National Fish Hatchery System Volunteer Act of 2006 (16 U.S.C. 760aa)

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migrations, identity of stocks, growth rates,
mortality rates, variations in survival, environmental influences, both natural and artificial,
including pollution, and effects of fishing on the
species, for the purpose of developing wise conservation policies and constructive management
activities.
(Pub. L. 86–359, § 1, Sept. 22, 1959, 73 Stat. 642;
1970 Reorg. Plan No. 4, § 1(b), eff. Oct. 3, 1970, 35
F.R. 15627, 84 Stat. 2090.)
Transfer of functions to Secretary of Commerce from
Secretary of the Interior by Reorg. Plan No. 4 of 1970,
see note set out under section 755 of this title.

§ 760f. Migratory game fish study; authorization
to acquire facilities, employ officers and employees, cooperate with State and other
agencies, and to publish results
For the purpose of carrying out the provisions
of sections 760e to 760g of this title, the Secretary of Commerce is authorized (1) to acquire
lands, construct laboratory or other buildings,
purchase boats, acquire such other equipment
and apparatus, and to employ such officers and
employees as he deems necessary; (2) to cooperate or contract with State and other institutions and agencies upon such terms and conditions as he determines to be appropriate; and (3)
to make public the results of such research conducted pursuant to section 760e of this title.
(Pub. L. 86–359, § 2, Sept. 22, 1959, 73 Stat. 642;
1970 Reorg. Plan No. 4, § 1(b), eff. Oct. 3, 1970, 35
F.R. 15627, 84 Stat. 2090.)
TRANSFER OF FUNCTIONS
Transfer of functions to Secretary of Commerce from
Secretary of the Interior by Reorg. Plan No. 4 of 1970,
see note set out under section 755 of this title.

§ 760g. Authorization of appropriations for migratory game fish study
There are hereby authorized to be appropriated such sums as may be necessary to carry
out the provisions of sections 760e to 760g of this
title: Provided, That no more than $2,700,000 be
appropriated for this purpose in any one fiscal
year.
(Pub. L. 86–359, § 3, Sept. 22, 1959, 73 Stat. 643.)
§§ 760h to 760l. Omitted
CODIFICATION
Section 760h, Pub. L. 87–173, § 1, Aug. 30, 1961, 75 Stat.
409, provided for establishment of shellfisheries research center at Milford, Connecticut and included a
statement of purpose.
Section 760i, Pub. L. 87–173, § 2, Aug. 30, 1961, 75 Stat.
409, authorized appropriation of $1,325,000 to carry out
section 760h of this title.
Section 760j, Pub. L. 87–580, § 1, Aug. 9, 1962, 76 Stat.
356, related to propagation of disease resistant oysters,
acquisition of brood stock, transfer and distribution,
and for State sharing of costs.
Section 760k, Pub. L. 87–580, § 2, Aug. 9, 1962, 76 Stat.
356, authorized grants to States for research and other
necessary activities in development and propagation of
disease-resistant strains of oysters and conditions of
such grants.
Section 760l, Pub. L. 87–580, § 3, Aug. 9, 1962, 76 Stat.
357, authorized appropriation of $100,000 to carry out
sections 760j to 760l of this title.

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CHAPTER 9B—NATIONAL FISH HATCHERY
SYSTEM ENHANCEMENT
Sec.

760aa.
760aa–1.
760aa–2.
760aa–3.
760aa–4.

Findings and purposes.
Gifts to system and particular national fish
hatcheries.
Volunteer enhancement pilot projects.
Community partnership enhancement.
Hatchery education program development.

§ 760aa. Findings and purposes

TRANSFER OF FUNCTIONS

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§ 760aa

TITLE 16—CONSERVATION

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(a) Findings
Congress finds the following:
(1) The National Fish Hatchery System (in
this chapter 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 chapter 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.
(Pub. L. 109–360, § 2, Oct. 16, 2006, 120 Stat. 2058.)
SHORT TITLE
Pub. L. 109–360, § 1, Oct. 16, 2006, 120 Stat. 2058, provided that: ‘‘This Act [enacting this chapter] may be
cited as the ‘National Fish Hatchery System Volunteer
Act of 2006’.’’

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§ 760aa–1

TITLE 16—CONSERVATION

§ 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 chapter,
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.
(Pub. L. 109–360, § 3, Oct. 16, 2006, 120 Stat. 2059.)
REFERENCES IN TEXT
The Fish and Wildlife Coordination Act, referred to
in subsec. (b)(2)(B), is act Mar. 10, 1934, ch. 55, 48 Stat.
401, as amended, which is classified generally to sections 661 to 666c–1 of this title. For complete classification of this Act to the Code, see section 661(a) of this
title, Short Title note set out under section 661 of this
title, and Tables.

§ 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 de-

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veloping projects and programs under cooperative agreements under section 742f(d) of this
title and coordinating volunteer activities with
partner organizations to carry out the projects
and programs.
(b) Report
Not later than 3 years after October 16, 2006,
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.
(Pub. L. 109–360, § 4, Oct. 16, 2006, 120 Stat. 2059.)
CHANGE OF NAME
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

§ 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.
(Pub. L. 109–360, § 5, Oct. 16, 2006, 120 Stat. 2060.)
REFERENCES IN TEXT
The Fish and Wildlife Coordination Act, referred to
in subsec. (a), is act Mar. 10, 1934, ch. 55, 48 Stat. 401,

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