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 Pennsyl-
vania, 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 sub-
section (a) consists of—
(1) the Tylersville division of the Lamar National Fish 
Hatchery and Fish Technology Center comprised of approxi-
mately 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 Pennsyl-
vania shall ensure that all property reverting to the United States
H. R. 4957—2
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 CON-
SERVATION 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:
H. R. 4957—3
‘‘(4) FUND.—The term ‘Fund’ means the Neotropical Migra-
tory 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 CARIB-
BEAN.—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 estab-
lished 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 Conserva-
tion 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 Migra-
tory 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 fur-
ther as follows: 
(A) In section 4 (16 U.S.C. 6103), by striking paragraph 
(1) and inserting the following:
H. R. 4957—4
‘‘(1) FUND.—The term ‘Fund’ means the Neotropical Migra-
tory 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 sen-
tence; 
(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 sub-
section (b)’’; and 
(3) by adding at the end the following: 
‘‘(b) AUTHORIZED AMOUNT.—The amount referred to in sub-
section (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, with-
out 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.
H. R. 4957—5
(b) ADMINISTRATIVE EXPENSES.—As a condition of the convey-
ance 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 BOUND-
ARIES. 
(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
H. R. 4957—6
(2) shall be administered by the Secretary in accordance 
with—
(A) the National Wildlife Refuge System Administra-
tion 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 Pennsyl-
vania 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 seg-
ment 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-cul-
tural-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.
H. R. 4957—7
(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 pri-
vate conservation entities share complementary goals for 
protecting Cherry Valley and are energetically conserving 
wildlife habitat and farmland. Along with State land-
management 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 conserva-
tion arrangements. 
(D) A voter-approved Monroe County Open Space Fund 
and a voter-approved Stroud Township municipal land con-
servation 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 poten-
tial acquisition by the United States Fish and Wildlife Service 
through donation, exchange, or willing seller purchase and subse-
quent 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 acquisi-
tion for a national wildlife refuge and the determination of bound-
aries 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 manage-
ment under the policies of the National Wildlife Refuge System 
Administration Act of 1966 (16 U.S.C. 668dd et seq.).
H. R. 4957—8
(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 popu-
lations 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 habi-
tats. 
(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 semi-
colon 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:
H. R. 4957—9
‘‘(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 Com-
mittee 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.