[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5381 Enrolled Bill (ENR)]
H.R.5381
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 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
recreational 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
maintenance 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,
Federal funding for the hatcheries can be supplemented.
(4) By encouraging hatchery educational programs, public
awareness of the resources of the System and public participation
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 hatcheries
within the System.
(2) To facilitate partnerships between the System and non-
Federal entities to promote public awareness of the resources 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 HATCHERIES.
(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 acceptance 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 facilities.--
(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
appropriations 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
supervising volunteers. The volunteer coordinator may be responsible
for assisting partner organizations in developing projects and programs
under cooperative agreements under section 7(d) of the Fish and
Wildlife Act of 1956 (16 U.S.C. 742f(d)) and coordinating volunteer
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 evaluating and making
recommendations regarding the pilot projects.
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 enactment 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 species,
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 assistance 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 opportunities 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 cooperate with partner organizations in
accordance with subsection (d).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.