[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4957 Enrolled Bill (ENR)]
H.R.4957
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
To direct the Secretary of the Interior to convey the Tylersville
division of the Lamar National Fish Hatchery and Fish Technology Center
to the State of Pennsylvania, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

3df9af070ccfbd61e5f389c88ad725668807236f205a4db97211a19f797f8ba5

This title may be cited as the ``Tylersville Fish Hatchery
Conveyance Act''.

2dda2d0ef96ac67ad09d805b6b82aaca262ce9751ebf0204a337a5afc919307d

TITLE I

-TYLERSVILLE FISH HATCHERY CONVEYANCE

STATE OF PENNSYLVANIA.
(a) Conveyance Requirement.--Within 180 days after the date of the
enactment of this Act, the Secretary of the Interior shall convey to
the State of Pennsylvania without reimbursement all right, title, and
interest of the United States in and to the property described in
subsection (b) for use by the Pennsylvania Fish and Boat Commission as
part of the State of Pennsylvania fish culture program.
(b) Property Described.--The property referred to in subsection (a)
consists of--
(1) the Tylersville division of the Lamar National Fish
Hatchery and Fish Technology Center comprised of approximately 40
acres leased to the State of Pennsylvania Fish and Boat Commission,
located on 43 Hatchery Lane in Loganton, Pennsylvania, as described
in the 1984 Cooperative Agreement between the United States Fish
and Wildlife Service and the State of Pennsylvania;
(2) all improvements and related personal property under the
control of the Secretary that is located on that property,
including buildings, structures, equipment, and all easements and
leases relating to that property; and
(3) all water rights relating to that property.
(c) Reversionary Interest.--If any of the property conveyed to the
State of Pennsylvania under this section is used for any purpose other
than the use authorized under subsection (a), all right, title, and
interest in and to all property conveyed under this section shall
revert to the United States. The State of Pennsylvania shall ensure
that all property reverting to the United States under this subsection
is in substantially the same or better condition as at the time of
transfer to the State.

05b2922c407b43e0d6513a60ada9ac9d629095708455949591566f96d68c35bd

This title may be cited as the ``National Fish and Wildlife
Foundation Reauthorization Act of 2006''.

e734bdcefb5352b9279c3e323c1cf2d4c9946e048bacf078a5998ce5f0a049c8

TITLE II

-NATIONAL FISH AND WILDLIFE FOUNDATION

Section 10(a)(1) of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3709(a)(1)) is amended by striking
``fiscal years 2001 through 2005'' and inserting ``fiscal years 2006
through 2010''.

7320da00e2809a75b266e3a54590452bdac61ad01658cd73bc85154dddc38371

WITH FEDERAL FUNDS.
Section 4(i) of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3703(i)) is amended by striking ``grant of
funds'' and inserting ``grant of Federal funds in an amount greater
than $10,000''.

edf460193d0bf75b87593175a904707752392468c243ea10538630226f9bfbde

CONTRIBUTIONS MADE TO RECIPIENTS OF NATIONAL FISH AND WILDLIFE
FOUNDATION GRANTS.
Section 10(a)(3) of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3709(a)(3)) is amended by inserting ``, or
to a recipient of a grant provided by the Foundation,'' after ``made to
the Foundation''.

a1d89445e8b76d503da13df7e9b64532db031a153ca21f5391f491cc4b3e3a66

This title may be cited as the ``Neotropical Migratory Bird
Conservation Improvement Act of 2006''.

75c422692830e1f59eb5a27a22234343792c53832669bdb3e100f17e0e76939a

TITLE III

-NEOTROPICAL MIGRATORY BIRD CONSERVATION IMPROVEMENT

ACT.
(a) Findings.--Section 2(1) of the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6101(1)) is amended by inserting ``but
breed in Canada and the United States'' after ``the Caribbean''.
(b) Purposes.--Section 3(2) of such Act (16 U.S.C. 6102(2)) is
amended by inserting ``Canada,'' after ``United States,''.
(c) Definition of Caribbean.--Section 4 of such Act (16 U.S.C.
6103) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs (3)
and (5), respectively;
(2) by inserting after paragraph (1) the following:
``(2) Caribbean.--The term `Caribbean' includes Puerto Rico and
the United States Virgin Islands.''; and
(3) by inserting after paragraph (3), as so redesignated, the
following:
``(4) Fund.--The term `Fund' means the Neotropical Migratory
Bird Conservation Fund established by section 9(a).''.
(d) Authorization of Projects to Enhance Conservation in Canada.--
Section 5(c)(2) of such Act (16 U.S.C. 6104(c)(2)) is amended by
inserting ``Canada,'' after ``the United States,''.
(e) Cost Sharing.--Section 5(e)(2)(B) of such Act (16 U.S.C.
6104(e)(2)(B)) is amended to read as follows:
``(B) Form of payment.--
``(i) Projects in the united states and canada.--The
non-Federal share required to be paid for a project carried
out in the United States or Canada shall be paid in cash.
``(ii) Projects in latin america and the caribbean.--
The non-Federal share required to be paid for a project
carried out in Latin America or the Caribbean may be paid
in cash or in kind.''.
(f) Advisory Group.--
(1) Composition.--Section 7(b)(1) of such Act (16 U.S.C.
6106(b)(1)) is amended by adding at the end the following: ``The
advisory group as a whole shall have expertise in the methods and
procedures set forth in section 4(2) in each country and region of
the Western Hemisphere''.
(2) Encouragement to convene.--The Secretary of the Interior is
encouraged to convene an advisory group under section 7(b)(1) of
such Act by not later than 6 months after the effective date of
this Act. This paragraph shall not be considered to authorize delay
of the schedule previously established by the United States Fish
and Wildlife Service for the submission, judging, and awarding of
grants.
(g) Report.--Section 8 of such Act (16 U.S.C. 6107) is amended by
striking ``October 1, 2002,'' and inserting ``2 years after the date of
the enactment of the Neotropical Migratory Bird Conservation
Improvement Act of 2006''.
(h) Neotropical Migratory Bird Conservation Fund.--
(1) In general.--Section 9 of such Act (16 U.S.C. 6108) is
amended by striking so much as precedes subsection (c) and
inserting the following:
``SEC. 9. NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND.
``(a) Establishment.--There is established in the Treasury a
separate account, which shall be known as the `Neotropical Migratory
Bird Conservation Fund'. The Fund shall consist of amounts deposited
into the Fund by the Secretary of the Treasury under subsection (b).
``(b) Deposits Into the Fund.--The Secretary of the Treasury shall
deposit into the Fund--
``(1) all amounts received by the Secretary in the form of
donations under subsection (d); and
``(2) other amounts appropriated to the Fund.''.
(2) Administrative expenses.--Section 9(c)(2) of such Act (16
U.S.C. 6108(c)(2)) is amended by striking ``$80,000'' and inserting
``$100,000''.
(3) Conforming amendments.--Such Act is amended further as
follows:
(A) In section 4 (16 U.S.C. 6103), by striking paragraph
(1) and inserting the following:
``(1) Fund.--The term `Fund' means the Neotropical Migratory
Bird Conservation Fund established by section 9(a).''.
(B) In section 9(d) (16 U.S.C. 6108(d)), by striking
``Account'' and inserting ``Fund''.
(4) Transfer.--The Secretary of the Treasury may transfer to
the Neotropical Migratory Bird Conservation Fund amounts that were
in the Neotropical Migratory Bird Conservation Account immediately
before the enactment of this Act.
(i) Authorization of Appropriations.--Section 10 of such Act (16
U.S.C. 6109) is amended to read as follows:
(1) by inserting ``(a) In General.--'' before the first
sentence;
(2) by striking ``$5,000,000 for each of fiscal years 2001
through 2005'' and inserting ``for each of fiscal years 2006
through 2010 the amount specified for that fiscal year in
subsection (b)''; and
(3) by adding at the end the following:
``(b) Authorized Amount.--The amount referred to in subsection (a)
is--
``(1) $5,000,000 for each of fiscal years 2006 and 2007;
``(2) $5,500,000 for fiscal year 2008;
``(3) $6,000,000 for fiscal year 2009; and
``(4) $6,500,000 for fiscal year 2010.
``(c) Availability.--Amounts appropriated under this section may
remain available until expended.
``(d) Allocation.--Of amounts appropriated under this section for
each fiscal year, not less than 75 percent shall be expended for
projects carried out outside the United States.''.

21ff26f736870fcd2bbcfb0638629cdd11b5eb0e62d43f61b7579550c4ae8089

This title may be cited as the ``Ed Fountain Park Expansion Act''.

1807bf378e3dedbbb27bd7962b6b89389ff6cb3c6e45b94eb054bfd282a562df

TITLE IV

-ED FOUNTAIN PARK EXPANSION ACT

In this title:
(1) Administrative site.--The term ``administrative site''
means the parcel of real property identified as ``Lands to be
Conveyed to the City of Las Vegas; approximately, 7.89 acres'' on
the map entitled ``Ed Fountain Park Expansion'' and dated November
1, 2005.
(2) City.--The term ``City'' means the city of Las Vegas,
Nevada.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the United States Fish
and Wildlife Service.

274446315f7ed4e00faa33a8afbf97d18d1a9d456393c0b44cb5d124fb565e04

ADMINISTRATIVE SITE, LAS VEGAS, NEVADA.
(a) In General.--The Secretary shall convey to the City, without
consideration, all right, title, and interest of the United States in
and to the administrative site for use by the City--
(1) as a park; or
(2) for any other recreation or nonprofit-related purpose.
(b) Administrative Expenses.--As a condition of the conveyance
under subsection (a), the Secretary shall require that the City pay the
administrative costs of the conveyance, including survey costs and any
other costs associated with the conveyance.
(c) Reversionary Interest.--
(1) In general.--If the Secretary determines that the City is
not using the administrative site for a purpose described in
paragraph (1) or (2) of subsection (a), all right, title, and
interest of the City in and to the administrative site (including
any improvements to the administrative site) shall revert, at the
option of the Secretary, to the United States.
(2) Hearing.--Any determination of the Secretary with respect
to a reversion under paragraph (1) shall be made--
(A) on the record; and
(B) after an opportunity for a hearing.

6644668884879a02493496d96a3f01256c070b4d471a016c202a10b902856730

This title may be cited as the ``Cahaba River National Wildlife
Refuge Expansion Act''.

fb8263817af81a38874cba843b104660dd69db3550bc6b0e3d3b9815568fa973

TITLE V

-CAHABA RIVER NATIONAL WILDLIFE REFUGE EXPANSION

In this title:
(1) Refuge.--The term ``Refuge'' means the Cahaba River
National Wildlife Refuge and the lands and waters in such refuge in
Bibb County, Alabama, as established by the Cahaba River National
Wildlife Refuge Establishment Act (Public Law 106-331).
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.

d618525c19240acfad04dd6615a1236daef63218c6c1bbcc461e49f947a573fb

(a) Expansion.--The boundaries of the Refuge are expanded to
include land and water in Bibb County, Alabama, depicted as ``Proposed
National Wildlife Refuge Expansion Boundary'' on the map entitled
``Cahaba River NWR Expansion'' and dated March 14, 2006.
(b) Availability of Map.--The Secretary shall make the map referred
to in subsection (a) available for inspection in appropriate offices of
the United States Fish and Wildlife Service.

9ce21e10ce29975c509b429fa8b656728c89d988d56fb2bc1ebc8fe4d35c3527

(a) In General.--Subject to subsection (b), the Secretary may
acquire by donation, purchase with donated or appropriated funds, or
exchange the land and water, and interests in land and water (including
conservation easements), within the boundaries of the Refuge as
expanded by this title.
(b) Manner of Acquisition.--All acquisitions of land or waters
under this section shall be made in a voluntary manner and shall not be
the result of forced takings.
(c) Inclusion in Refuge; Administration.--Any land, water, or
interest acquired by the Secretary under this section--
(1) shall be part of the Refuge; and
(2) shall be administered by the Secretary in accordance with--
(A) the National Wildlife Refuge System Administration Act
of 1966 (16 U.S.C. 668dd et seq.);
(B) the Cahaba River National Wildlife Refuge Establishment
Act; and
(C) this Act.

8357bcb1f2e233f49487f7e7594aa47e0c90fe545eb69d08568ebdd88dc7fd32

This title may be cited as the ``Cherry Valley National Wildlife
Refuge Study Act''.

9ffe730dca5ea4f3aab746ff1b0873f5407dadc5362348829b82d7edbe12c95b

TITLE VI

-CHERRY VALLEY NATIONAL WILDLIFE REFUGE

The Congress finds the following:
(1) The scenic Cherry Valley area of Northeastern Pennsylvania
is blessed with more than 80 special-concern animal and plant
species and natural habitats.
(2) In a preliminary assessment of Cherry Valley, United States
Fish and Wildlife Service biologists ranked Cherry Valley very high
as a potential national wildlife refuge.
(3) Six species that are listed as endangered species or
threatened species under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) have been documented within or near Cherry
Valley: The bog turtle (possibly the most significant population of
the listed subspecies), the dwarf wedge mussel, the northeastern
bulrush, the small whorled pogonia, the bald eagle, and the Indiana
bat (a historic resident, with efforts under way to re-establish
favorable conditions).
(4) Cherry Valley provides habitat for at least 79 species of
national or regional concern, which either nest in Cherry Valley or
migrate through the area during critical times in their life cycle,
including--
(A) neo-tropical migratory birds such as the Cerulean
Warbler, the Worm-eating Warbler, and the Wood Thrush, all of
which nest in Cherry Valley;
(B) waterfowl such as the American Black Duck;
(C) several globally rare plants, such as the spreading
globeflower; and
(D) anadromous fish species.
(5) The Cherry Valley watershed encompasses a large segment of
the Kittatinny Ridge, an important migration route for birds of
prey throughout the Northeastern United States. Every migratory
raptor species in the Northeast is regularly observed along the
Kittatinny Ridge during the autumnal migration, including the bald
eagle, the golden eagle, and the broad-winged hawk.
(6) The Kittatinny Ridge also includes a long segment of the
Appalachian Trail, a nationally significant natural-cultural-
recreational feature.
(7) Many of the significant wildlife habitats found in the
Cherry Valley, especially the rare calcareous wetlands, have
disappeared from other localities in their range.
(8) Ongoing studies have documented the high water quality of
Cherry Creek.
(9) Public meetings over several years have demonstrated
strong, deep, and growing local support for a Cherry Valley
National Wildlife Refuge, as demonstrated by the following:
(A) Area landowners, business and community leaders, media,
and elected officials have consistently voiced their enthusiasm
for a Cherry Valley National Wildlife Refuge.
(B) Numerous local communities and public and private
conservation entities share complementary goals for protecting
Cherry Valley and are energetically conserving wildlife habitat
and farmland. Along with State land-management agencies and the
National Park Service, these local entities represent potential
strong partners for the United States Fish and Wildlife
Service, and view a Cherry Valley National Wildlife Refuge as a
complement to existing private, county, municipal, and State
efforts.
(C) A number of local landowners have already put their
land into conservation easements or other conservation
arrangements.
(D) A voter-approved Monroe County Open Space Fund and a
voter-approved Stroud Township municipal land conservation fund
have contributed to many of these projects.
(10) Two federally owned parcels of land are contiguous to the
area to be studied under this title as for acquisition and
inclusion in a future Cherry Valley National Wildlife Refuge: The
Delaware Water Gap National Recreation Area and a 700-acre segment
of the Appalachian Trail owned by the National Park Service.

c80f67db0da3924e266f5c3502521f919009be8023a672a625edaf228a187baf

ACQUISITION.
(a) Study.--The Secretary shall initiate within 30 days after the
date of the enactment of this Act a study to evaluate the fish and
wildlife habitat and aquatic and terrestrial communities located in
Northeastern Pennsylvania and identified on the map entitled,
``Proposed Cherry Valley National Wildlife Refuge--Authorization
Boundary'', dated February 24, 2005, for their potential acquisition by
the United States Fish and Wildlife Service through donation, exchange,
or willing seller purchase and subsequent inclusion in a future Cherry
Valley National Wildlife Refuge.
(b) Consultation.--The Secretary, while conducting the study
required under this section, shall consult appropriate State and local
officials, private conservation organizations, major landowners and
other interested persons, regarding the identification of eligible
lands, waters, and interests therein that are appropriate for
acquisition for a national wildlife refuge and the determination of
boundaries within which such acquisitions should be made.
(c) Components of Study.--As part of the study under this section
the Secretary shall do the following:
(1) Determine if the fish and wildlife habitat and aquatic and
terrestrial communities to be evaluated are suitable for inclusion
in the National Wildlife Refuge System and management under the
policies of the National Wildlife Refuge System Administration Act
of 1966 (16 U.S.C. 668dd et seq.).
(2) Assess the conservation benefits to be gained from the
establishment of a Cherry Valley National Wildlife Refuge
including--
(A) preservation and maintenance of diverse populations of
fish, wildlife, and plants, including species listed as
threatened species or endangered species;
(B) protection and enhancement of aquatic and wetland
habitats;
(C) opportunities for compatible wildlife-dependent
recreation, scientific research, and environmental education
and interpretation; and
(D) fulfillment of international obligations of the United
States with respect to fish, wildlife, and their habitats.
(3) Provide an opportunity for public participation and give
special consideration to views expressed by local public and
private entities regarding lands, waters, and interests therein for
potential future acquisition for refuge purposes.
(4) The total area of lands, water, and interests therein that
may be acquired shall not in the aggregate exceed 30,000 acres.
(d) Report.--The Secretary shall, within 12 months after date of
the enactment of this Act, complete the study required by this section
and submit a report containing the results thereof to the Committee on
Resources of the House of Representatives and the Committee on
Environment and Public Works of the Senate. The report shall include--
(1) a map that identifies and prioritizes specific lands,
waters, and interests therein for future acquisition, and that
delineates an acquisition boundary, for a potential Cherry Valley
National Wildlife Refuge;
(2) a cost estimate for the acquisition of all lands, waters,
and interests therein that are appropriate for refuge status; and
(3) an estimate of potentially available acquisition and
management funds from non-Federal sources.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $200,000 to carry out the study.

7b4bcd89abd13a8b2ca08e1b63a9efc970bac7ba0e0a5f1df05323d2ebce884d

In this title the term ``Secretary'' means the Secretary of the
Interior acting through the Director of the United States Fish and
Wildlife Service.

47fc2bbb10beffa3ec42cbe69050c4d22eab6d4d29fb1afc374658c7406460c9

Section 4 of the Great Ape Conservation Act of 2000 (16 U.S.C.
6303) is amended--
(1) in subsection (d)--
(A) in paragraph (4)(C), by striking ``or'' after the
semicolon at the end;
(B) in paragraph (5), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(6) address root causes of threats to great apes in range
states, including illegal bushmeat trade, diseases, lack of
regional or local capacity for conservation, and habitat loss due
to natural disasters.''; and
(2) in subsection (i)--
(A) by striking ``Every'' and inserting the following:
``(1) In general.--Every'';
(B) in paragraph (1) (as designated by subparagraph (A)),
by striking ``shall'' and inserting ``may''; and
(C) by adding at the end the following:
``(2) Applicability of faca.--The Federal Advisory Committee
Act (5 App. U.S.C.) shall not apply to a panel convened under
paragraph (1).''.

066d256c4988321386f91c27f145ba3c1649aa8d78aa821612b354570dee7384

TITLE VII

-GREAT APE CONSERVATION

Section 5(b)(2) of the Great Ape Conservation Act of 2000 (16
U.S.C. 6304(b)(2)) is amended--
(1) by striking ``expand'' and inserting ``expend''; and
(2) by striking ``$80,000'' and inserting ``$100,000''.

111b4c6cdaa38ddabdf5bd9b4b484f4dec7f8b506e53c4a58549c868176e5e72

Section 6 of the Great Ape Conservation Act of 2000 (16 U.S.C.
6305) is amended by striking ``fiscal years 2001 through 2005'' and
inserting ``fiscal years 2006 through 2010''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

258691e9a8aed5a4b6e1daeb2881acd7de563aafc3932c40dbaa145c7650728e

Ed Fountain Park Expansion Act

To direct the Secretary of the Interior to convey the Tylersville division of the Lamar National Fish Hatchery and Fish Technology Center to the State of Pennsylvania, and for other purposes.