[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2454 Reported in Senate (RS)]

                                                       Calendar No. 322

106th CONGRESS

  1st Session

                               H.R. 2454

                          [Report No. 106-188]

_______________________________________________________________________

                                 A BILL

 To assure the long-term conservation of mid-continent light geese and 
    the biological diversity of the ecosystem upon which many North 
  American migratory birds depend, by directing the Secretary of the 
 Interior to implement rules to reduce the overabundant population of 
                       mid-continent light geese.

_______________________________________________________________________

                            October 14, 1999

         Reported with amendments and an amendment to the title





                                                       Calendar No. 322
106th CONGRESS
  1st Session
                                H. R. 2454

                          [Report No. 106-188]

 To assure the long-term conservation of mid-continent light geese and 
    the biological diversity of the ecosystem upon which many North 
  American migratory birds depend, by directing the Secretary of the 
 Interior to implement rules to reduce the overabundant population of 
                       mid-continent light geese.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 3, 1999

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

                            October 14, 1999

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

_______________________________________________________________________

                                 AN ACT


 
 To assure the long-term conservation of mid-continent light geese and 
    the biological diversity of the ecosystem upon which many North 
  American migratory birds depend, by directing the Secretary of the 
 Interior to implement rules to reduce the overabundant population of 
                       mid-continent light geese.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

         TITLE I--ARCTIC TUNDRA HABITAT EMERGENCY CONSERVATION

<DELETED>SECTION 1.</DELETED> SEC. 101. SHORT TITLE.

    This <DELETED>Act</DELETED> title may be cited as the ``Arctic 
Tundra Habitat Emergency Conservation Act''.

<DELETED>SEC. 2.</DELETED> SEC. 102. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) The winter index population of mid-continent light 
        geese was 800,000 birds in 1969, while the total population of 
        such geese is more than 5,200,000 birds today.
            (2) The population of mid-continent light geese is 
        expanding by over 5 percent each year, and in the absence of 
        new wildlife management actions it could grow to more than 
        6,800,000 breeding light geese in 3 years.
            (3) The primary reasons for this unprecedented population 
        growth are--
                    (A) the expansion of agricultural areas and the 
                resulting abundance of cereal grain crops in the United 
                States;
                    (B) the establishment of sanctuaries along the 
                United States flyways of migrating light geese; and
                    (C) a decline in light geese harvest rates.
            (4) As a direct result of this population explosion, the 
        Hudson Bay Lowlands Salt-Marsh ecosystem in Canada is being 
        systematically destroyed. This ecosystem contains approximately 
        135,000 acres of essential habitat for migrating light geese 
        and many other avian species. Biologists have testified that 
        one-third of this habitat has been destroyed, one-third is on 
        the brink of devastation, and the remaining one-third is 
        overgrazed.
            (5) The destruction of the Arctic tundra is having a severe 
        negative impact on many avian species that breed or migrate 
        through this habitat, including the following:
                    (A) Canada Goose.
                    (B) American Wigeon.
                    (C) Dowitcher.
                    (D) Hudsonian Godwit.
                    (E) Stilt Sandpiper.
                    (F) Northern Shoveler.
                    (G) Red-Breasted Merganser.
                    (H) Oldsquaw.
                    (I) Parasitic Jaeger.
                    (J) Whimbrel.
                    (K) Yellow Rail.
            (6) It is essential that the current population of mid-
        continent light geese be reduced by 50 percent by the year 2005 
        to ensure that the fragile Arctic tundra is not irreversibly 
        damaged.
    (b) Purposes.--The purposes of this <DELETED>Act</DELETED> title 
are the following:
            (1) To reduce the population of mid-continent light geese.
            (2) To assure the long-term conservation of mid-continent 
        light geese and the biological diversity of the ecosystem upon 
        which many North American migratory birds depend.

<DELETED>SEC. 3.</DELETED> SEC. 103. FORCE AND EFFECT OF RULES TO 
              CONTROL OVERABUNDANT MID-CONTINENT LIGHT GEESE 
              POPULATIONS.

    (a) Force and Effect.--
            (1) In general.--The rules published by the Service on 
        February 16, 1999, relating to use of additional hunting 
        methods to increase the harvest of mid-continent light geese 
        (64 Fed. Reg. 7507-7517) and the establishment of a 
        conservation order for the reduction of mid-continent light 
        goose populations (64 Fed. Reg. 7517-7528), shall have the 
        force and effect of law.
            (2) Public notice.--The Secretary, acting through the 
        Director of the Service, shall take such action as is necessary 
        to appropriately notify the public of the force and effect of 
        the rules referred to in paragraph (1).
    (b) Application.--Subsection (a) shall apply only during the period 
that--
            (1) begins on the date of the enactment of this Act; and
            (2) ends on the latest of--
                    (A) the effective date of rules issued by the 
                Service after such date of enactment to control 
                overabundant mid-continent light geese populations;
                    (B) the date of the publication of a final 
                environmental impact statement for such rules under 
                section 102(2)(C) of the National Environmental Policy 
                Act of 1969 (42 U.S.C. 4332(2)(C)); and
                    (C) May 15, 2001.
    (c) Rule of Construction.--This section shall not be construed to 
limit the authority of the Secretary or the Service to issue rules, 
under another law, to regulate the taking of mid-continent light geese.

<DELETED>SEC. 4. DEFINITIONS.

</DELETED>SEC. 104. COMPREHENSIVE MANAGEMENT PLAN.

    (a) In General.--Not later than the end of the period described in 
section 103(b), the Secretary shall prepare, and as appropriate 
implement, a comprehensive, long-term plan for the management of mid-
continent light geese and the conservation of their habitat.
    (b) Required Elements.--The plan shall apply principles of adaptive 
resource management and shall include--
            (1) a description of methods for monitoring the levels of 
        populations and the levels of harvest of mid-continent light 
        geese, and recommendations concerning long-term harvest levels;
            (2) recommendations concerning other means for the 
        management of mid-continent light goose populations, taking 
        into account the reasons for the population growth specified in 
        section 102(a)(3);
            (3) an assessment of, and recommendations relating to, 
        conservation of the breeding habitat of mid-continent light 
        geese;
            (4) an assessment of, and recommendations relating to, 
        conservation of native species of wildlife adversely affected 
        by the overabundance of mid-continent light geese, including 
        the species specified in section 102(a)(5); and
            (5) an identification of methods for promoting 
        collaboration with the government of Canada, States, and other 
        interested persons.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000 for each of fiscal 
years 2000 through 2002.

SEC. 105. DEFINITIONS.

    In this <DELETED>Act</DELETED> title:
            (1) Mid-continent light geese.--The term ``mid-continent 
        light geese'' means Lesser snow geese (Anser caerulescens 
        caerulescens) and Ross' geese (Anser rossii) that primarily 
        migrate between Canada and the States of Alabama, Arkansas, 
        Colorado, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, 
        Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, 
        New Mexico, North Dakota, Ohio, Oklahoma, South Dakota, 
        Tennessee, Texas, Wisconsin, and Wyoming.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Service.--The term ``Service'' means the United States 
        Fish and Wildlife Service.

           TITLE II--NEOTROPICAL MIGRATORY BIRD CONSERVATION

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Neotropical Migratory Bird 
Conservation Act''.

SEC. 202. 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. 203. PURPOSES.

    The purposes of this title 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. 204. DEFINITIONS.

    In this title:
            (1) Account.--The term ``Account'' means the Neotropical 
        Migratory Bird Conservation Account established by section 
        209(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. 205. 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 title, 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 title 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. 206. DUTIES OF THE SECRETARY.

    In carrying out this title, the Secretary shall--
            (1) develop guidelines for the solicitation of proposals 
        for projects eligible for financial assistance under section 
        205;
            (2) encourage submission of proposals for projects eligible 
        for financial assistance under section 205, particularly 
        proposals from relevant wildlife management authorities;
            (3) select proposals for financial assistance that satisfy 
        the requirements of section 205, 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 title in accordance with its 
        purposes.

SEC. 207. COOPERATION.

    (a) In General.--In carrying out this title, 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 title 
        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 title, 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. 208. 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 title, including recommendations concerning how 
this title might be improved and whether the program should be 
continued.

SEC. 209. 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 title.
            (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 title.
    (d) Acceptance and Use of Donations.--The Secretary may accept and 
use donations to carry out this title. 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. 210. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Account to carry out 
this title $8,000,000 for each of fiscal years 2000 through 2003, 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.

    Amend the title so as to read: ``An Act to assure the long-term 
conservation of mid-continent light geese and the biological diversity 
of the ecosystem upon which many North American migratory birds depend, 
by directing the Secretary of the Interior to implement rules to reduce 
the overabundant population of mid-continent light geese, and to 
require the Secretary of the Interior to establish a program to provide 
assistance in the conservation of neotropical migratory birds.''.