I 

113TH CONGRESS 

1ST SESSION H. R. 2261 

To ensure the continuation of successful fisheries mitigation programs, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 5, 2013 

Mr. CRAWFORD (for himself, Mr. WESTMORELAND, and Mr. ROE of Tennessee) introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure, and in addition to the Committee 

on Natural Resources, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To ensure the continuation of successful fisheries mitigation 

programs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Mitigation 

5 Fisheries Coordination Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) The operation of dams and other water di2 version projects are for the benefit of the American 

3 public. They provide inexpensive energy, flood con4 trol, water storage for municipal and agricultural 

5 purposes, and opportunities for recreational boating 

6 and enjoyment. The construction and operation of 

7 these Federal water resources development projects 

8 have had impacts on many water systems, habitats, 

9 and their respective fish populations, resulting in the 

10 need to build and operate fish hatcheries to mitigate 

11 for aquatic resources affected by these projects. 

12 (2) In accordance with the Fish and Wildlife 

13 Act of 1956 (16 U.S.C. 742a et seq.), the Fish and 

14 Wildlife Coordination Act (16 U.S.C. 661 et seq.), 

15 the Watershed Protection and Flood Prevention Act 

16 (16 U.S.C. 1001 et seq.), and the National Environ17 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

18 the United States Fish and Wildlife Service has es19 tablished policy (501 FW 2) to seek to mitigate for 

20 fish, wildlife, and their habitats, and uses thereof, 

21 from the effects of land and water developments. 

22 (3) The Service currently operates fish hatch23 eries that are involved in mitigation fishery activities 

24 related to construction and operation of Federal 

25 water resources development projects. 


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1 (4) Inconsistency in authorities to construct 

2 and operate Federal water resources development 

3 projects has led to a myriad of mechanisms for fund4 ing and conducting Federal mitigation fishery activi5 ties. In most cases, Federal water project develop6 ment agencies fund mitigation fishery costs. In some 

7 cases, the Service expends its appropriations to off8 set or completely pay for mitigation fishery costs. 

9 (5) The water development agency should bear 

10 the financial responsibility for mitigation fishery 

11 costs incurred by the Service. 

12 SEC. 3. MITIGATION FISHERY ACTIVITIES. 

13 (a) IMPOSITION OF CHARGES.—The Director of the 

14 Service shall impose a charge for conducting mitigation 

15 fishery activities. 

16 (b) FISHERY MITIGATION PLANS.— 

17 (1) DEVELOPMENT.—A charge imposed by the 

18 Service under subsection (a) shall be paid by a water 

19 development agency in accordance with a fishery 

20 mitigation plan developed and approved by the Di21 rector and the head of the agency. 

22 (2) CONTENTS.—A fishery mitigation plan de23 veloped under this subsection shall— 

24 (A) describe the long-term goals and an25 nual targets under which the Service will conVerDate Mar 15 2010 05:36 Jun 06, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2261.IH H2261

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1 duct mitigation fishery activities in connection 

2 with projects carried out by a water develop3 ment agency; 

4 (B) establish charges to be imposed by the 

5 Service on the agency for conducting the miti6 gation fishery activities; and 

7 (C) include the terms under which the 

8 agency will make payments on the charges to 

9 the Service. 

10 (3) PARTICIPATION OF STATES AND INDIAN

11 TRIBES.—A fishery mitigation plan under this sec12 tion shall be developed in cooperation and coordina13 tion with affected States and Indian tribes. 

14 (4) RENEGOTIATION.—The Director of the 

15 Service and the head of a water development agency 

16 shall renegotiate a fishery mitigation plan under this 

17 subsection every 3 years to adjust for changing miti18 gation fishery costs covered by the plan. 

19 (c) AMOUNT OF CHARGES.—Charges imposed by the 

20 Service for conducting mitigation fishery activities shall be 

21 reasonably related to the mitigation fishery costs associ22 ated with the activities. 

23 (d) PAYMENT OF CHARGES.— 

24 (1) IN GENERAL.—On or before the first day of 

25 each fiscal year beginning after September 30, 2013, 


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1 a water development agency shall make a payment 

2 to the Service for that fiscal year as required under 

3 a fishery mitigation plan developed by the Service 

4 and the agency under subsection (b). 

5 (2) CREDITING OF PAYMENTS; AVAILABILITY

6 OF AMOUNTS.—Funds paid to the Service under this 

7 subsection shall— 

8 (A) be credited to the appropriation of the 

9 Service initially charged for providing the serv10 ice for which the payment is being made; 

11 (B) be available to the Service for expendi12 ture in amounts specified in appropriations 

13 Acts; and 

14 (C) remain available until expended. 

15 (3) PROJECTS WITHOUT FISHERY MITIGATION

16 PLANS.—In the absence of a fishery mitigation plan, 

17 the Service may conduct mitigation fishery activities 

18 and receive funding from a water development agen19 cy for the activities based on the terms and condi20 tions that applied with respect to the activities in the 

21 prior fiscal year. 

22 (e) DEFINITIONS.—In this section, the following defi23 nitions apply: 

24 (1) MITIGATION FISHERY ACTIVITIES.—The 

25 term ‘‘mitigation fishery activities’’ means rearing 


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1 and stocking of native and nonnative fish to replace 

2 or maintain fishery resources or harvest levels (or 

3 both) lost as a result of a Federal water resources 

4 development project, and includes project planning, 

5 population assessment and evaluation, genetic moni6 toring, broodstock development, and fish health sam7 pling. 

8 (2) MITIGATION FISHERY COSTS.—The term 

9 ‘‘mitigation fishery costs’’ means the expenditures 

10 necessary to operate, maintain, and rehabilitate miti11 gation fishery facilities and to conduct mitigation 

12 fishery activities, and includes personnel, transpor13 tation, utilities, contractual services, fish feed, sup14 plies, equipment, routine maintenance, deferred 

15 maintenance, fish eggs, technical support, fish 

16 health, management and administration, planning, 

17 outreach and education, and hatchery product eval18 uations. 

19 (3) MITIGATION FISHERY FACILITY.—The term 

20 ‘‘mitigation fishery facility’’ means a facility de21 scribed in subsection (g) that is owned and operated 

22 by the Service through the National Fish Hatchery 

23 System for the purpose, either wholly or substan24 tially in part, of conducting mitigation fishery activi25 ties. 


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1 (4) SERVICE.—The term ‘‘Service’’ means the 

2 United States Fish and Wildlife Service. 

3 (5) WATER DEVELOPMENT AGENCY.—The term 

4 ‘‘water development agency’’ means the Army Corps 

5 of Engineers, the Bureau of Reclamation, or the 

6 Tennessee Valley Authority. 

7 (f) LISTING OF MITIGATION FISHERY FACILITIES.— 

8 The mitigation fishery facilities referred to in subsection 

9 (f) are as follows: 

10 (1) In Arkansas— 

11 (A) Greers Ferry National Fish Hatchery; 

12 and 

13 (B) Norfork National Fish Hatchery. 

14 (2) In Georgia— 

15 (A) Chattahoochee Forest National Fish 

16 Hatchery; and 

17 (B) Warm Springs Fish Health Center. 

18 (3) In Kentucky, Wolf Creek National Fish 

19 Hatchery. 

20 (4) In Missouri, Neosho National Fish Hatch21 ery. 

22 (5) In Montana— 

23 (A) Ennis National Fish Hatchery; and 

24 (B) Bozeman Fish Health Center. 

25 (6) In North Dakota— 


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1 (A) Garrison Dam National Fish Hatch2 ery; and 

3 (B) Valley City National Fish Hatchery. 

4 (7) In Pennsylvania, Lamar Fish Health Cen5 ter. 

6 (8) In South Dakota, Gavins Point National 

7 Fish Hatchery. 

8 (9) In Tennessee— 

9 (A) Dale Hollow National Fish Hatchery; 

10 and 

11 (B) Erwin National Fish Hatchery. 

12 (10) In Utah, Jones Hole National Fish Hatch13 ery. 

14 (11) In West Virginia, White Sulphur Springs 

15 National Fish Hatchery. 

16 (12) In Wisconsin, LaCrosse Fish Health Cen17 ter. 

18 (13) In Wyoming, Saratoga National Fish 

19 Hatchery. 

Æ 


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