Tylersville Fish Hatchery Conveyance Act
PL 109-363 (H.R.4957), enacted 10/17/2006

120 STAT. 2074
PUBLIC LAW 109–363—OCT. 17, 2006
Public Law 109–363
109th Congress
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
Deadline.
Tylersville Fish
Hatchery
Conveyance Act.
Oct. 17, 2006
[H.R. 4957]
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PUBLIC LAW 109–363—OCT. 17, 2006
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:
16 USC 6101
note.
Neotropical
Migratory Bird
Conservation
Improvement Act
of 2006.
16 USC 3701
note.
National Fish
and Wildlife
Foundation
Reauthorization
Act of 2006.
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PUBLIC LAW 109–363—OCT. 17, 2006
‘‘(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:
16 USC 6106
note.
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PUBLIC LAW 109–363—OCT. 17, 2006
‘‘(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.
Ed Fountain
Park Expansion
Act.
16 USC 6108
note.
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120 STAT. 2078
PUBLIC LAW 109–363—OCT. 17, 2006
(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
Cahaba River
National Wildlife
Refuge
Expansion Act.
16 USC 668dd
note.
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PUBLIC LAW 109–363—OCT. 17, 2006
(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.
Cherry Valley
National Wildlife
Refuge Study
Act.
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PUBLIC LAW 109–363—OCT. 17, 2006
(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.).
Deadline.
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PUBLIC LAW 109–363—OCT. 17, 2006
(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:
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LEGISLATIVE HISTORY—H.R. 4957 (S. 3551):
HOUSE REPORTS: No. 109–612 (Comm. on Resources).
SENATE REPORTS: No. 109–339 accompanying S. 3551 (Comm. on Environment
and Public Works).
CONGRESSIONAL RECORD, Vol. 152 (2006):
Sept. 20, considered and passed House.
Sept. 29, considered and passed Senate.
‘‘(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’’.
Approved October 17, 2006.
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