PUBLIC LAW 109–360—OCT. 16, 2006

NATIONAL FISH HATCHERY SYSTEM

VOLUNTEER ACT OF 2006

120 STAT. 2058 PUBLIC LAW 109–360—OCT. 16, 2006

Public Law 109–360

109th Congress

An Act

To enhance an existing volunteer program of the United States Fish and Wildlife

Service and promote community partnerships for the benefit of national fish

hatcheries and fisheries program offices.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘National Fish Hatchery System

Volunteer Act of 2006’’.

SEC. 2. FINDINGS AND PURPOSES.

(a) FINDINGS.—Congress finds the following:

(1) The National Fish Hatchery System (in this Act referred

to as the ‘‘System’’)—

(A) consists of more than 60 hatcheries, seven fish

technology centers, 9 fish health centers, and other fisheries

program offices;

(B) plays an integral role in the recovery of more

than 50 threatened species and endangered species and

the restoration of over 100 native species;

(C) provides healthy fish populations that support recreational fishing opportunities, many of which are related

to Federal water control structures; and

(D) works with over 250 partners to help mitigate

the impacts of aquatic habitat loss and invasive species.

(2) The System faces many challenges, including aging

facilities, some of which date back to the late 1800s, and maintenance of intensive infrastructures such as wells, pumps, valves,

pipes, filters, heaters, chillers, and treatment systems that

must keep clean water moving 24 hours a day, 365 days a

year.

(3) By encouraging volunteer programs and donations and

fostering non-Federal partnerships with hatchery facilities, Federal funding for the hatcheries can be supplemented.

(4) By encouraging hatchery educational programs, public

awareness of the resources of the System and public participation in the conservation of aquatic resources can be promoted.

(b) PURPOSES.—The purposes of this Act are the following:

(1) To encourage the use of volunteers to assist the United

States Fish and Wildlife Service in the management of hatcheries within the System.

(2) To facilitate partnerships between the System and nonFederal entities to promote public awareness of the resources

16 USC 760aa.

16 USC 760aa

note.

National Fish

Hatchery System

Volunteer Act of

2006.

Oct. 16, 2006

[H.R. 5381]

PUBLIC LAW 109–360—OCT. 16, 2006 120 STAT. 2059

of the System and public participation in the conservation

of those resources.

(3) To encourage donations and other contributions by

individuals and organizations to the System.

SEC. 3. GIFTS TO SYSTEM AND PARTICULAR NATIONAL FISH HATCHERIES.

(a) AUTHORIZATION OF GIFTS, DEVISES, AND BEQUESTS FOR

SYSTEM.—In furtherance of the purposes of this Act, the Secretary

of the Interior may accept any gifts, devises, or bequests of real

and personal property, or proceeds therefrom, or interests therein,

for the benefit of the National Fish Hatchery System. Such acceptance may be subject to the terms of any restrictive or affirmative

covenant, or condition of servitude, if such terms are deemed by

the Secretary to be in accordance with law and compatible with

the purpose for which acceptance is sought.

(b) USE OF GIFTS, DEVISES, AND BEQUESTS.—

(1) IN GENERAL.—Any gifts and bequests of money and

proceeds from the sales of other property received as gifts

or bequests pursuant to this subsection shall be deposited in

a separate account in the Treasury and may be expended

without further appropriation by the Secretary for the benefit

of the System programs administered by the United States

Fish and Wildlife Service.

(2) GIFTS, DEVISES, AND BEQUESTS FOR PARTICULAR FACILITIES.—

(A) DISBURSAL.—Any gift, devise, or bequest made for

the benefit of a facility of the System shall be disbursed

only for the benefit of that facility and without further

appropriations.

(B) MATCHING.—Subject to the availability of appropriations and the requirements of the Fish and Wildlife

Coordination Act (16 U.S.C. 661 et seq.) and other

applicable law, the Secretary may provide funds to match

gifts, devises, and bequests made for the benefit of a facility

of the System. With respect to each gift, devise, or bequest,

the amount of Federal funds may not exceed the amount

(or, in the case of property or in-kind services, the fair

market value) of the gift, devise, or bequest.

SEC. 4. VOLUNTEER ENHANCEMENT PILOT PROJECTS.

(a) IN GENERAL.—Subject to the availability of appropriations,

the Secretary of the Interior shall carry out a pilot project at

1 or more facilities of the System. Each pilot project shall provide

for a volunteer coordinator for the hatchery facility. The volunteer

coordinator shall be responsible for recruiting, training, and supervising volunteers. The volunteer coordinator may be responsible

for assisting partner organizations in developing projects and programs under cooperative agreements under section 7(d) of the Fish

and Wildlife Act of 1956 (16 U.S.C. 742f(d)) and coordinating volunteer activities with partner organizations to carry out the projects

and programs.

(b) REPORT.—Not later than 3 years after the date of the

enactment of this Act, the Secretary shall submit a report to the

Committee on Resources of the House of Representatives and the

Committee on Environment and Public Works of the Senate evaluating and making recommendations regarding the pilot projects.

16 USC 760aa–2.

16 USC 760aa–1.

120 STAT. 2060 PUBLIC LAW 109–360—OCT. 16, 2006

SEC. 5. COMMUNITY PARTNERSHIP ENHANCEMENT.

(a) PROJECTS AND PROGRAMS.—Subject to the requirements of

the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.)

and other applicable law, and such terms and conditions as the

Secretary of the Interior determines to be appropriate, the Secretary

may approve projects and programs for a facility of the System

that—

(1) promote the stewardship of resources of the hatchery

through habitat maintenance, restoration, and improvement,

biological monitoring, or research;

(2) support the operation and maintenance of the hatchery

through constructing, operating, maintaining, or improving the

facilities and services of the hatchery;

(3) increase the awareness and understanding of the

hatchery and the System, through the development, publication,

or distribution of educational materials and products;

(4) advance education concerning the purposes of the

hatchery and the mission of the System, through the use of

the hatchery as an outdoor classroom and development of other

educational programs; or

(5) contribute financial resources to the hatchery, under

the terms that require that the net revenues be used exclusively

for the benefit of the hatchery, through donation of net revenues

from the sale of educational materials and products and through

encouragement of gifts, devises, and bequests.

(b) TREASURY ACCOUNT.—Amounts received by the Secretary

of the Interior as a result of projects and programs under subsection

(a) shall be deposited in a separate account in the Treasury.

Amounts in the account that are attributable to activities at a

particular facility of the System shall be available to the Secretary

of the Interior, without further appropriation, to pay the costs

of incidental expenses related to volunteer activities, and to carry

out cooperative agreements for the hatchery facility.

SEC. 6. HATCHERY EDUCATION PROGRAM DEVELOPMENT.

(a) GUIDANCE.—Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall develop guidance

for the hatchery education programs to further the mission of

the System and the purposes of individual hatcheries through—

(1) providing outdoor classroom opportunities for students

on fish hatcheries that combine educational curricula with the

personal experiences of students relating to fish, aquatic species, and their habitat, and to the cultural and historical

resources of the hatcheries;

(2) promoting understanding and conservation of fish,

aquatic species, and the cultural and historical resources of

the hatcheries; and

(3) improving scientific literacy in conjunction with both

formal and nonformal education programs.

(b) HATCHERY PROGRAMS.—Based on the guidance developed

under subsection (a), the Secretary of the Interior may, with assistance from the Fish and Wildlife Management Assistance Program,

develop or enhance hatchery educational programs as appropriate,

based on the resources of individual hatcheries and the opportunities available for such programs in State, local, and private schools.

In developing and implementing each program, the Secretary should

cooperate with State and local education authorities, and may

Deadline.

16 USC 760aa–4.

16 USC 760aa–3.

PUBLIC LAW 109–360—OCT. 16, 2006 120 STAT. 2061

LEGISLATIVE HISTORY—H.R. 5381:

HOUSE REPORTS: No. 109–638 (Comm. on Resources).

CONGRESSIONAL RECORD, Vol. 152 (2006):

Sept. 12, considered and passed House.

Sept. 29, considered and passed Senate.

Æ

cooperate with partner organizations in accordance with subsection

(d).

Approved October 16, 2006.