I 

108TH CONGRESS 

2D SESSION H. R. 4383 

To ensure the continuation of successful fish mitigation programs. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 18, 2004 

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 fish 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 Fishery Miti5 gation 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. FISH HATCHERIES. 

18 A sponsor agency shall enter into an agreement with 

19 the Service described in section 5 to pay the cost that fish 

20 hatcheries that conduct mitigation activities incur, includ21 ing the following: 

22 (1) Arizona—Willow Beach, National Fish 

23 Hatchery. 

24 (2) Arkansas— 
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1 (A) Greers Ferry, National Fish Hatchery; 

2 and 

3 (B) Norfolk, National Fish Hatchery. 

4 (3) California—Tehama-Colusa Fish Facility. 

5 (4) Colorado—Hotchkiss, National Fish Hatch6 ery. 

7 (5) Georgia—Chattahoochee Forest, National 

8 Fish Hatchery. 

9 (6) Kentucky—Wolf Creek, National Fish 

10 Hatchery. 

11 (7) Missouri—Neosho, National Fish Hatchery. 

12 (8) Montana—Ennis, National Fish Hatchery. 

13 (9) Nevada—Lahontan, National Fish Hatch14 ery. 

15 (10) North Dakota— 

16 (A) Garrison Dam, National Fish Hatch17 ery; and 

18 (B) Valley City, National Fish Hatchery. 

19 (11) Oklahoma—Tishomingo, National Fish 

20 Hatchery. 

21 (12) South Dakota—Gavins Point, National 

22 Fish Hatchery. 

23 (13) Tennessee— 

24 (A) Dale Hollow, National Fish Hatchery; 

25 and 
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1 (B) Erwin, National Fish Hatchery. 

2 (14) Utah—Jones Hole, National Fish Hatch3 ery. 

4 (15) Wyoming—Jackson, National Fish Hatch5 ery. 

6 SEC. 4. DEFINITIONS. 

7 For this Act, the following definitions apply: 

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

9 agency’’ means the United States Army Corps of 

10 Engineers, the Bureau of Reclamation, or the Ten11 nessee Valley Authority. 

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

13 United States Fish and Wildlife Service. 

14 (3) MITIGATION FISHERIES.—The term ‘‘miti15 gation fisheries’’ means fisheries augmented by 

16 hatchery fish to compensate for the impacts of Fed17 eral water development projects on aquatic re18 sources. 

19 (4) MITIGATION FISHERY ACTIVITIES.—The 

20 term ‘‘mitigation fishery activities’’ means rearing 

21 and stocking of native and nonnative fish to replace 

22 or maintain harvest levels lost as a result of Federal 

23 water resource development projects and includes 

24 project planning and evaluation. 
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1 (5) MITIGATION FISHERY COSTS.—The term 

2 ‘‘mitigation fishery costs’’ means the expenditures 

3 necessary to operate, maintain, and rehabilitate fa4 cilities to conduct mitigation fishery activities, and 

5 include: personnel, transportation, utilities, contrac6 tual services, fish feed, supplies, equipment, routine 

7 maintenance, deferred maintenance, fish eggs, tech8 nical support, fish health, management and adminis9 tration, planning, and evaluation. 

10 (6) MITIGATION FISHERY FACILITY.—The term 

11 ‘‘mitigation fishery facility’’ means facilities owned 

12 and operated by the United States Fish and Wildlife 

13 Service through the National Fish Hatchery System 

14 for the purpose, either wholly or in part, of con15 ducting mitigation fishery activities. 

16 (7) FISHERY MITIGATION PLAN.—The term 

17 ‘‘fishery mitigation plan’’ refers to a resource man18 agement plan developed between the United States 

19 Fish and Wildlife Service and one or more sponsor 

20 agencies, and in cooperation and coordination with 

21 affected States and Indian Tribes, that describes the 

22 long-term goals and annual targets for conducting 

23 mitigation fishery activities. A fishery mitigation 

24 plan shall be approved in advance by a sponsor 

25 agency and the Service. 
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1 SEC. 5. MITIGATION FISHERY COSTS. 

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

3 1st thereafter, a sponsor agency shall pay to the Service 

4 the total amount of funds necessary to meet the mitigation 

5 fishery costs to meet objectives described in the fishery 

6 mitigation plan for a respective water development project. 

7 The funds to be obligated for this purpose shall be identi8 fied in advance by the Director of the United States Fish 

9 and Wildlife Service. 

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