[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 537 Introduced in House (IH)]






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.

    Be it enacted by the Senate and House of Representatives 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 diversion 
        projects are for the benefit of the American public. The 
        construction and operation of these Federal 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 
        resources 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 
        Environmental Policy Act (42 U.S.C. 4321-4347), the Service 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 developments.
            (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 Federal mitigation fishery activities. In most 
        cases Federal water project sponsors fund mitigation fishery 
        costs. In some cases the Service expends its appropriations 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 compensate for the impact of Federal water 
        development projects on aquatic resources.
            (7) The sponsor agency should bear the financial 
        responsibility for mitigation fishery costs incurred 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 Tennessee Valley Authority.
            (2) Service.--The term ``Service'' means the United States 
        Fish and Wildlife Service.
            (3) Mitigation fisheries.--The term ``mitigation 
        fisheries'' means fisheries augmented by hatchery fish to 
        compensate for the impacts of Federal water development 
        projects on aquatic resources.
            (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 facilities to conduct mitigation 
        fishery activities, and include: personnel, transportation, 
        utilities, contractual services, fish feed, supplies, 
        equipment, routine maintenance, deferred maintenance, fish 
        eggs, technical support, fish health, management and 
        administration, 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 conducting mitigation fishery activities.
            (7) Fishery mitigation plan.--The term ``fishery mitigation 
        plan'' refers to a resource management 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 identified in advance by the Director of the United States Fish and 
Wildlife Service.
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