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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4957 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 629
109th CONGRESS
  2d Session
                                H. R. 4957

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 21, 2006

            Received; read twice and placed on the calendar

_______________________________________________________________________

                                 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''.

            Passed the House of Representatives September 20, 2006.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
                                                       Calendar No. 629

109th CONGRESS

  2d Session

                               H. R. 4957

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 21, 2006

            Received; read twice and placed on the calendar
```