I 

109TH CONGRESS 

2D SESSION H. R. 5381 

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 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Fish Hatch5 ery System Volunteer Act of 2006’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

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

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

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


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1 (A) consists of more than 60 hatcheries, 

2 seven fish technology centers, 9 fish health cen3 ters, and other fisheries program offices; 

4 (B) plays an integral role in the recovery 

5 of more than 50 threatened species and endan6 gered species and the restoration of over 100 

7 native species; 

8 (C) provides healthy fish populations that 

9 support recreational fishing opportunities, many 

10 of which are related to Federal water control 

11 structures; and 

12 (D) works with over 250 partners to help 

13 mitigate the impacts of aquatic habitat loss and 

14 invasive species. 

15 (2) The System faces many challenges, includ16 ing aging facilities, some of which date back to the 

17 late 1800s, and maintenance of intensive infrastruc18 tures such as wells, pumps, valves, pipes, filters, 

19 heaters, chillers, and treatment systems that must 

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

21 a year. 

22 (3) By encouraging volunteer programs and do23 nations and fostering non-Federal partnerships with 

24 hatchery facilities, Federal funding for the hatch25 eries can be supplemented. 


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1 (4) By encouraging hatchery educational pro2 grams, public awareness of the resources of the Sys3 tem and public participation in the conservation of 

4 aquatic resources can be promoted. 

5 (b) PURPOSES.—The purposes of this Act are the fol6 lowing: 

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

8 the United States Fish and Wildlife Service in the 

9 management of hatcheries within the System. 

10 (2) To facilitate partnerships between the Sys11 tem and non-Federal entities to promote public 

12 awareness of the resources of the System and public 

13 participation in the conservation of those resources. 

14 (3) To encourage donations and other contribu15 tions by individuals and organizations to the System. 

16 SEC. 3. GIFTS TO SYSTEM AND PARTICULAR NATIONAL 

17 FISH HATCHERIES. 

18 (a) AUTHORIZATION OF GIFTS, DEVISES, AND BE19 QUESTS FOR SYSTEM.—In furtherance of the purposes of 

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

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

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

23 of the National Fish Hatchery System. Such acceptance 

24 may be subject to the terms of any restrictive or affirma25 tive covenant, or condition of servitude, if such terms are 


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

2 compatible with the purpose for which acceptance is 

3 sought. 

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

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

6 money and proceeds from the sales of other property 

7 received as gifts or bequests pursuant to this sub8 section shall be deposited in a separate account in 

9 the Treasury and may be expended without further 

10 appropriation by the Secretary for the benefit of the 

11 System programs administered by the United States 

12 Fish and Wildlife Service. 

13 (2) GIFTS, DEVISES, AND BEQUESTS FOR PAR14 TICULAR FACILITIES.— 

15 (A) DISBURSAL.—Any gift, devise, or be16 quest made for the benefit of a facility of the 

17 System shall be disbursed only for the benefit 

18 of that facility and without further appropria19 tions. 

20 (B) MATCHING.—Subject to the avail21 ability of appropriations and the requirements 

22 of the Fish and Wildlife Coordination Act (16 

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

24 Secretary may provide funds to match gifts, de25 vises, and bequests made for the benefit of a faVerDate Aug 31 2005 00:24 May 14, 2006 Jkt 049196 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5381.IH H5381

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1 cility of the System. With respect to each gift, 

2 devise, or bequest, the amount of Federal funds 

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

4 property or in-kind services, the fair market 

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

6 SEC. 4. VOLUNTEER ENHANCEMENT PILOT PROJECTS. 

7 (a) IN GENERAL.—Subject to the availability of ap8 propriations, the Secretary of the Interior shall carry out 

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

10 pilot project shall provide for a volunteer coordinator for 

11 the hatchery facility. The volunteer coordinator shall be 

12 responsible for recruiting, training, and supervising volun13 teers. The volunteer coordinator may be responsible for 

14 assisting partner organizations in developing projects and 

15 programs under cooperative agreements under section 

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

17 742f(d)) and coordinating volunteer activities with partner 

18 organizations to carry out the projects and programs. 

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

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

21 to the Committee on Resources of the House of Represent22 atives and the Committee on Environment and Public 

23 Works of the Senate evaluating and making recommenda24 tions regarding the pilot projects. 


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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $150,000 for each of fiscal years 2007 through 2011. 

4 SEC. 5. COMMUNITY PARTNERSHIP ENHANCEMENT. 

5 (a) PROJECTS AND PROGRAMS.—Subject to the re6 quirements of the Fish and Wildlife Coordination Act (16 

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

8 terms and conditions as the Secretary of the Interior de9 termines to be appropriate, the Secretary may approve 

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

11 (1) promote the stewardship of resources of the 

12 hatchery through habitat maintenance, restoration, 

13 and improvement, biological monitoring, or research; 

14 (2) support the operation and maintenance of 

15 the hatchery through constructing, operating, main16 taining, or improving the facilities and services of 

17 the hatchery; 

18 (3) increase the awareness and understanding 

19 of the hatchery and the System, through the devel20 opment, publication, or distribution of educational 

21 materials and products; 

22 (4) advance education concerning the purposes 

23 of the hatchery and the mission of the System, 

24 through the use of the hatchery as an outdoor classVerDate Aug 31 2005 06:05 May 14, 2006 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5381.IH H5381

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1 room and development of other educational pro2 grams; or 

3 (5) contribute financial resources to the hatch4 ery, under the terms that require that the net reve5 nues be used exclusively for the benefit of the hatch6 ery, through donation of net revenues from the sale 

7 of educational materials and products and through 

8 encouragement of gifts, devises, and bequests. 

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

10 Secretary of the Interior as a result of projects and pro11 grams under subsection (a) shall be deposited in a sepa12 rate account in the Treasury. Amounts in the account that 

13 are attributable to activities at a particular facility of the 

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

15 without further appropriation, to pay the costs of inci16 dental expenses related to volunteer activities, and to carry 

17 out cooperative agreements for the hatchery facility. 

18 SEC. 6. HATCHERY EDUCATION PROGRAM DEVELOPMENT. 

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

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

21 shall develop guidance for the hatchery education pro22 grams to further the mission of the System and the pur23 poses of individual hatcheries through— 

24 (1) providing outdoor classroom opportunities 

25 for students on fish hatcheries that combine eduVerDate Aug 31 2005 00:24 May 14, 2006 Jkt 049196 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5381.IH H5381

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1 cational curricula with the personal experiences of 

2 students relating to fish, aquatic species, and their 

3 habitat, and to the cultural and historical resources 

4 of the hatcheries; 

5 (2) promoting understanding and conservation 

6 of fish, aquatic species, and the cultural and histor7 ical resources of the hatcheries; and 

8 (3) improving scientific literacy in conjunction 

9 with both formal and nonformal education programs. 

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

11 developed under subsection (a), the Secretary of the Inte12 rior may, with assistance from the Fish and Wildlife Man13 agement Assistance Program, develop or enhance hatchery 

14 educational programs as appropriate, based on the re15 sources of individual hatcheries and the opportunities 

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

17 schools. In developing and implementing each program, 

18 the Secretary should cooperate with State and local edu19 cation authorities, and may cooperate with partner organi20 zations in accordance with subsection (d). 

21 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

22 There is authorized to be appropriated to the Sec23 retary of the Interior to carry out this Act $200,000 for 

24 each of fiscal years 2007 through 2010. 

Æ 


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