§2283b Clarification of mitigation authority

Summary

The Secretary may improve fish habitat inside and downstream of a water project the Secretary built that includes a fish hatchery, but only if the Secretary was explicitly authorized to compensate for fish losses from the project and decides the measures are workable, consistent with the project and hatchery purposes, and in the public interest. A non‑Federal partner must pay 35 percent of the total cost, including land, easements, rights‑of‑way, dredged material disposal areas, and relocations. The non‑Federal partner must pay 100 percent of operation, maintenance, replacement, repair, and rehabilitation costs.