33 U.S.C. § 2283b — Clarification of mitigation authority

The Secretary may carry out measures to improve fish species habitat within the boundaries and downstream of a water resources project constructed by the Secretary that includes a fish hatchery if the Secretary— (1) has been explicitly authorized to compensate for fish losses associated with the project; and (2) determines that the measures are— (A) feasible; (B) consistent with authorized project purposes and the fish hatchery; and (C) in the public interest. Subject to paragraph (2), the non-Federal interest shall contribute 35 percent of the total cost of carrying out activities under this section, including the costs relating to the provision or acquisition of required land, easements, rights-of-way, dredged material disposal areas, and relocations. The non-Federal interest shall contribute 100 percent of the costs of operation, maintenance, replacement, repair, and rehabilitation of the measures carried out under this section.