H.R. 5381 — National Fish Hatchery System Volunteer Act of 2006

[109th Congress Public Law 360]
[From the U.S. Government Publishing 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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National Fish Hatchery System Volunteer Act of 2006

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