[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4517 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4517

    To assist in the conservation of neotropical migratory birds by 
   supporting and providing financial resources for the conservation 
programs of nations within the range of neotropical migratory birds and 
projects of persons with demonstrated expertise in the conservation of 
                             these species.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 6, 1998

 Mr. Young of Alaska introduced the following bill; which was referred 
                     to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
    To assist in the conservation of neotropical migratory birds by 
   supporting and providing financial resources for the conservation 
programs of nations within the range of neotropical migratory birds and 
projects of persons with demonstrated expertise in the conservation of 
                             these species.

    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 ``Neotropical Migratory Bird Habitat 
Enhancement Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Neotropical migratory bird populations in nations 
        within the range of neotropical migratory birds have continued 
        to decline to the point that the long-term survival of various 
        species in the wild is in jeopardy.
            (2) 90 North American bird species are listed as endangered 
        species or threatened species under section 4 of the Endangered 
        Species Act of 1973, and 124 species of migratory birds are 
        currently on the United States Fish an Wildlife Service's List 
        of Migratory Nongame Birds of Management Concern.
            (3) The United States, through 4 bilateral treaties, has 
        responsibility of maintaining healthy populations of 778 
        species of migratory nongame birds and 58 species of migratory 
        game birds that migrate between the Caribbean, Latin America, 
        and North America.
            (4) The Government of Mexico presently lists approximately 
        390 birds species as endangered, threatened, vulnerable, or 
        rare.
            (5) Healthy bird populations provide important economic 
        benefits, such as control of detrimental insects on 
        agricultural crops, thus preventing the loss of millions of 
        dollars each year to farming and timber interests.
            (6) Neotropical migratory birds travel across many 
        international borders, therefore the conservation of these 
        species requires that safeguards be established at both the 
        beginning and end of the migration routes, as well as at 
        essential stopover areas along the way.
            (7) Because the challenges facing the conservation of 
        neotropical migratory birds are so great, resources to date 
        have not been sufficient to cope with continued loss of habitat 
        and the consequent reduction of neotropical migratory bird 
        populations.
            (8) To reduce, remove, or otherwise effectively address 
        these treaties through the long-term viability of populations 
        of neotropical migratory birds in the wild will require the 
        joint commitment and efforts of nations within the range of 
        neotropical migratory birds and the private sector.
            (9) A Neotropical Migratory Bird Conservation fund would 
        much-needed support for projects aimed at protecting critical 
        habitat for declining migratory bird species,in an innovative 
        way that promotes conservation partnerships and cost sharing 
        through joint Federal and non-Federal support mechanisms.

SEC. 3. PURPOSES.

    The purposes of this Act are the following:
            (1) To perpetuate healthy populations of neotropical 
        migratory birds.
            (2) To assist in the conservation and protection of 
        neotropical migratory birds by supporting the conservation 
        programs of neotropical migratory bird range states and the 
        CITES Secretariat.
            (3) To provide financial resources for those programs.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) The term ``CITES'' means the Convention on 
        International Trade in Endangered Species of Wild Fauna and 
        Flora, signed on March 3, 1973, and its appendices.
            (2) The term ``Commission'' means the Migratory Bird 
        Conservation Commission established by the Migratory Bird 
        Conservation Act (16 U.S.C. 715 et seq.).
            (3) The term ``conservation'' means the use of methods and 
        procedures necessary to bring neotropical migratory birds to 
        the point at which there are sufficient populations in the wild 
        to ensure that the various species of such birds do not become 
        extinct, including all activities associated with scientific 
        resource management, such as conservation, protection, 
        restoration, acquisition, and management of habitat; research 
        and monitoring of known populations; CITES enforcement; law 
        enforcement through community participation; conflict 
        resolution initiatives; and community outreach and education.
            (4) The term ``Fund'' means the Neotropical Migratory Bird 
        Conservation Fund established under section 6(a).
            (5) The term ``Secretary'' means the Secretary of the 
        Interior.

SEC. 5. NEOTROPICAL MIGRATORY BIRD CONSERVATION ASSISTANCE.

    (a) Assistance Authorized.--
            (1) In general.--The Secretary, subject to the availability 
        of funds and in consultation with the Commission, shall use 
        amounts in the Fund to provide financial assistance for 
        projects for the conservation of neotropical migratory birds 
        for which final project proposals are approved by the Secretary 
        in accordance with this section.
            (2) Priority.--The Secretary shall provide that assistance 
        in accordance with the following priority:
                    (A) First, for projects proposed by relevant 
                wildlife management authorities referred to in 
                subsection (b).
                    (B) Second, for projects proposed by the CITES 
                Secretariat.
                    (C) Third, for projects proposed by any other 
                person.
    (b) Project Proposal.--Any relevant wildlife management authority 
of a nation within the range of neotropical migratory birds whose 
activities directly or indirectly affect neotropical migratory bird 
populations, the CITES Secretariat, or any person with demonstrated 
expertise in the conservation of neotropical migratory birds, may 
submit to the Secretary a project proposal under this section. Each 
proposal shall include the following:
            (1) The name of the individual responsible for conducting 
        the project.
            (2) A succinct statement of the purposes of the project.
            (3) A description of the qualifications of the individuals 
        who will conduct the project.
            (4) An estimate of the funds and time required to complete 
        the project.
            (5) Evidence of support of the project by appropriate 
        governmental entities of countries in which the project will be 
conducted, if the Secretary determines that the support is required for 
the success of the project.
            (6) Information regarding the source and amount of matching 
        funding available to the applicant.
            (7) Any other information the Secretary considers to be 
        necessary for evaluating the eligibility of the project for 
        funding under this Act.
    (c) Project Review and Approval.--
            (1) In general.--Within 30 days after receiving a final 
        project proposal, the Secretary shall provide a copy of the 
        proposal to the Commission. The Secretary shall review each 
        final project proposal to determine if it meets the criteria 
        set forth in subsection (d).
            (2) Consultation; approval or disapproval.--Not later than 
        6 months after receiving a final project proposal, and subject 
        to the availability of funds, the Secretary, after consulting 
        with the Commission, shall--
                    (A) request written comments on the proposal from 
                each country within which the project is to be 
                conducted;
                    (B) after requesting those comments, approve or 
                disapprove the proposal; and
                    (C) provide written notification of that approval 
                or disapproval to the person who submitted the 
                proposal, the Commission, and each of those countries.
    (d) Criteria for Approval.--The Secretary may approve a final 
project proposal under this section if the project will enhance 
programs for conservation of neotropical migratory birds by assisting 
efforts to--
            (1) implement conservation programs;
            (2) develop sound scientific information on the condition 
        of neotropical migratory bird habitat, neotropical migratory 
        bird population numbers and trends, or the threats to such 
        habitat, numbers, or trends; or
            (3) promote cooperative projects on those topics with other 
        foreign governments, affected local communities, 
        nongovernmental organizations, or others in the private sector.
    (e) Project Sustainability.--To the maximum extent practical, in 
determining whether to approve project proposals under this section, 
the Secretary shall give consideration to projects which will enhance 
sustainable integrated conservation development programs to 
ensure effective, long-term conservation of neotropical migratory 
birds.
    (f) Project Reporting.--Each person who receives assistance under 
this section for a project shall provide periodic reports, as the 
Secretary considers necessary, to the Secretary and the Commission. 
Each report shall include all information required by the Secretary, 
after consulting with the Commission, for evaluating the progress and 
success of the project.
    (g) Matching Funds.--In determining whether to approve project 
proposals under this section, the Secretary shall give priority to 
those projects for which there exists some measure of matching funds.

SEC. 6. NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND.

    (a) Establishment.--There is established in the general fund of the 
Treasury a separate account to be known as the ``Neotropical Migratory 
Bird Conservation Fund'', which 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.
    (c) Use.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        may use amounts in the Fund without further appropriation to 
        provide assistance under section 5.
            (2) Administration.--Of amounts in the Fund available for 
        each fiscal year, the Secretary may use not more than 3 percent 
        to administer the Fund.
    (d) Acceptance and Use of Donations.--The Secretary may accept and 
use donations to provide assistance under section 5. Amounts received 
by the Secretary in the form of donations shall be transferred to the 
Secretary of the Treasury for deposit into the Fund.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Fund $5,000,000 for 
each of fiscal years 1999, 2000, 2001, and 2002 to carry out this Act, 
which may remain available until expended.
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