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






                                                       Calendar No. 521
105th CONGRESS
  2d Session
                                S. 1970

                          [Report No. 105-284]

  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 (for himself, Mr. Daschle, Mr. Allard, Mr. Lugar, Mr. 
 Bingaman, and Mr. Lieberman) introduced the following bill; which was 
  read twice and referred to the Committee on Environment and Public 
                                 Works

                             July 31, 1998

                Reported by Mr. Chafee, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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; <DELETED>and
        </DELETED>    (7)(A) numerous initiatives exist to conserve 
        migratory birds, including Partners in Flight, the Western 
        Hemisphere Shorebird Reserve Network, the North American 
        Waterfowl Management Plan, and monitoring action plans and 
        conservation plans for water birds, marsh birds, and raptors; 
        and
            (B) those initiatives can be significantly strengthened and 
        enhanced by coordination of their efforts to protect habitat 
        shared by migratory birds; and
            <DELETED>(7)</DELETED> (8) 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); <DELETED>and
                </DELETED>    (B) States, conservation organizations, 
                corporations and business interests, and other private 
                entities<DELETED>.</DELETED>; and
                    (C) other initiatives to conserve migratory birds 
                throughout the Americas, by serving as a link among 
                those initiatives.

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 <DELETED>Latin America and the Caribbean</DELETED> 
        Latin America, the Caribbean, and the United States 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 <DELETED>entirely</DELETED> 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 <DELETED>Latin 
        America or the Caribbean</DELETED> Latin America, the 
        Caribbean, or the United States 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.
                <DELETED>    (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.</DELETED>
                    (B) Payment by local entities in foreign 
                countries.--A local entity in a foreign country in 
                which a project is carried out may provide the non-
                Federal share required under this subsection in cash or 
                in-kind contributions from local sources in the 
                country.

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 <DELETED>4</DELETED> 9 
        permanent members of the Committee shall be--
                    (A) <DELETED>2 representatives</DELETED> 1 
                representative of the United States Fish and Wildlife 
                Service, <DELETED>1 of whom</DELETED> who 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; <DELETED>and
                </DELETED>    (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<DELETED>.</DELETED>;
                    (D) 1 representative of the Department of State;
                    (E) 1 representative of the United States Agency 
                for International Development; and
                    (F) 4 individuals, appointed by the Secretary of 
                the Interior, each of whom--
                            (i) shall represent an entity (other than 
                        an entity specified in any of subparagraphs (A) 
                        through (E)) that has strong interest and 
                        involvement in neotropical bird conservation; 
                        and
                            (ii) shall serve for a 2-year term.
            (2) Nonvoting <DELETED>member</DELETED> members.--
                    (A) In general.--The Committee shall include 
                <DELETED>1 nonvoting member who</DELETED> 3 nonvoting 
                members, each of whom--
                            (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.--<DELETED>The</DELETED> 
                Each 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; 
        <DELETED>and
        </DELETED>    (3) review and recommend to the Secretary 
        proposals for financial assistance that meet the requirements 
        specified in section <DELETED>4 and any other criteria 
        established by the Committee.</DELETED> 4; and
            (4) coordinate and facilitate grant processes among 
        entities involved in neotropical bird conservation.
    (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) select proposals for financial assistance;
            <DELETED>(1)</DELETED> (2) develop and oversee agreements 
        to provide financial assistance under section 4;
            <DELETED>(2)</DELETED> (3) seek cooperators described in 
        section 7;
            <DELETED>(3)</DELETED> (4) translate documents into Spanish 
        as necessary; and
            <DELETED>(4)</DELETED> (5) 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.

<DELETED>    (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.</DELETED>
    (a) In General.--There is authorized to be appropriated to the 
Secretary of the Interior to carry out this Act $8,000,000 for each of 
fiscal years 1999 through 2001, to remain available until expended, of 
which not less than 50 percent and not more than 70 percent of the 
amounts made available for each fiscal year shall be expended for 
projects carried out outside the United States.
    (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 <DELETED>10</DELETED> 6 percent to pay 
administrative expenses incurred in carrying out this Act.
                                     





                                                       Calendar No. 521

105th CONGRESS

  2d Session

                                S. 1970

                          [Report No. 105-284]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             July 31, 1998

                        Reported with amendments