[109th Congress Public Law 360]
[From the U.S. Government Printing Office]
[DOCID: f:publ360.109]
[[Page 120 STAT. 2057]]
NATIONAL FISH HATCHERY SYSTEM VOLUNTEER ACT OF 2006
[[Page 120 STAT. 2058]]
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. <<NOTE: Oct. 16,
2006 - [H.R. 5381]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: National Fish Hatchery
System Volunteer Act of 2006.>> assembled,
SECTION 1. <<NOTE: 16 USC 760aa note.>> SHORT TITLE.
This Act may be cited as the ``National Fish Hatchery System
Volunteer Act of 2006''.
SEC. 2. <<NOTE: 16 USC 760aa.>> 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
[[Page 120 STAT. 2059]]
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. <<NOTE: 16 USC 760aa-1.>> 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. <<NOTE: 16 USC 760aa-2.>> 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.
[[Page 120 STAT. 2060]]
SEC. 5. <<NOTE: 16 USC 760aa-3.>> 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. <<NOTE: 16 USC 760aa-4.>> HATCHERY EDUCATION PROGRAM
DEVELOPMENT.
(a) Guidance.--Not <<NOTE: Deadline.>> 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
[[Page 120 STAT. 2061]]
cooperate with partner organizations in accordance with subsection (d).
Approved October 16, 2006.
LEGISLATIVE HISTORY--H.R. 5381:
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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.
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