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







105th CONGRESS
  2d Session
                                S. 1970

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 22, 1998

  Mr. Abraham introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  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)(A) birds constitute one of the most widely recognized 
        and appreciated components of North American wildlife;
            (B) approximately 25,000,000 Americans travel to observe 
        birds; and
            (C) more than 60,000,000 adult Americans watch and feed 
        birds at home;
            (2) birds--
                    (A) are key indicators of environmental health;
                    (B) play important roles in plant pollination and 
                seed dispersal;
                    (C) serve as critical links in the food web; and
                    (D) maintain the health of the environment.
            (3)(A) healthy bird populations provide important economic 
        benefits, such as control of noxious insects on agricultural 
        crops, thereby preventing hundreds of millions of dollars in 
        economic losses each year to farming and timber interests; and
            (B) more than $20,000,000,000 is spent in the United States 
        each year on watching and feeding birds;
            (4)(A) despite their irreplaceable value, many North 
        American bird species, once considered common, are in decline;
            (B) 90 North American bird species are listed as endangered 
        or threatened in the United States;
            (C) another 124 North American bird species are of high 
        conservation concern; and
            (D) Mexico's Secretariat of Environment, Natural Resources 
        and Fisheries lists approximately 390 bird species as being 
        endangered, threatened, vulnerable, or rare;
            (5)(A) of the nearly 800 bird species known to occur in the 
        United States, approximately 500 migrate among nations;
            (B) the large majority of those species, the neotropical 
        migrants, winter in Latin America and the Caribbean; and
            (C) neotropical migrants in particular have received much 
        attention because of their population declines;
            (6)(A) the primary reason for the declines is habitat loss 
        and degradation (including pollution and contamination);
            (B) because neotropical migrants range across numerous 
        international borders each year, their conservation requires 
        that safeguards be established at both ends of the migration 
        routes, as well as at critical stopover areas along the way; 
        and
            (C) establishing such safeguards necessitates the joint 
        commitment and effort of all nations that support those 
        species, as well as all levels of society; and
            (7) this Act constitutes an effort on the part of the 
        United States to adopt appropriate measures for the protection 
        of migratory birds in collaboration with--
                    (A) neighboring nations that are parties to the 
                Convention Respecting Nature Protection and Wildlife 
                Preservation in the Western Hemisphere, done at the Pan 
                American Union, Washington, October 12, 1940 (56 Stat. 
                1354); and
                    (B) States, conservation organizations, 
                corporations and business interests, and other private 
                entities.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to assist in the conservation of neotropical migratory 
        birds by supporting neotropical migratory bird conservation 
        programs in Latin America and the Caribbean with a focus on 
        reversing habitat loss and degradation;
            (2) to promote partnerships between Federal, State, and 
        nongovernmental entities in the United States in the 
        conservation of neotropical migratory birds;
            (3) to foster active governmental and nongovernmental 
        participation in neotropical migratory bird conservation by 
        cooperating countries throughout Latin America and the 
        Caribbean;
            (4) to promote circumstances under which the conservation 
        of neotropical migratory birds in Latin America and the 
        Caribbean may be carried out entirely by local entities;
            (5) to provide financial resources for projects that 
        support neotropical migratory bird conservation; and
            (6) to promote the effective conservation of neotropical 
        migratory birds in the Western Hemisphere through collaboration 
        at all levels of society.

SEC. 4. CONSERVATION ASSISTANCE.

    (a) In General.--The Secretary of the Interior, acting through the 
Director of the United States Fish and Wildlife Service (referred to in 
this Act as the ``Secretary''), shall establish a program to provide 
financial assistance for projects to promote the conservation of 
neotropical migratory birds.
    (b) Project Applicants.--An entity that is eligible to receive 
financial assistance for a project under this Act is an entity that--
            (1) is--
                    (A) a Federal, State, or local governmental entity 
                of the United States;
                    (B) a United States nongovernmental organization, 
                corporation or business interest, or other private 
                entity;
                    (C) a governmental or nongovernmental organization, 
                corporation or business interest, or other private 
                entity in Latin America or the Caribbean; or
                    (D) an international organization that is dedicated 
                to achieving the purposes of this Act; and
            (2) submits a project proposal to the Secretary.
    (c) Project Proposals.--Each project proposal shall--
            (1) demonstrate that the project will enhance the 
        conservation of neotropical migratory birds in Latin America or 
        the Caribbean by focusing on reversing habitat loss and 
        degradation;
            (2) include mechanisms to ensure adequate local public 
        participation in project development and implementation;
            (3) contain assurances that the project will be implemented 
        in consultation with appropriate local and other government 
        officials with jurisdiction over the resources addressed by the 
        project;
            (4) demonstrate sensitivity to local historic and cultural 
        resources and comply with applicable laws; and
            (5) provide any other information that the Secretary 
        considers to be necessary for evaluating the proposal.
    (d) Project Sustainability.--To the maximum extent practicable, 
each project shall aim to support or establish such structures as are 
necessary to ensure achievement of conservation objectives specified in 
this Act, including the long-term operation and maintenance of the 
project by local entities in the country in which the project is 
carried out.
    (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) Payment by united states and international 
                entities.--Not less than 50 percent of the non-Federal 
                share required to be paid for each project shall be 
                paid, in cash, by--
                            (i) United States nongovernmental 
                        organizations;
                            (ii) international nongovernmental 
                        organizations;
                            (iii) States of the United States and other 
                        United States non-Federal entities; and
                            (iv) corporations, business interests, and 
                        other private entities.
                    (B) Payment by local entities.--In addition to 
                funds paid under subparagraph (A), the entity 
                submitting the proposal for a project to be assisted 
                under this Act shall seek matching funds, in the form 
                of cash or in-kind contributions, from local entities 
                in the country in which the project is carried out, 
                including corporations and business interests.

SEC. 5. NEOTROPICAL MIGRATORY BIRD ADVISORY COMMITTEE.

    (a) Establishment.--There is established a Neotropical Migratory 
Bird Advisory Committee (referred to in this Act as the ``Committee'') 
to assist in carrying out this Act.
    (b) Membership.--
            (1) Permanent members.--The 4 permanent members of the 
        Committee shall be--
                    (A) 2 representatives of the United States Fish and 
                Wildlife Service, 1 of whom shall chair the Committee;
                    (B) 1 representative appointed by the International 
                Association of Fish and Wildlife Agencies, who shall 
                not be required to be an officer or employee of the 
                Association; and
                    (C) 1 representative appointed by the National Fish 
                and Wildlife Foundation established by the National 
                Fish and Wildlife Foundation Establishment Act (16 
                U.S.C. 3701 et seq.), who shall not be required to be 
                an officer or employee of the Foundation.
            (2) Nonvoting member.--
                    (A) In general.--The Committee shall include 1 
                nonvoting member who--
                            (i) is a native and resident of Latin 
                        America or the Caribbean; and
                            (ii) is actively involved in local 
                        conservation efforts in Latin America or the 
                        Caribbean.
                    (B) Conditions of service as member.--The member 
                described in subparagraph (A) shall serve in an 
                advisory capacity and for a 2-year term.
    (c) Duties.--The Committee shall--
            (1) assist in the development of guidelines for the 
        solicitation of proposals for projects eligible for financial 
        assistance under section 4;
            (2) promote participation in the program established under 
        section 4 by public and private non-Federal entities; and
            (3) review and recommend to the Secretary proposals for 
        financial assistance that meet the requirements specified in 
        section 4 and any other criteria established by the Committee.
    (d) Meetings.--The Committee shall hold such meetings as are 
necessary to carry out the duties of the Committee.
    (e) Compensation.--
            (1) In general.--Subject to paragraph (2), a member of the 
        Committee shall not receive any compensation for the service of 
        the member on the Committee.
            (2) Travel expenses.--A member of the Committee shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from the home or regular place of business of 
        the member in the performance of services for the Committee.
    (f) Eligibility for Financial Assistance.--An entity represented by 
a member of the Committee shall not be eligible to receive financial 
assistance under this Act.

SEC. 6. DUTIES OF SECRETARY.

    (a) Assistance to Committee.--The Secretary shall facilitate 
consideration of projects described in section 4(a) by the Committee 
and otherwise assist the Committee in carrying out its duties under 
this Act.
    (b) Other Duties.--In carrying out this Act, the Secretary shall--
            (1) develop and oversee agreements to provide financial 
        assistance under section 4;
            (2) seek cooperators described in section 7;
            (3) translate documents into Spanish as necessary; and
            (4) generally manage implementation of this Act.
    (c) Funding.--The Secretary may use funds described in section 9(b) 
to carry out this section.

SEC. 7. COOPERATION.

    In carrying out this Act, the Secretary shall cooperate with 
appropriate entities, including--
            (1) appropriate officials in countries where projects 
        authorized by this Act are proposed to be carried out or are 
        being carried out;
            (2) the heads of other Federal agencies; and
            (3) entities carrying out, as of the date of enactment of 
        this Act, initiatives that support bird conservation in Latin 
        America and the Caribbean, such as Partners in Flight, the 
        North American Waterfowl Management Plan, the Western 
        Hemisphere Shorebird Reserve Network, Winged Ambassadors, the 
        Latin America small grants program of the American Bird 
        Conservancy, and Wings of the Americas.

SEC. 8. REPORT TO CONGRESS.

    Not later than December 31, 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. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this Act $4,000,000 for each of fiscal years 1999 through 2001, to 
remain available until expended.
    (b) Administrative Expenses.--For each fiscal year, of the amounts 
made available to carry out this Act under subsection (a), the 
Secretary may use not more than 10 percent to pay administrative 
expenses incurred in carrying out this Act.
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