HR 5931 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 5931CommentsClose CommentsPermalink

To ensure the continuation of successful fisheries mitigation programs, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

June 8, 2012CommentsClose CommentsPermalink

Mr. CRAWFORD 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 determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To ensure the continuation of successful fisheries mitigation programs, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘National Mitigation Fisheries Coordination Act’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds the following:CommentsClose CommentsPermalink





(1) The operation of dams and other water diversion projects are for the benefit of the American public. They provide inexpensive energy, flood control, 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.CommentsClose CommentsPermalink





(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 Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the United States Fish and Wildlife 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.CommentsClose CommentsPermalink





(3) The Service currently operates fish hatcheries that are involved in mitigation fishery activities related to construction and operation of Federal water resources development projects.CommentsClose CommentsPermalink





(4) Inconsistency in authorities to construct and operate Federal water resources development projects has led to a myriad of mechanisms for funding and conducting Federal mitigation fishery activities. In most cases, Federal water project development agencies fund mitigation fishery costs. In some cases, the Service expends its appropriations to offset or completely pay for mitigation fishery costs.CommentsClose CommentsPermalink





(5) The Service is the Federal agency through which a water development agency will negotiate to provide reimbursement funding or goods and services (or both) to compensate for the impact of Federal water development projects on aquatic resources.CommentsClose CommentsPermalink





(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 mitigation plan, when eliciting reimbursement from a power management agency for the ongoing cost of maintaining and operating that water development project.CommentsClose CommentsPermalink

SEC. 3. MITIGATION FISHERY ACTIVITIES.

(a) Imposition of Charges- The Director of the Service shall impose a charge for conducting mitigation fishery activities.CommentsClose CommentsPermalink





(b) Fishery Mitigation Plans-CommentsClose CommentsPermalink





(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 Director and the head of the agency.CommentsClose CommentsPermalink





(2) CONTENTS- A fishery mitigation plan developed under this subsection shall--CommentsClose CommentsPermalink





(A) describe the long-term goals and annual targets under which the Service will conduct mitigation fishery activities in connection with projects carried out by a water development agency;CommentsClose CommentsPermalink





(B) establish charges to be imposed by the Service on the agency for conducting the mitigation fishery activities; andCommentsClose CommentsPermalink





(C) include the terms under which the agency will make payments on the charges to the Service.CommentsClose CommentsPermalink





(3) PARTICIPATION OF STATES AND INDIAN TRIBES- A fishery mitigation plan under this section shall be developed in cooperation and coordination with affected States and Indian tribes.CommentsClose CommentsPermalink





(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 mitigation fishery costs covered by the plan.CommentsClose CommentsPermalink





(c) Amount of Charges- Charges imposed by the Service for conducting mitigation fishery activities shall be reasonably related to the mitigation fishery costs associated with the activities.CommentsClose CommentsPermalink





(d) Payment of Charges-CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(2) CREDITING OF PAYMENTS; AVAILABILITY OF AMOUNTS- Funds paid to the Service under this subsection shall--CommentsClose CommentsPermalink





(A) be credited to the appropriation of the Service initially charged for providing the service for which the payment is being made;CommentsClose CommentsPermalink





(B) be available to the Service for expenditure in amounts specified in appropriations Acts; andCommentsClose CommentsPermalink





(C) remain available until expended.CommentsClose CommentsPermalink





(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 agency for the activities based on the terms and conditions that applied with respect to the activities in the prior fiscal year.CommentsClose CommentsPermalink





(e) Services Provided to Power Management Agencies- If a water development agency collects reimbursements from a power management agency for the ongoing costs of maintaining and operating a Federal water resources development project, the water development agency may include, in those ongoing costs, the costs associated with the project’s fishery mitigation activities.CommentsClose CommentsPermalink





(f) Definitions- In this section, the following definitions apply:CommentsClose CommentsPermalink





(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 development project, and includes project planning, population assessment and evaluation, genetic monitoring, broodstock development, and fish health sampling.CommentsClose CommentsPermalink





(2) MITIGATION FISHERY COSTS- The term ‘mitigation fishery costs’ means the expenditures necessary to operate, maintain, and rehabilitate mitigation fishery facilities and to conduct mitigation fishery activities, and includes personnel, transportation, utilities, contractual services, fish feed, supplies, equipment, routine maintenance, deferred maintenance, fish eggs, technical support, fish health, management and administration, planning, and hatchery product evaluations.CommentsClose CommentsPermalink





(3) MITIGATION FISHERY FACILITY- The term ‘mitigation fishery facility’ means a facility described in subsection (g) that is owned and operated by the Service through the National Fish Hatchery System for the purpose, either wholly or substantially in part, of conducting mitigation fishery activities.CommentsClose CommentsPermalink





(4) SERVICE- The term ‘Service’ means the United States Fish and Wildlife Service.CommentsClose CommentsPermalink





(5) WATER DEVELOPMENT AGENCY- The term ‘water development agency’ means the Army Corps of Engineers, the Bureau of Reclamation, or the Tennessee Valley Authority.CommentsClose CommentsPermalink





(g) Listing of Mitigation Fishery Facilities- The mitigation fishery facilities referred to in subsection (f) are as follows:CommentsClose CommentsPermalink





(1) In Arkansas--CommentsClose CommentsPermalink





(A) Greers Ferry National Fish Hatchery; andCommentsClose CommentsPermalink





(B) Norfork National Fish Hatchery.CommentsClose CommentsPermalink





(2) In California--CommentsClose CommentsPermalink





(A) California-Nevada Fish Health Center; andCommentsClose CommentsPermalink





(B) Tehama-Colusa Fish Facility.CommentsClose CommentsPermalink





(3) In Colorado, Hotchkiss National Fish Hatchery.CommentsClose CommentsPermalink





(4) In Georgia--CommentsClose CommentsPermalink





(A) Chattahoochee Forest National Fish Hatchery; andCommentsClose CommentsPermalink





(B) Warm Springs Fish Health Center.CommentsClose CommentsPermalink





(5) In Kentucky, Wolf Creek National Fish Hatchery.CommentsClose CommentsPermalink





(6) In Missouri, Neosho National Fish Hatchery.CommentsClose CommentsPermalink





(7) In Montana--CommentsClose CommentsPermalink





(A) Ennis National Fish Hatchery;CommentsClose CommentsPermalink





(B) Bozeman Fish Health Center; andCommentsClose CommentsPermalink





(C) Creston National Fish Hatchery.CommentsClose CommentsPermalink





(8) In Nevada, Lahontan National Fish Hatchery.CommentsClose CommentsPermalink





(9) In North Dakota--CommentsClose CommentsPermalink





(A) Garrison Dam National Fish Hatchery; andCommentsClose CommentsPermalink





(B) Valley City National Fish Hatchery.CommentsClose CommentsPermalink





(10) In Pennsylvania, Lamar Fish Health Center.CommentsClose CommentsPermalink





(11) In South Dakota, Gavins Point National Fish Hatchery.CommentsClose CommentsPermalink





(12) In Tennessee--CommentsClose CommentsPermalink





(A) Dale Hollow National Fish Hatchery; andCommentsClose CommentsPermalink





(B) Erwin National Fish Hatchery.CommentsClose CommentsPermalink





(13) In Utah, Jones Hole National Fish Hatchery.CommentsClose CommentsPermalink





(14) In West Virginia, White Sulphur Springs National Fish Hatchery.CommentsClose CommentsPermalink





(15) In Wisconsin, LaCrosse Fish Health Center.CommentsClose CommentsPermalink





(16) In Wyoming--CommentsClose CommentsPermalink





(A) Jackson National Fish Hatchery; andCommentsClose CommentsPermalink





(B) Saratoga National Fish Hatchery.CommentsClose CommentsPermalink