National Fish Hatchery System Volunteer Act of 2006
PL 109-360 (H.R.5381), enacted 10/16/2006

120 STAT. 2058
PUBLIC LAW 109–360—OCT. 16, 2006
Public Law 109–360
109th Congress
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 rec-
reational 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 mainte-
nance 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, Fed-
eral funding for the hatcheries can be supplemented.
(4) By encouraging hatchery educational programs, public
awareness of the resources of the System and public participa-
tion 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 hatch-
eries within the System.
(2) To facilitate partnerships between the System and non-
Federal entities to promote public awareness of the resources
16 USC 760aa.
16 USC 760aa
note.
National Fish
Hatchery System
Volunteer Act of
2006.
Oct. 16, 2006
[H.R. 5381]
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120 STAT. 2059
PUBLIC LAW 109–360—OCT. 16, 2006
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 HATCH-
ERIES.
(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 accept-
ance 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 appro-
priations 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 super-
vising volunteers. The volunteer coordinator may be responsible
for assisting partner organizations in developing projects and pro-
grams under cooperative agreements under section 7(d) of the Fish
and Wildlife Act of 1956 (16 U.S.C. 742f(d)) and coordinating volun-
teer 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 evalu-
ating and making recommendations regarding the pilot projects.
16 USC 760aa–2.
16 USC 760aa–1.
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120 STAT. 2060
PUBLIC LAW 109–360—OCT. 16, 2006
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 enact-
ment 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 spe-
cies, 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 assist-
ance 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 opportuni-
ties 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
Deadline.
16 USC 760aa–4.
16 USC 760aa–3.
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120 STAT. 2061
PUBLIC LAW 109–360—OCT. 16, 2006
LEGISLATIVE HISTORY—H.R. 5381:
HOUSE REPORTS: No. 109–638 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 152 (2006):
Sept. 12, considered and passed House.
Sept. 29, considered and passed Senate.
cooperate with partner organizations in accordance with subsection
(d).
Approved October 16, 2006.
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