H. R. 5381

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 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 
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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 FACILI- TIES.— (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. 
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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 
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cooperate with partner organizations in accordance with subsection 

(d).

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.