[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,

             TITLE I--TYLERSVILLE FISH HATCHERY CONVEYANCE

    SEC. 101. SHORT TITLE.
    This title may be cited as the ``Tylersville Fish Hatchery 
Conveyance Act''.
    SEC. 102. CONVEYANCE OF TYLERSVILLE NATIONAL FISH HATCHERY TO THE 
      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.

            TITLE II--NATIONAL FISH AND WILDLIFE FOUNDATION

    SEC. 201. SHORT TITLE.
    This title may be cited as the ``National Fish and Wildlife 
Foundation Reauthorization Act of 2006''.
    SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
    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''.
    SEC. 203. APPLICATION OF NOTICE REQUIREMENT LIMITED TO GRANTS MADE 
      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''.
    SEC. 204. CLARIFICATION OF AUTHORITY TO USE FEDERAL FUNDS TO MATCH 
      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''.

     TITLE III--NEOTROPICAL MIGRATORY BIRD CONSERVATION IMPROVEMENT

    SEC. 301. SHORT TITLE.
    This title may be cited as the ``Neotropical Migratory Bird 
Conservation Improvement Act of 2006''.
    SEC. 302. AMENDMENTS TO NEOTROPICAL MIGRATORY BIRD CONSERVATION 
      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.''.

                TITLE IV--ED FOUNTAIN PARK EXPANSION ACT

    SEC. 401. SHORT TITLE.
    This title may be cited as the ``Ed Fountain Park Expansion Act''.
    SEC. 402. DEFINITIONS.
    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.
    SEC. 403. CONVEYANCE OF UNITED STATES FISH AND WILDLIFE SERVICE 
      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.

        TITLE V--CAHABA RIVER NATIONAL WILDLIFE REFUGE EXPANSION

    SEC. 501. SHORT TITLE.
    This title may be cited as the ``Cahaba River National Wildlife 
Refuge Expansion Act''.
    SEC. 502. DEFINITIONS.
    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.
    SEC. 503. EXPANSION OF BOUNDARIES.
    (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.
    SEC. 504. ACQUISITION OF LAND AND WATER IN EXPANDED BOUNDARIES.
    (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.

            TITLE VI--CHERRY VALLEY NATIONAL WILDLIFE REFUGE

    SEC. 601. SHORT TITLE.
    This title may be cited as the ``Cherry Valley National Wildlife 
Refuge Study Act''.
    SEC. 602. FINDINGS.
    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.
    SEC. 603. STUDY OF REFUGE POTENTIAL AND FUTURE REFUGE LAND 
      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.
    SEC. 604. DEFINITIONS.
    In this title the term ``Secretary'' means the Secretary of the 
Interior acting through the Director of the United States Fish and 
Wildlife Service.

                   TITLE VII--GREAT APE CONSERVATION

    SEC. 701. GREAT APE CONSERVATION ASSISTANCE.
    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).''.
    SEC. 702. GREAT APE CONSERVATION FUND.
    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''.
    SEC. 703. AUTHORIZATION OF APPROPRIATIONS.
    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.