H. R. 4957

One Hundred Ninth Congress

of the

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and six 

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 
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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: 
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‘‘(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: 
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‘‘(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. 
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(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 
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(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. 
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(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.). 
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(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: 
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‘‘(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’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.