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Week Ending September 22, 2006
H.R.4957 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 Pennsylvania, and for other purposes.
The bill provides for the conveyance of the Tylersville division of the Lamar National Fish Hatchery and Fish Technology Center on43 Hatchery Lane in Loganton, PA to the State of Pennsylvania along with improvements to the property and water rights. The transfer adds to Pennsylvania’s fish culture program. The transfer is part of the recognition that the remaining 69 National Fish Hatcheries and other like facilities are of an average age of 60 years and are facing maintenance backlogs of $245 million.
The State must continue the use of the property or title reverts to the US taxpayers. The property involves 40 acres, and several buildings. The facility has focused on breeding brook, brown, golden rainbow and rainbow trout to the tune of about 560,000 per year to stock Pennsylvania waters. The $900,000 cost for a year’s production will now be on Pennsylvania.
Within the bill are other environmentally oriented ‘Acts’:
The bill reauthorizes the National Fish and Wildlife Foundation and Fund through 2010. Also in the bill are the Neotropical Migratory Bird Conservation Improvement Act of 2006 that tends to the habitat needs of birds that travel between Canada and the US to the Caribbean. The Secretary of Treasury will deposit inot the fund any donations received.
The Ed \Fountain park Expansion Act provides for the transfer of 7.89 acres to the City of Las Vegas, Nevada to expand the exiting Ed Fountain Park. There is no charge beyond administrative and survey fees to Las Vegas for the land and it must be used as a park or for any other recreation or non-profit-related purpose.
The Cahaba River National Wildlife Refuge Expansion Act adds to the National Wildlife Refuge in Bibb County, Alabama. The Secretary of Interior may acquire by donation, purchase or appropriated land and water within the Refuge boundaries.
The Cherry Valley National Wildlife Refuge Act supports findings that the Cherry valley region of Pennsylvania is rich in wildlife species and includes a segment of the Appalachian Trail and would create the Refuge there. The current Refuge acreage will include some Federal land and privately donated lands.
Great Apes would benefit from conservation efforts through the Great Ape Conservation Act of 2000 amended that would address the root cause of threats to great apes in range states including the illegal meat trade, disease and loss of habitat due to natural disasters
Sponsor: Rep. John E. Peterson (R-PA-5th)
Vote: Passed House amended by voice vote September 20, 2006.
Cost to the taxpayers: “CBO estimates that implementing H.R. 4957 would have no effect on the federal budget. The fish hatchery is already being operated by the state at its own expense; that would continue under the bill.” Other Acts in the bill range to around $5 million over five years.
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MORE INFORMATION
(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:
`(4) FUND- The term `Fund' means the Neotropical Migratory 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 CARIBBEAN- 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 established 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 Conservation 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:
`(a) Establishment- There is established in the Treasury a separate account, which shall be known as the `Neotropical Migratory 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 further as follows:
(A) In section 4 (16 U.S.C. 6103), by striking paragraph (1) and inserting the following:
`(1) FUND- The term `Fund' means the Neotropical Migratory 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 sentence;
(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 subsection (b)'; and
(3) by adding at the end the following:
`(b) Authorized Amount- The amount referred to in subsection (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.'.
This title may be cited as the `Ed Fountain Park Expansion Act'.
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.
(a) In General- The Secretary shall convey to the City, without 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.
(b) Administrative Expenses- As a condition of the conveyance 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.
This title may be cited as the `Cahaba River National Wildlife Refuge Expansion Act'.
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.
(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.
(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
(2) shall be administered by the Secretary in accordance with--
(A) the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.);
(B) the Cahaba River National Wildlife Refuge Establishment Act; and
(C) this Act.
This title may be cited as the `Cherry Valley National Wildlife Refuge Study Act'.
The Congress finds the following:
(1) The scenic Cherry Valley area of Northeastern Pennsylvania 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 segment 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-cultural-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.
(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 private 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 conservation arrangements.
(D) A voter-approved Monroe County Open Space Fund and a voter-approved Stroud Township municipal land conservation 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.
(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 potential acquisition by the United States Fish and Wildlife Service through donation, exchange, or willing seller purchase and subsequent 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 acquisition for a national wildlife refuge and the determination of boundaries 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 management under the policies of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.).
(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 populations 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 habitats.
(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.
In this title the term `Secretary' means the Secretary of the Interior acting through the Director of the United States Fish and Wildlife Service.
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 semicolon 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:
`(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 Committee Act (5 App. U.S.C.) shall not apply to a panel convened under paragraph (1).'.
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'.
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'.
Passed the House of Representatives September 20, 2006.
Attest:
Clerk.
END
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