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 fol-
lowing bill; which was referred to the Committee on Transportation and 
Infrastructure, and in addition to the Committee on Resources, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To ensure the continuation of successful fisheries mitigation 
programs.
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 Fisheries 
Mitigation 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
public. The construction and operation of these Fed-
eral water resource 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 re-
sources affected by these projects. 
(2) In accordance with the Fish and Wildlife 
Act of 1956 (16 U.S.C. 742(a)–754), the Fish and 
Wildlife Coordination Act (16 U.S.C. 661–667(e)), 
the Watershed Protection and Flood Prevention Act 
(16 U.S.C. 1001–1009), and the National Environ-
mental Policy Act (42 U.S.C. 4321–4347), the Serv-
ice 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 de-
velopments. 
(3) The United States Fish and Wildlife Service 
currently operates nearly 40 fish hatcheries that are 
involved in mitigation fishery activities related to 
construction and operation of Federal water resource 
development projects. 
(4) Mitigation fishery activities conducted by 
the Service at these facilities are highly valued by 
the State and Indian tribal partners, and the fishing 
community.
(5) Inconsistency in authorities, which now 
number over 200, to construct and operate Federal 
water resource development projects have led to 
myriad mechanisms for funding and conducting Fed-
eral mitigation fishery activities. In most cases Fed-
eral water project sponsors fund mitigation fishery 
costs. In some cases the Service expends its appro-
priations to offset mitigation fishery costs. 
(6) The Service is the Federal agency through 
which a sponsor agency will negotiate to provide 
goods and services to augment fisheries to com-
pensate for the impact of Federal water development 
projects on aquatic resources. 
(7) The sponsor agency should bear the finan-
cial responsibility for mitigation fishery costs in-
curred by the Service. 
SEC. 3. DEFINITIONS. 
For this Act, the following definitions apply: 
(1) SPONSOR
AGENCY.—The term ‘‘sponsor 
agency’’ means the United States Army Corps of 
Engineers, the Bureau of Reclamation, or the Ten-
nessee Valley Authority. 
(2) SERVICE.—The term ‘‘Service’’ means the 
United States Fish and Wildlife Service.
(3) MITIGATION FISHERIES.—The term ‘‘miti-
gation fisheries’’ means fisheries augmented by 
hatchery fish to compensate for the impacts of Fed-
eral water development projects on aquatic re-
sources. 
(4) MITIGATION
FISHERY
ACTIVITIES.—The 
term ‘‘mitigation fishery activities’’ means rearing 
and stocking of native and nonnative fish to replace 
or maintain harvest levels lost as a result of Federal 
water resource development projects and includes 
project planning and evaluation. 
(5) MITIGATION
FISHERY
COSTS.—The term 
‘‘mitigation fishery costs’’ means the expenditures 
necessary to operate, maintain, and rehabilitate fa-
cilities to conduct mitigation fishery activities, and 
include: personnel, transportation, utilities, contrac-
tual services, fish feed, supplies, equipment, routine 
maintenance, deferred maintenance, fish eggs, tech-
nical support, fish health, management and adminis-
tration, planning, and evaluation. 
(6) MITIGATION FISHERY FACILITY.—The term 
‘‘mitigation fishery facility’’ means facilities owned 
and operated by the United States Fish and Wildlife 
Service through the National Fish Hatchery System
for the purpose, either wholly or in part, of con-
ducting mitigation fishery activities. 
(7) FISHERY
MITIGATION
PLAN.—The term 
‘‘fishery mitigation plan’’ refers to a resource man-
agement plan developed between the United States 
Fish and Wildlife Service and one or more sponsor 
agencies, and in cooperation and coordination with 
affected States and Indian Tribes, that describes the 
long-term goals and annual targets for conducting 
mitigation fishery activities. A fishery mitigation 
plan shall be approved in advance by a sponsor 
agency and the Service. 
SEC. 4. MITIGATION FISHERY COSTS. 
Not later than October 1, 2007, and each October 
1st thereafter, a sponsor agency shall pay to the Service 
the total amount of funds necessary to meet the mitigation 
fishery costs to meet objectives described in the fishery 
mitigation plan for a respective water development project. 
The funds to be obligated for this purpose shall be identi-
fied in advance by the Director of the United States Fish 
and Wildlife Service.
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