[United States Statutes at Large, Volume 120, 109th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]

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 2075]]
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 2076]]
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 2077]]
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 2078]]
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 2079]]
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 2080]]
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 2081]]
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 2082]]
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 (S. 3551):
---------------------------------------------------------------------------

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.