PUBLIC LAW 109–363—OCT. 17, 2006

TYLERSVILLE FISH HATCHERY CONVEYANCE

120 STAT. 2074 PUBLIC LAW 109–363—OCT. 17, 2006

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.

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

Deadline.

Tylersville Fish

Hatchery

Conveyance Act.

Oct. 17, 2006

[H.R. 4957]

PUBLIC LAW 109–363—OCT. 17, 2006 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 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:

16 USC 6101

note.

Neotropical

Migratory Bird

Conservation

Improvement Act

of 2006.

16 USC 3701

note.

National Fish

and Wildlife

Foundation

Reauthorization

Act of 2006.

120 STAT. 2076 PUBLIC LAW 109–363—OCT. 17, 2006

‘‘(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:

16 USC 6106

note.

PUBLIC LAW 109–363—OCT. 17, 2006 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 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.

Ed Fountain

Park Expansion

Act.

16 USC 6108

note.

120 STAT. 2078 PUBLIC LAW 109–363—OCT. 17, 2006

(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

Cahaba River

National Wildlife

Refuge

Expansion Act.

16 USC 668dd

note.

PUBLIC LAW 109–363—OCT. 17, 2006 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 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.

Cherry Valley

National Wildlife

Refuge Study

Act.

120 STAT. 2080 PUBLIC LAW 109–363—OCT. 17, 2006

(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 landmanagement 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.).

Deadline.

PUBLIC LAW 109–363—OCT. 17, 2006 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:

120 STAT. 2082 PUBLIC LAW 109–363—OCT. 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.

Æ

‘‘(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.