To ensure the continuation of successful fisheries mitigation programs, and for other purposes.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Mitigation Fisheries 
Coordination Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The operation of dams and other water diversion 
        projects are for the benefit of the American public. They 
        provide inexpensive energy, flood control, water storage for 
        municipal and agricultural purposes, and opportunities for 
        recreational boating and enjoyment. The construction and 
        operation of these Federal water resources development projects 
        have had impacts on many water systems and their respective 
        fish populations, resulting in the need to build and operate 
        fish hatcheries to mitigate for aquatic resources affected by 
        these projects.
            (2) In accordance with the Fish and Wildlife Act of 1956 
        (16 U.S.C. 742a et seq.), the Fish and Wildlife Coordination 
        Act (16 U.S.C. 661 et seq.), the Watershed Protection and Flood 
        Prevention Act (16 U.S.C. 1001 et seq.), and the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the 
        United States Fish and Wildlife Service has established policy 
        (501 FW 2) to seek to mitigate for fish, wildlife, and their 
        habitats, and uses thereof, from the effects of land and water 
        developments.
            (3) The Service currently operates fish hatcheries that are 
        involved in mitigation fishery activities related to 
        construction and operation of Federal water resources 
        development projects.
            (4) Inconsistency in authorities to construct and operate 
        Federal water resources development projects has led to a 
        myriad of mechanisms for funding and conducting Federal 
        mitigation fishery activities. In most cases, Federal water 
        project development agencies fund mitigation fishery costs. In 
        some cases, the Service expends its appropriations to offset or 
        completely pay for mitigation fishery costs.
            (5) The Service is the Federal agency through which a water 
        development agency will negotiate to provide reimbursement 
        funding or goods and services (or both) to compensate for the 
        impact of Federal water development projects on aquatic 
        resources.
            (6) The water development agency should bear the financial 
        responsibility for mitigation fishery costs incurred by the 
        Service. Where applicable, the water development agency should 
        include the costs of fisheries mitigation caused by a 
        particular water development project as set forth in a fishery 
        mitigation plan, when eliciting reimbursement from a power 
        management agency for the ongoing cost of maintaining and 
        operating that water development project.

SEC. 3. MITIGATION FISHERY ACTIVITIES.

    (a) Imposition of Charges.--The Director of the Service shall 
impose a charge for conducting mitigation fishery activities.
    (b) Fishery Mitigation Plans.--
            (1) Development.--A charge imposed by the Service under 
        subsection (a) shall be paid by a water development agency in 
        accordance with a fishery mitigation plan developed and 
        approved by the Director and the head of the agency.
            (2) Contents.--A fishery mitigation plan developed under 
        this subsection shall--
                    (A) describe the long-term goals and annual targets 
                under which the Service will conduct mitigation fishery 
                activities in connection with projects carried out by a 
                water development agency;
                    (B) establish charges to be imposed by the Service 
                on the agency for conducting the mitigation fishery 
                activities; and
                    (C) include the terms under which the agency will 
                make payments on the charges to the Service.
            (3) Participation of states and indian tribes.--A fishery 
        mitigation plan under this section shall be developed in 
        cooperation and coordination with affected States and Indian 
        tribes.
            (4) Renegotiation.--The Director of the Service and the 
        head of a water development agency shall renegotiate a fishery 
        mitigation plan under this subsection every 3 years to adjust 
        for changing mitigation fishery costs covered by the plan.
    (c) Amount of Charges.--Charges imposed by the Service for 
conducting mitigation fishery activities shall be reasonably related to 
the mitigation fishery costs associated with the activities.
    (d) Payment of Charges.--
            (1) In general.--On or before the first day of each fiscal 
        year beginning after September 30, 2012, a water development 
        agency shall make a payment to the Service for that fiscal year 
        as required under a fishery mitigation plan developed by the 
        Service and the agency under subsection (b).
            (2) Crediting of payments; availability of amounts.--Funds 
        paid to the Service under this subsection shall--
                    (A) be credited to the appropriation of the Service 
                initially charged for providing the service for which 
                the payment is being made;
                    (B) be available to the Service for expenditure in 
                amounts specified in appropriations Acts; and
                    (C) remain available until expended.
            (3) Projects without fishery mitigation plans.--In the 
        absence of a fishery mitigation plan, the Service may conduct 
        mitigation fishery activities and receive funding from a water 
        development agency for the activities based on the terms and 
        conditions that applied with respect to the activities in the 
        prior fiscal year.
    (e) Services Provided to Power Management Agencies.--If a water 
development agency collects reimbursements from a power management 
agency for the ongoing costs of maintaining and operating a Federal 
water resources development project, the water development agency may 
include, in those ongoing costs, the costs associated with the 
project's fishery mitigation activities.
    (f) Definitions.--In this section, the following definitions apply:
            (1) Mitigation fishery activities.--The term ``mitigation 
        fishery activities'' means rearing and stocking of native and 
        nonnative fish to replace or maintain fishery resources or 
        harvest levels (or both) lost as a result of a Federal water 
        resources development project, and includes project planning, 
        population assessment and evaluation, genetic monitoring, 
        broodstock development, and fish health sampling.
            (2) Mitigation fishery costs.--The term ``mitigation 
        fishery costs'' means the expenditures necessary to operate, 
        maintain, and rehabilitate mitigation fishery facilities and to 
        conduct mitigation fishery activities, and includes personnel, 
        transportation, utilities, contractual services, fish feed, 
        supplies, equipment, routine maintenance, deferred maintenance, 
        fish eggs, technical support, fish health, management and 
        administration, planning, and hatchery product evaluations.
            (3) Mitigation fishery facility.--The term ``mitigation 
        fishery facility'' means a facility described in subsection (g) 
        that is owned and operated by the Service through the National 
        Fish Hatchery System for the purpose, either wholly or 
        substantially in part, of conducting mitigation fishery 
        activities.
            (4) Service.--The term ``Service'' means the United States 
        Fish and Wildlife Service.
            (5) Water development agency.--The term ``water development 
        agency'' means the Army Corps of Engineers, the Bureau of 
        Reclamation, or the Tennessee Valley Authority.
    (g) Listing of Mitigation Fishery Facilities.--The mitigation 
fishery facilities referred to in subsection (f) are as follows:
            (1) In Arkansas--
                    (A) Greers Ferry National Fish Hatchery; and
                    (B) Norfork National Fish Hatchery.
            (2) In California--
                    (A) California-Nevada Fish Health Center; and
                    (B) Tehama-Colusa Fish Facility.
            (3) In Colorado, Hotchkiss National Fish Hatchery.
            (4) In Georgia--
                    (A) Chattahoochee Forest National Fish Hatchery; 
                and
                    (B) Warm Springs Fish Health Center.
            (5) In Kentucky, Wolf Creek National Fish Hatchery.
            (6) In Missouri, Neosho National Fish Hatchery.
            (7) In Montana--
                    (A) Ennis National Fish Hatchery;
                    (B) Bozeman Fish Health Center; and
                    (C) Creston National Fish Hatchery.
            (8) In Nevada, Lahontan National Fish Hatchery.
            (9) In North Dakota--
                    (A) Garrison Dam National Fish Hatchery; and
                    (B) Valley City National Fish Hatchery.
            (10) In Pennsylvania, Lamar Fish Health Center.
            (11) In South Dakota, Gavins Point National Fish Hatchery.
            (12) In Tennessee--
                    (A) Dale Hollow National Fish Hatchery; and
                    (B) Erwin National Fish Hatchery.
            (13) In Utah, Jones Hole National Fish Hatchery.
            (14) In West Virginia, White Sulphur Springs National Fish 
        Hatchery.
            (15) In Wisconsin, LaCrosse Fish Health Center.
            (16) In Wyoming--
                    (A) Jackson National Fish Hatchery; and
                    (B) Saratoga National Fish Hatchery.

Summary: National Mitigation Fisheries Coordination Act - Directs the US Fish and Wildlife Service (USFWS) to impose a charge for conducting mitigation fishery activities in connection with federal water resources development projects carried out by water development agencies . Requires such agencies to pay the charge in accordance with a fishery mitigation plan developed and approved by the USFWS Director and the agency head. Defines mitigation fishery activities as rearing and stocking of native and nonnative fish to replace or maintain fishery resources or harvest levels lost as a result of such a project, including project planning, population assessment and evaluation, genetic monitoring, broodstock development, and fish health sampling. Requires USFWS's charges to be reasonably related to expenditures necessary to: (1) operate, maintain, and rehabilitate certain USFWS-owned and -operated mitigation fishery facilities, hatcheries, and health centers. And (2) conduct mitigation fishery activities, including expenditures for personnel, transportation, utilities, contractual services, fish feed, supplies, equipment, routine maintenance, deferred maintenance, fish eggs, technical support, fish health, management and administration, planning, and hatchery product evaluations. Permits a water development agency, if it collects reimbursements from a power management agency for the ongoing costs of maintaining and operating a federal water resources development project, to include the costs associated with the project's fishery mitigation activities.