I 
114TH CONGRESS 
1ST SESSION H. R. 2235 
To ensure the continuation of successful fisheries mitigation programs, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 5, 2015 
Mr. CRAWFORD (for himself, Mr. ROE of Tennessee, Mr. WOMACK, and Mr. 
COLLINS of Georgia) 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 de-
termined 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: 
VerDate Sep 11 2014 
06:25 May 13, 2015
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2235.IH
H2235
smartinez on DSK4TPTVN1PROD with BILLS
(1) The operation of dams and other water di-
version projects are for the benefit of the American 
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, habitats, 
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. 
VerDate Sep 11 2014 
06:25 May 13, 2015
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2235.IH
H2235
smartinez on DSK4TPTVN1PROD with BILLS
(4) Inconsistency in authorities to construct 
and operate Federal water resources development 
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 water development agency should bear 
the financial responsibility for mitigation fishery 
costs incurred by the Service. 
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-
VerDate Sep 11 2014 
06:25 May 13, 2015
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2235.IH
H2235
smartinez on DSK4TPTVN1PROD with BILLS
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-
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, 2015, 
VerDate Sep 11 2014 
06:25 May 13, 2015
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2235.IH
H2235
smartinez on DSK4TPTVN1PROD with BILLS