I 
112TH CONGRESS 
2D SESSION 
H. R. 5931 
To ensure the continuation of successful fisheries mitigation programs, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 8, 2012 
Mr. CRAWFORD introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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 di-
version projects are for the benefit of the American 
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public. They provide inexpensive energy, flood con-
trol, 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 Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
the United States Fish and Wildlife Service has es-
tablished 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 hatch-
eries 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 
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projects has led to a myriad of mechanisms for fund-
ing and conducting Federal mitigation fishery activi-
ties. In most cases, Federal water project develop-
ment agencies fund mitigation fishery costs. In some 
cases, the Service expends its appropriations to off-
set 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 serv-
ices (or both) to compensate for the impact of Fed-
eral water development projects on aquatic re-
sources. 
(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 mitiga-
tion plan, when eliciting reimbursement from a 
power management agency for the ongoing cost of 
maintaining and operating that water development 
project. 
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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 Di-
rector and the head of the agency. 
(2) CONTENTS.—A fishery mitigation plan de-
veloped under this subsection shall— 
(A) describe the long-term goals and an-
nual targets under which the Service will con-
duct mitigation fishery activities in connection 
with projects carried out by a water develop-
ment agency; 
(B) establish charges to be imposed by the 
Service on the agency for conducting the miti-
gation 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 sec-
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tion shall be developed in cooperation and coordina-
tion 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 miti-
gation 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 associ-
ated 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 serv-
ice for which the payment is being made; 
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(B) be available to the Service for expendi-
ture 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 agen-
cy for the activities based on the terms and condi-
tions 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 reim-
bursements from a power management agency for the on-
going costs of maintaining and operating a Federal water 
resources development project, the water development 
agency may include, in those ongoing costs, the costs asso-
ciated with the project’s fishery mitigation activities. 
(f) DEFINITIONS.—In this section, the following defi-
nitions 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 
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