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 pur-
poses.
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 Pennsyl-
vania, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 PENNSYL-
VANIA. 
(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 sub-
section (b) for use by the Pennsylvania Fish and Boat 
Commission as part of the State of Pennsylvania fish cul-
ture program. 
(b) PROPERTY DESCRIBED.—The property referred 
to in subsection (a) consists of—
(1) the Tylersville division of the Lamar Na-
tional 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, Pennsyl-
vania, as described in the 1984 Cooperative Agree-
ment between the United States Fish and Wildlife 
Service and the State of Pennsylvania; 
(2) all improvements and related personal prop-
erty under the control of the Secretary that is lo-
cated on that property, including buildings, struc-
tures, equipment, and all easements and leases relat-
ing to that property; and 
(3) all water rights relating to that property. 
(c) REVERSIONARY INTEREST.—If any of the prop-
erty conveyed to the State of Pennsylvania under this sec-
tion 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 LIM-
ITED TO GRANTS MADE WITH FEDERAL 
FUNDS. 
Section 4(i) of the National Fish and Wildlife Foun-
dation Establishment Act (16 U.S.C. 3703(i)) is amended 
by striking ‘‘grant of funds’’ and inserting ‘‘grant of Fed-
eral 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 WILD-
LIFE 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 pro-
vided by the Foundation,’’ after ‘‘made to the Founda-
tion’’. 
TITLE 
III—NEOTROPICAL 
MI-
GRATORY 
BIRD 
CONSERVA-
TION 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 Mi-
gratory 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 fol-
lowing: 
‘‘(2) CARIBBEAN.—The term ‘Caribbean’ in-
cludes Puerto Rico and the United States Virgin Is-
lands.’’; and 
(3) by inserting after paragraph (3), as so re-
designated, the following: 
‘‘(4) FUND.—The term ‘Fund’ means the 
Neotropical Migratory Bird Conservation Fund es-
tablished 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 ‘‘Can-
ada,’’ 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 car-
ried 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 car-
ried 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 Sec-
retary 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 estab-
lished by the United States Fish and Wildlife Serv-
ice 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 in-
serting ‘‘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 fol-
lowing: 
‘‘(1) FUND.—The term ‘Fund’ means the 
Neotropical Migratory Bird Conservation Fund es-
tablished 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 Con-
servation 
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 speci-
fied 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 ‘‘admin-
istrative 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 Di-
rector of the United States Fish and Wildlife Serv-
ice. 
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 as-
sociated 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 sub-
section (a), all right, title, and interest of the City 
in and to the administrative site (including any im-
provements to the administrative site) shall revert, 
at the option of the Secretary, to the United States. 
(2) HEARING.—Any determination of the Sec-
retary 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 
NA-
TIONAL 
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 Na-
tional 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, Ala-
bama, depicted as ‘‘Proposed National Wildlife Refuge Ex-
pansion 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 Sec-
retary 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 ex-
panded by this title. 
(b) MANNER OF ACQUISITION.—All acquisitions of 
land or waters under this section shall be made in a vol-
untary 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 Na-
tional Wildlife Refuge Study Act’’. 
SEC. 602. FINDINGS. 
The Congress finds the following:
(1) The scenic Cherry Valley area of North-
eastern Pennsylvania is blessed with more than 80 
special-concern animal and plant species and natural 
habitats. 
(2) In a preliminary assessment of Cherry Val-
ley, United States Fish and Wildlife Service biolo-
gists 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 resi-
dent, 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 ei-
ther nest in Cherry Valley or migrate through the 
area during critical times in their life cycle, includ-
ing—
(A) neo-tropical migratory birds such as 
the Cerulean Warbler, the Worm-eating War-
bler, 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 migra-
tion, 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 sig-
nificant natural-cultural-recreational feature. 
(7) Many of the significant wildlife habitats 
found in the Cherry Valley, especially the rare cal-
careous wetlands, have disappeared from other local-
ities 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 sup-
port for a Cherry Valley National Wildlife Refuge, 
as demonstrated by the following: 
(A) Area landowners, business and commu-
nity leaders, media, and elected officials have 
consistently voiced their enthusiasm for a Cher-
ry Valley National Wildlife Refuge. 
(B) Numerous local communities and pub-
lic and private conservation entities share com-
plementary goals for protecting Cherry Valley 
and are energetically conserving wildlife habitat 
and farmland. Along with State land-manage-
ment agencies and the National Park Service, 
these local entities represent potential strong 
partners for the United States Fish and Wild-
life 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 al-
ready put their land into conservation ease-
ments 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 Na-
tional Park Service. 
SEC. 603. STUDY OF REFUGE POTENTIAL AND FUTURE REF-
UGE 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 Pennsyl-
vania and identified on the map entitled, ‘‘Proposed Cher-
ry Valley National Wildlife Refuge—Authorization Bound-
ary’’, dated February 24, 2005, for their potential acquisi-
tion 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 con-
ducting the study required under this section, shall consult 
appropriate State and local officials, private conservation
organizations, major landowners and other interested per-
sons, 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 evalu-
ated are suitable for inclusion in the National Wild-
life Refuge System and management under the poli-
cies of the National Wildlife Refuge System Admin-
istration 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 di-
verse 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, wild-
life, and their habitats. 
(3) Provide an opportunity for public participa-
tion and give special consideration to views ex-
pressed by local public and private entities regarding 
lands, waters, and interests therein for potential fu-
ture acquisition for refuge purposes. 
(4) The total area of lands, water, and interests 
therein that may be acquired shall not in the aggre-
gate 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 Environ-
ment 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 acqui-
sition, and that delineates an acquisition boundary, 
for a potential Cherry Valley National Wildlife Ref-
uge;
(2) a cost estimate for the acquisition of all 
lands, waters, and interests therein that are appro-
priate for refuge status; and 
(3) an estimate of potentially available acquisi-
tion 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 Sec-
retary 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 pe-
riod 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 disas-
ters.’’; 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 in-
serting ‘‘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 ‘‘ex-
pend’’; 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:
Clerk.