[109th Congress Public Law 363]
[From the U.S. Government Printing Office]


[DOCID: f:publ363.109]

[[Page 2073]]

                  TYLERSVILLE FISH HATCHERY CONVEYANCE

[[Page 120 STAT. 2074]]

Public Law 109-363
109th Congress

                                 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. <<NOTE: Oct. 17, 
                         2006 -  [H.R. 4957]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

   TITLE I--TYLERSVILLE <<NOTE: Tylersville Fish Hatchery Conveyance 
Act.>> 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 <<NOTE: Deadline.>> 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

[[Page 120 STAT. 2075]]

under this subsection is in substantially the same or better condition 
as at the time of transfer to the State.

    TITLE II--NATIONAL <<NOTE: National Fish and Wildlife Foundation 
Reauthorization Act of 2006.>> FISH AND WILDLIFE FOUNDATION
SEC. 201. <<NOTE: 16 USC 3701 note.>> 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 <<NOTE: Neotropical Migratory Bird Conservation 
Improvement Act of 2006.>> MIGRATORY BIRD CONSERVATION IMPROVEMENT
SEC. 301. <<NOTE: 16 USC 6101 note.>> 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:

[[Page 120 STAT. 2076]]

            ``(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 <<NOTE: 16 USC 6106 
        note.>> 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:

[[Page 120 STAT. 2077]]

            ``(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 <<NOTE: 16 USC 6108 note.>> 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 <<NOTE: Ed Fountain Park Expansion Act.>> 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.

[[Page 120 STAT. 2078]]

    (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 <<NOTE: Cahaba River National Wildlife Refuge Expansion 
Act. 16 USC 668dd note.>> 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

[[Page 120 STAT. 2079]]

            (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 <<NOTE: Cherry Valley National Wildlife Refuge Study 
Act.>> 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.

[[Page 120 STAT. 2080]]

            (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 <<NOTE: Deadline.>> 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.).

[[Page 120 STAT. 2081]]

            (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:

[[Page 120 STAT. 2082]]

            ``(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''.

    Approved October 17, 2006.

LEGISLATIVE HISTORY--H.R. 4957:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 109-612 (Comm. on Resources).
SENATE REPORTS: No. 109-339 accompanying S. 3551 (Comm. on Environment 
and Public Works).
CONGRESSIONAL RECORD, Vol. 152 (2006):
            Sept. 20, considered and passed House.
            Sept. 29, considered and passed Senate.

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