IB 

Union Calendar No. 378 

109TH CONGRESS 

2D SESSION H. R. 5381 

[Report No. 109–638] 

To establish a volunteer program and promote community partnerships for 

the benefit of national fish hatcheries and fisheries program offices. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 11, 2006 

Mr. SAXTON (for himself and Mr. KIND) introduced the following bill; which 

was referred to the Committee on Resources 

SEPTEMBER 6, 2006 

Additional sponsors: Mr. WHITFIELD, Mr. ROGERS of Kentucky, and Mr. 

NEAL of Massachusetts 

SEPTEMBER 6, 2006 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

A BILL 

To establish a volunteer program and promote community 

partnerships for the benefit of national fish hatcheries 

and fisheries program offices. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘National Fish Hatch3 ery System Volunteer Act of 2006’’. 

4 SEC. 2. FINDINGS AND PURPOSES. 

5 (a) FINDINGS.—Congress finds the following: 

6 (1) The National Fish Hatchery System (in this 

7 Act referred to as the ‘‘System’’)— 

8 (A) consists of more than 60 hatcheries, 

9 seven fish technology centers, 9 fish health cen10 ters, and other fisheries program offices; 

11 (B) plays an integral role in the recovery 

12 of more than 50 threatened species and endan13 gered species and the restoration of over 100 

14 native species; 

15 (C) provides healthy fish populations that 

16 support recreational fishing opportunities, many 

17 of which are related to Federal water control 

18 structures; and 

19 (D) works with over 250 partners to help 

20 mitigate the impacts of aquatic habitat loss and 

21 invasive species. 

22 (2) The System faces many challenges, includ23 ing aging facilities, some of which date back to the 

24 late 1800s, and maintenance of intensive infrastruc25 tures such as wells, pumps, valves, pipes, filters, 

26 heaters, chillers, and treatment systems that must 


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

2 a year. 

3 (3) By encouraging volunteer programs and do4 nations and fostering non-Federal partnerships with 

5 hatchery facilities, Federal funding for the hatch6 eries can be supplemented. 

7 (4) By encouraging hatchery educational pro8 grams, public awareness of the resources of the Sys9 tem and public participation in the conservation of 

10 aquatic resources can be promoted. 

11 (b) PURPOSES.—The purposes of this Act are the fol12 lowing: 

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

14 the United States Fish and Wildlife Service in the 

15 management of hatcheries within the System. 

16 (2) To facilitate partnerships between the Sys17 tem and non-Federal entities to promote public 

18 awareness of the resources of the System and public 

19 participation in the conservation of those resources. 

20 (3) To encourage donations and other contribu21 tions by individuals and organizations to the System. 

22 SEC. 3. GIFTS TO SYSTEM AND PARTICULAR NATIONAL 

23 FISH HATCHERIES. 

24 (a) AUTHORIZATION OF GIFTS, DEVISES, AND BE25 QUESTS FOR SYSTEM.—In furtherance of the purposes of 


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1 this Act, the Secretary of the Interior may accept any 

2 gifts, devises, or bequests of real and personal property, 

3 or proceeds therefrom, or interests therein, for the benefit 

4 of the National Fish Hatchery System. Such acceptance 

5 may be subject to the terms of any restrictive or affirma6 tive covenant, or condition of servitude, if such terms are 

7 deemed by the Secretary to be in accordance with law and 

8 compatible with the purpose for which acceptance is 

9 sought. 

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

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

12 money and proceeds from the sales of other property 

13 received as gifts or bequests pursuant to this sub14 section shall be deposited in a separate account in 

15 the Treasury and may be expended without further 

16 appropriation by the Secretary for the benefit of the 

17 System programs administered by the United States 

18 Fish and Wildlife Service. 

19 (2) GIFTS, DEVISES, AND BEQUESTS FOR PAR20 TICULAR FACILITIES.— 

21 (A) DISBURSAL.—Any gift, devise, or be22 quest made for the benefit of a facility of the 

23 System shall be disbursed only for the benefit 

24 of that facility and without further appropria25 tions. 


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1 (B) MATCHING.—Subject to the avail2 ability of appropriations and the requirements 

3 of the Fish and Wildlife Coordination Act (16 

4 U.S.C 661 et seq.) and other applicable law, the 

5 Secretary may provide funds to match gifts, de6 vises, and bequests made for the benefit of a fa7 cility of the System. With respect to each gift, 

8 devise, or bequest, the amount of Federal funds 

9 may not exceed the amount (or, in the case of 

10 property or in-kind services, the fair market 

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

12 SEC. 4. VOLUNTEER ENHANCEMENT PILOT PROJECTS. 

13 (a) IN GENERAL.—Subject to the availability of ap14 propriations, the Secretary of the Interior shall carry out 

15 a pilot project at 1 or more facilities of the System. Each 

16 pilot project shall provide for a volunteer coordinator for 

17 the hatchery facility. The volunteer coordinator shall be 

18 responsible for recruiting, training, and supervising volun19 teers. The volunteer coordinator may be responsible for 

20 assisting partner organizations in developing projects and 

21 programs under cooperative agreements under section 

22 7(d) of the Fish and Wildlife Act of 1956 (16 U.S.C. 

23 742f(d)) and coordinating volunteer activities with partner 

24 organizations to carry out the projects and programs. 


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

2 of the enactment of this Act, the Secretary shall a report 

3 to the Committee on Resources of the House of Represent4 atives and the Committee on Environment and Public 

5 Works of the Senate evaluating and making recommenda6 tions regarding the pilot projects. 

7 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to carry out this section 

9 $150,000 for each of fiscal years 2007 through 2011. 

10 SEC. 5. COMMUNITY PARTNERSHIP ENHANCEMENT. 

11 (a) PROJECTS AND PROGRAMS.—Subject to the re12 quirements of the Fish and Wildlife Coordination Act (16 

13 U.S.C. 661 et seq.) and other applicable law, and such 

14 terms and conditions as the Secretary of the Interior de15 termines to be appropriate, the Secretary may approve 

16 projects and programs for a facility of the System that— 

17 (1) promote the stewardship of resources of the 

18 hatchery through habitat maintenance, restoration, 

19 and improvement, biological monitoring, or research; 

20 (2) support the operation and maintenance of 

21 the hatchery through constructing, operating, main22 taining, or improving the facilities and services of 

23 the hatchery; 

24 (3) increase the awareness and understanding 

25 of the hatchery and the System, through the develVerDate Aug 31 2005 03:49 Sep 07, 2006 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5381.RH H5381

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1 opment, publication, or distribution of educational 

2 materials and products; 

3 (4) advance education concerning the purposes 

4 of the hatchery and the mission of the System, 

5 through the use of the hatchery as an outdoor class6 room and development of other educational pro7 grams; or 

8 (5) contribute financial resources to the hatch9 ery, under the terms that require that the net reve10 nues be used exclusively for the benefit of the hatch11 ery, through donation of net revenues from the sale 

12 of educational materials and products and through 

13 encouragement of gifts, devises, and bequests. 

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

15 Secretary of the Interior as a result of projects and pro16 grams under subsection (a) shall be deposited in a sepa17 rate account in the Treasury. Amounts in the account that 

18 are attributable to activities at a particular facility of the 

19 System shall be available to the Secretary of the Interior, 

20 without further appropriation, to pay the costs of inci21 dental expenses related to volunteer activities, and to carry 

22 out cooperative agreements for the hatchery facility. 

23 SEC. 6. HATCHERY EDUCATION PROGRAM DEVELOPMENT. 

24 (a) GUIDANCE.—Not later than 1 year after the date 

25 of enactment of this Act, the Secretary of the Interior 


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1 shall develop guidance for the hatchery education pro2 grams to further the mission of the System and the pur3 poses of individual hatcheries through— 

4 (1) providing outdoor classroom opportunities 

5 for students on fish hatcheries that combine edu6 cational curricula with the personal experiences of 

7 students relating to fish, aquatic species, and their 

8 habitat, and to the cultural and historical resources 

9 of the hatcheries; 

10 (2) promoting understanding and conservation 

11 of fish, aquatic species, and the cultural and histor12 ical resources of the hatcheries; and 

13 (3) improving scientific literacy in conjunction 

14 with both formal and nonformal education programs. 

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

16 developed under subsection (a), the Secretary of the Inte17 rior may, with assistance from the Fish and Wildlife Man18 agement Assistance Program, develop or enhance hatchery 

19 educational programs as appropriate, based on the re20 sources of individual hatcheries and the opportunities 

21 available for such programs in State, local, and private 

22 schools. In developing and implementing each program, 

23 the Secretary should cooperate with State and local edu24 cation authorities, and may cooperate with partner organi25 zations in accordance with subsection (d). 


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1 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated to the Sec3 retary of the Interior to carry out this Act $200,000 for 

4 each of fiscal years 2007 through 2010. 


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Union Calendar No. 378 

109TH CONGRESS 

2D SESSION H. R. 5381 

[Report No. 109

–638] 

A BILL 

To establish a volunteer program and promote comfish hatcheries and fisheries program offices. munity partnerships for the benefit of national 

SEPTEMBER 6, 2006 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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