[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1970 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  2d Session
                                S. 1970

_______________________________________________________________________

                                 AN ACT


 
  To require the Secretary of the Interior to establish a program to 
 provide assistance in the conservation of neotropical migratory birds.

    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 
Conservation Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) of the nearly 800 bird species known to occur in the 
        United States, approximately 500 migrate among countries, and 
        the large majority of those species, the neotropical migrants, 
        winter in Latin America and the Caribbean;
            (2) neotropical migratory bird species provide invaluable 
        environmental, economic, recreational, and aesthetic benefits 
        to the United States, as well as to the Western Hemisphere;
            (3)(A) many neotropical migratory bird populations, once 
        considered common, are in decline, and some have declined to 
        the point that their long-term survival in the wild is in 
        jeopardy; and
            (B) the primary reason for the decline in the populations 
        of those species is habitat loss and degradation (including 
        pollution and contamination) across the species' range; and
            (4)(A) because neotropical migratory birds range across 
        numerous international borders each year, their conservation 
        requires the commitment and effort of all countries along their 
        migration routes; and
            (B) although numerous initiatives exist to conserve 
        migratory birds and their habitat, those initiatives can be 
        significantly strengthened and enhanced by increased 
        coordination.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to perpetuate healthy populations of neotropical 
        migratory birds;
            (2) to assist in the conservation of neotropical migratory 
        birds by supporting conservation initiatives in the United 
        States, Latin America, and the Caribbean; and
            (3) to provide financial resources and to foster 
        international cooperation for those initiatives.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Account.--The term ``Account'' means the Neotropical 
        Migratory Bird Conservation Account established by section 
        9(a).
            (2) Conservation.--The term ``conservation'' means the use 
        of methods and procedures necessary to bring a species of 
        neotropical migratory bird to the point at which there are 
        sufficient populations in the wild to ensure the long-term 
        viability of the species, including--
                    (A) protection and management of neotropical 
                migratory bird populations;
                    (B) maintenance, management, protection, and 
                restoration of neotropical migratory bird habitat;
                    (C) research and monitoring;
                    (D) law enforcement; and
                    (E) community outreach and education.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 5. FINANCIAL ASSISTANCE.

    (a) In General.--The Secretary shall establish a program to provide 
financial assistance for projects to promote the conservation of 
neotropical migratory birds.
    (b) Project Applicants.--A project proposal may be submitted by--
            (1) an individual, corporation, partnership, trust, 
        association, or other private entity;
            (2) an officer, employee, agent, department, or 
        instrumentality of the Federal Government, of any State, 
        municipality, or political subdivision of a State, or of any 
        foreign government;
            (3) a State, municipality, or political subdivision of a 
        State;
            (4) any other entity subject to the jurisdiction of the 
        United States or of any foreign country; and
            (5) an international organization (as defined in section 1 
        of the International Organizations Immunities Act (22 U.S.C. 
        288)).
    (c) Project Proposals.--To be considered for financial assistance 
for a project under this Act, an applicant shall submit a project 
proposal that--
            (1) includes--
                    (A) the name of the individual responsible for the 
                project;
                    (B) a succinct statement of the purposes of the 
                project;
                    (C) a description of the qualifications of 
                individuals conducting the project; and
                    (D) an estimate of the funds and time necessary to 
                complete the project, including sources and amounts of 
                matching funds;
            (2) demonstrates that the project will enhance the 
        conservation of neotropical migratory bird species in Latin 
        America, the Caribbean, or the United States;
            (3) includes mechanisms to ensure adequate local public 
        participation in project development and implementation;
            (4) contains assurances that the project will be 
        implemented in consultation with relevant wildlife management 
        authorities and other appropriate government officials with 
        jurisdiction over the resources addressed by the project;
            (5) demonstrates sensitivity to local historic and cultural 
        resources and complies with applicable laws;
            (6) describes how the project will promote sustainable, 
        effective, long-term programs to conserve neotropical migratory 
        birds; and
            (7) provides any other information that the Secretary 
        considers to be necessary for evaluating the proposal.
    (d) Project Reporting.--Each recipient of assistance for a project 
under this Act shall submit to the Secretary such periodic reports as 
the Secretary considers to be necessary. Each report shall include all 
information required by the Secretary for evaluating the progress and 
outcome of the project.
    (e) Cost Sharing.--
            (1) Federal share.--The Federal share of the cost of each 
        project shall be not greater than 33 percent.
            (2) Non-federal share.--
                    (A) Source.--The non-Federal share required to be 
                paid for a project shall not be derived from any 
                Federal grant program.
                    (B) Form of payment.--
                            (i) Projects in the united states.--The 
                        non-Federal share required to be paid for a 
                        project carried out in the United States shall 
                        be paid in cash.
                            (ii) Projects in foreign countries.--The 
                        non-Federal share required to be paid for a 
                        project carried out in a foreign country may be 
                        paid in cash or in kind.

SEC. 6. DUTIES OF THE SECRETARY.

    In carrying out this Act, the Secretary shall--
            (1) develop guidelines for the solicitation of proposals 
        for projects eligible for financial assistance under section 5;
            (2) encourage submission of proposals for projects eligible 
        for financial assistance under section 5, particularly 
        proposals from relevant wildlife management authorities;
            (3) select proposals for financial assistance that satisfy 
        the requirements of section 5, giving preference to proposals 
        that address conservation needs not adequately addressed by 
        existing efforts and that are supported by relevant wildlife 
        management authorities; and
            (4) generally implement this Act in accordance with its 
        purposes.

SEC. 7. COOPERATION.

    (a) In General.--In carrying out this Act, the Secretary shall--
            (1) support and coordinate existing efforts to conserve 
        neotropical migratory bird species, through--
                    (A) facilitating meetings among persons involved in 
                such efforts;
                    (B) promoting the exchange of information among 
                such persons;
                    (C) developing and entering into agreements with 
                other Federal agencies, foreign, State, and local 
                governmental agencies, and nongovernmental 
                organizations; and
                    (D) conducting such other activities as the 
                Secretary considers to be appropriate; and
            (2) coordinate activities and projects under this Act with 
        existing efforts in order to enhance conservation of 
        neotropical migratory bird species.
    (b) Advisory Group.--
            (1) In general.--To assist in carrying out this Act, the 
        Secretary may convene an advisory group consisting of 
        individuals representing public and private organizations 
        actively involved in the conservation of neotropical migratory 
        birds.
            (2) Public participation.--
                    (A) Meetings.--The advisory group shall--
                            (i) ensure that each meeting of the 
                        advisory group is open to the public; and
                            (ii) provide, at each meeting, an 
                        opportunity for interested persons to present 
                        oral or written statements concerning items on 
                        the agenda.
                    (B) Notice.--The Secretary shall provide to the 
                public timely notice of each meeting of the advisory 
                group.
                    (C) Minutes.--Minutes of each meeting of the 
                advisory group shall be kept by the Secretary and shall 
                be made available to the public.
            (3) Exemption from federal advisory committee act.--The 
        Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
        to the advisory group.

SEC. 8. REPORT TO CONGRESS.

    Not later than October 1, 2002, the Secretary shall submit to 
Congress a report on the results and effectiveness of the program 
carried out under this Act, including recommendations concerning how 
the Act might be improved and whether the program should be continued.

SEC. 9. NEOTROPICAL MIGRATORY BIRD CONSERVATION ACCOUNT.

    (a) Establishment.--There is established in the Multinational 
Species Conservation Fund of the Treasury a separate account to be 
known as the ``Neotropical Migratory Bird Conservation Account'', which 
shall consist of amounts deposited into the Account by the Secretary of 
the Treasury under subsection (b).
    (b) Deposits Into the Account.--The Secretary of the Treasury shall 
deposit into the Account--
            (1) all amounts received by the Secretary in the form of 
        donations under subsection (d); and
            (2) other amounts appropriated to the Account.
    (c) Use.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        may use amounts in the Account, without further Act of 
        appropriation, to carry out this Act.
            (2) Administrative expenses.--Of amounts in the Account 
        available for each fiscal year, the Secretary may expend not 
        more than 6 percent to pay the administrative expenses 
        necessary to carry out this Act.
    (d) Acceptance and Use of Donations.--The Secretary may accept and 
use donations to carry out this Act. Amounts received by the Secretary 
in the form of donations shall be transferred to the Secretary of the 
Treasury for deposit into the Account.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Account to carry out 
this Act $8,000,000 for each of fiscal years 1999 through 2002, to 
remain available until expended, of which not less than 50 percent of 
the amounts made available for each fiscal year shall be expended for 
projects carried out outside the United States.

            Passed the Senate October 8 (legislative day, October 2), 
      1998.

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                                S. 1970

_______________________________________________________________________

                                 AN ACT

  To require the Secretary of the Interior to establish a program to 
 provide assistance in the conservation of neotropical migratory birds.