; and (E) in paragraph (4) (as so redesignated), in the matter preceding subparagraph (A)— (i) by inserting the Secretary shall ensure that before contributions ; and (ii) by striking may ; and (3) by adding at the end the following: (l) Compliance In carrying out this section, the Secretary shall ensure compliance with this section and with the final rule of the Corps of Engineers and the Environmental Protection Agency entitled Compensatory Mitigation for Losses of Aquatic Resources (73 Fed. Reg. 19594 (April 10, 2008)) or any subsequent rule. .