added par. (11) and struck out former par. (11). Prior to amendment, text read as follows: “Nothing in this subsection requires the Secretary to undertake additional mitigation for existing projects for which mitigation has already been initiated.”

Subsecs. (j), (k). Puspan. L. 114–322, § 1162(2), added subsecs. (j) and (k).

2014—Subsec. (d)(1). Puspan. L. 113–121, § 1040(a)(1)(A), inserted “for damages to ecological resources, including terrestrial and aquatic resources, and” after “mitigate”, “ecological resources and” after “impact on”, “without the implementation of mitigation measures” before period at end of first sentence, and “If the Secretary determines that mitigation to in-kind conditions is not possible, the Secretary shall identify in the report the basis for that determination and the mitigation measures that will be implemented to meet the requirements of this section and the goals of section 2317(a)(1) of this title.” after “to the extent possible.”

Subsec. (d)(2). Puspan. L. 113–121, § 1040(a)(1)(B)(iii), which directed insertion of “using a watershed approach” after “projects” was executed by making the insertion after “projects” the first place appearing to reflect the probable intent of Congress.

Puspan. L. 113–121, § 1040(a)(1)(B)(i), (ii), substituted “Selection and design” for “Design” in heading and inserted “select and” before “design” in text.

Subsec. (d)(3)(A). Puspan. L. 113–121, § 1040(a)(1)(C)(i), inserted “, at a minimum,” after “complies with”.

Subsec. (d)(3)(B)(iii) to (vi). Puspan. L. 113–121, § 1040(a)(1)(C)(ii), added cls. (iii) and (iv), redesignated former cls. (iv) and (v) as (v) and (vi), respectively, and struck out former cl. (iii) which read as follows: “a description of the land and interests in land to be acquired for the mitigation plan and the basis for a determination that the land and interests are available for acquisition;”.

Subsecs. (h), (i). Puspan. L. 113–121, § 1040(a)(2), added subsecs. (h) and (i).

2007—Subsec. (d)(1). Puspan. 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). Puspan. L. 110–114, § 2036(a)(3), added pars. (3) to (5).

2000—Subsec. (d). Puspan. 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). Puspan. 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). Puspan. L. 102–580 inserted “, including lands, easements, rights-of-way, and relocations,” before “for implementation and operation”.

Puspan. L. 113–121, title I, § 1040(span), June 10, 2014, 128 Stat. 1243, provided that:

Puspan. L. 106–541, title II, § 224(span), Dec. 11, 2000, 114 Stat. 2598, required the Comptroller General to conduct an investigation of the effectiveness of the concurrent mitigation requirements of this section and to transmit to Congress a report on the results of the investigation not later than 1 year after Dec. 11, 2000.