[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 381 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 381

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 19, 1999

Mr. Greenwood (for himself, Mr. Boehlert, Mrs. Johnson of Connecticut, 
and Mr. Shays) introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 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, 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 by local entities;
            (5) to provide financial resources for projects that 
        support neotropical migratory bird conservation;
            (6) to promote the effective conservation of neotropical 
        migratory birds in the Western Hemisphere through collaboration 
        at all levels of society; and
            (7) to link, bolster, and augment successful existing 
        neotropical migratory bird conservation efforts, rather than 
        creating new and separate initiatives.

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, 
        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 of the costs of each project shall be covered 
                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 the 
                non-Federal share provided under subparagraph (A), the 
                entity submitting the proposal for a project to be 
                assisted under this Act shall obtain matching support 
                from local entities in the country in which the project 
                is carried out, including corporations and business 
                interests, sufficient to pay not less than 50 percent 
                of the non-Federal share of the costs of the project.
                    (C) Form of payment by united states and 
                international entities.--In the case of a project 
                submitted by an entity in the United States, the non-
                Federal share shall be paid in cash. In the case of a 
                project submitted by any other entity, the non-Federal 
                share may be provided in the form of cash or in-kind 
                contributions.

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) Voting members.--The Committee shall have 14 voting 
        members, appointed as follows:
                    (A) 8 members appointed by the Secretary, 1 of whom 
                shall be designated by the Secretary to chair the 
                Committee. Six of the members appointed under this 
                subparagraph shall be appointed from individuals 
                representing non-Federal entities having a strong 
                interest in neotropical bird conservation. Members 
                appointed under this subparagraph shall serve a term of 
                2 years. Appointments under this subparagraph shall be 
                rotated among various non-Federal entities.
                    (B) 1 member appointed by the International 
                Association of Fish and Wildlife Agencies, who shall 
                not be required to be an officer or employee of the 
                Association.
                    (C) 1 member 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.
                    (D) 1 member appointed by the Speaker of the House 
                of Representatives.
                    (E) 1 member appointed by the Majority Leader of 
                the Senate.
                    (F) 1 member appointed by the Director of the 
                Agency for International Development.
                    (G) 1 member appointed by the Secretary of State.
            (2) Nonvoting member.--The Secretary shall ensure that one 
        representative of Canada is allowed to attend meetings of the 
        Committee as an observer.
                    (A) In general.--The Committee shall include 3 
                nonvoting members appointed by the Director of the 
                United States Fish and Wildlife Service, 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.--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;
            (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; 
        and
            (4) coordinate and facilitate grant processes under this 
        Act 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) 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, 2004, 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 2000 through 2002, 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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