I 

109TH CONGRESS 

1ST SESSION H. R. 537

To ensure the continuation of successful fisheries mitigation programs. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2005

Mr. DEAL of Georgia (for himself and Mr. NORWOOD) introduced the following bill; which was referred to the Committee on Transportation and 

Infrastructure, and in addition to the Committee on 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.

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 Fisheries 

5 Mitigation Coordination Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The operation of dams and other water di9 version projects are for the benefit of the American 
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1 public. The construction and operation of these Fed2 eral water resource development projects have had 

3 impacts on many water systems and their respective 

4 fish populations, resulting in the need to build and 

5 operate fish hatcheries to mitigate for aquatic re6 sources affected by these projects. 

7 (2) In accordance with the Fish and Wildlife 

8 Act of 1956 (16 U.S.C. 742(a)–754), the Fish and 

9 Wildlife Coordination Act (16 U.S.C. 661–667(e)), 

10 the Watershed Protection and Flood Prevention Act 

11 (16 U.S.C. 1001–1009), and the National Environ12 mental Policy Act (42 U.S.C. 4321–4347), the Serv13 ice has established policy (501 FW 2) to seek to 

14 mitigate for fish, wildlife, and their habitats, and 

15 uses thereof, from the effects of land and water de16 velopments. 

17 (3) The United States Fish and Wildlife Service 

18 currently operates nearly 40 fish hatcheries that are 

19 involved in mitigation fishery activities related to 

20 construction and operation of Federal water resource 

21 development projects. 

22 (4) Mitigation fishery activities conducted by 

23 the Service at these facilities are highly valued by 

24 the State and Indian tribal partners, and the fishing 

25 community. 
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1 (5) Inconsistency in authorities, which now 

2 number over 200, to construct and operate Federal 

3 water resource development projects have led to 

4 myriad mechanisms for funding and conducting Fed5 eral mitigation fishery activities. In most cases Fed6 eral water project sponsors fund mitigation fishery 

7 costs. In some cases the Service expends its appro8 priations to offset mitigation fishery costs. 

9 (6) The Service is the Federal agency through 

10 which a sponsor agency will negotiate to provide 

11 goods and services to augment fisheries to com12 pensate for the impact of Federal water development 

13 projects on aquatic resources. 

14 (7) The sponsor agency should bear the finan15 cial responsibility for mitigation fishery costs in16 curred by the Service. 

17 SEC. 3. DEFINITIONS. 

18 For this Act, the following definitions apply: 

19 (1) SPONSOR AGENCY.—The term ‘‘sponsor 

20 agency’’ means the United States Army Corps of 

21 Engineers, the Bureau of Reclamation, or the Ten22 nessee Valley Authority. 

23 (2) SERVICE.—The term ‘‘Service’’ means the 

24 United States Fish and Wildlife Service. 
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1 (3) MITIGATION FISHERIES.—The term ‘‘miti2 gation fisheries’’ means fisheries augmented by 

3 hatchery fish to compensate for the impacts of Fed4 eral water development projects on aquatic re5 sources. 

6 (4) MITIGATION FISHERY ACTIVITIES.—The 

7 term ‘‘mitigation fishery activities’’ means rearing 

8 and stocking of native and nonnative fish to replace 

9 or maintain harvest levels lost as a result of Federal 

10 water resource development projects and includes 

11 project planning and evaluation. 

12 (5) MITIGATION FISHERY COSTS.—The term 

13 ‘‘mitigation fishery costs’’ means the expenditures 

14 necessary to operate, maintain, and rehabilitate fa15 cilities to conduct mitigation fishery activities, and 

16 include: personnel, transportation, utilities, contrac17 tual services, fish feed, supplies, equipment, routine 

18 maintenance, deferred maintenance, fish eggs, tech19 nical support, fish health, management and adminis20 tration, planning, and evaluation. 

21 (6) MITIGATION FISHERY FACILITY.—The term 

22 ‘‘mitigation fishery facility’’ means facilities owned 

23 and operated by the United States Fish and Wildlife 

24 Service through the National Fish Hatchery System 
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1 for the purpose, either wholly or in part, of con2 ducting mitigation fishery activities. 

3 (7) FISHERY MITIGATION PLAN.—The term 

4 ‘‘fishery mitigation plan’’ refers to a resource man5 agement plan developed between the United States 

6 Fish and Wildlife Service and one or more sponsor 

7 agencies, and in cooperation and coordination with 

8 affected States and Indian Tribes, that describes the 

9 long-term goals and annual targets for conducting 

10 mitigation fishery activities. A fishery mitigation 

11 plan shall be approved in advance by a sponsor 

12 agency and the Service. 

13 SEC. 4. MITIGATION FISHERY COSTS. 

14 Not later than October 1, 2007, and each October 

15 1st thereafter, a sponsor agency shall pay to the Service 

16 the total amount of funds necessary to meet the mitigation 

17 fishery costs to meet objectives described in the fishery 

18 mitigation plan for a respective water development project. 

19 The funds to be obligated for this purpose shall be identi20 fied in advance by the Director of the United States Fish 

21 and Wildlife Service.

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