§2283b Clarification of Mitigation Authority

Summary

The Secretary can carry out work to improve fish habitat at and downstream of a water project that includes a fish hatchery, but only if Congress specifically authorized compensation for fish losses from the project and the Secretary finds the work feasible, consistent with the project's and hatchery’s purposes, and in the public interest. A non-Federal partner must pay 35 percent of the total cost, including costs to provide or buy land, easements, rights-of-way, dredged material disposal sites, and relocations. The non-Federal partner must pay 100 percent of the costs to operate, maintain, replace, repair, and rehabilitate the habitat measures.