National Mitigation Fisheries Coordination Act - Directs the U.S. Fish and Wildlife Service (USFWS) to impose a charge for conducting mitigation fishery activities in connection with federal water resources development projects carried out by water development agencies (Army Corps of Engineers, the Bureau of Reclamation, or the Tennessee Valley Authority [TVA]). Requires such agencies to pay the charge in accordance with a fishery mitigation plan developed and approved by the USFWS Director and the agency head.
Defines "mitigation fishery activities" as rearing and stocking of native and nonnative fish to replace or maintain fishery resources or harvest levels lost as a result of such a project, including project planning, population assessment and evaluation, genetic monitoring, broodstock development, and fish health sampling.
Requires USFWS's charges to be reasonably related to expenditures necessary to: (1) operate, maintain, and rehabilitate certain USFWS-owned and -operated mitigation fishery facilities, hatcheries, and health centers; and (2) conduct mitigation fishery activities, including expenditures for 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.
Permits a water development agency, if it collects reimbursements from a power management agency for the ongoing costs of maintaining and operating a federal water resources development project, to include the costs associated with the project's fishery mitigation activities.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5931 Introduced in House (IH)]
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
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 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 Representatives 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 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.
(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.
(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.
(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.
(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.
(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.
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 Director and the head of the agency.
(2) Contents.--A fishery mitigation plan developed under
this subsection shall--
(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;
(B) establish charges to be imposed by the Service
on the agency for conducting the mitigation 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 section shall be developed in
cooperation and coordination 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 mitigation 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 associated 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 service for which
the payment is being made;
(B) be available to the Service for expenditure 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 agency for the activities based on the terms and
conditions 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 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.
(f) Definitions.--In this section, the following definitions 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 development project, and includes project planning,
population assessment and evaluation, genetic monitoring,
broodstock development, and fish health sampling.
(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.
(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.
(4) Service.--The term ``Service'' means the United States
Fish and Wildlife Service.
(5) Water development agency.--The term ``water development
agency'' means the Army Corps of Engineers, the Bureau of
Reclamation, or the Tennessee Valley Authority.
(g) Listing of Mitigation Fishery Facilities.--The mitigation
fishery facilities referred to in subsection (f) are as follows:
(1) In Arkansas--
(A) Greers Ferry National Fish Hatchery; and
(B) Norfork National Fish Hatchery.
(2) In California--
(A) California-Nevada Fish Health Center; and
(B) Tehama-Colusa Fish Facility.
(3) In Colorado, Hotchkiss National Fish Hatchery.
(4) In Georgia--
(A) Chattahoochee Forest National Fish Hatchery;
and
(B) Warm Springs Fish Health Center.
(5) In Kentucky, Wolf Creek National Fish Hatchery.
(6) In Missouri, Neosho National Fish Hatchery.
(7) In Montana--
(A) Ennis National Fish Hatchery;
(B) Bozeman Fish Health Center; and
(C) Creston National Fish Hatchery.
(8) In Nevada, Lahontan National Fish Hatchery.
(9) In North Dakota--
(A) Garrison Dam National Fish Hatchery; and
(B) Valley City National Fish Hatchery.
(10) In Pennsylvania, Lamar Fish Health Center.
(11) In South Dakota, Gavins Point National Fish Hatchery.
(12) In Tennessee--
(A) Dale Hollow National Fish Hatchery; and
(B) Erwin National Fish Hatchery.
(13) In Utah, Jones Hole National Fish Hatchery.
(14) In West Virginia, White Sulphur Springs National Fish
Hatchery.
(15) In Wisconsin, LaCrosse Fish Health Center.
(16) In Wyoming--
(A) Jackson National Fish Hatchery; and
(B) Saratoga National Fish Hatchery.
<all>
Introduced in House
Introduced in House
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 concerned.
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 concerned.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs.
Referred to the Subcommittee on Water and Power.
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