[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 39 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                 H. R. 39

  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 6, 1999

Mr. Young of Alaska (for himself, Mr. Saxton, and Mr. George Miller of 
 California) 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.

    The Congress finds the following:
            (1) Neotropical migratory bird populations in nations 
        within the range of neotropical migratory birds have continued 
        to decline to the point that the long-term survival of various 
        species in the wild is in jeopardy.
            (2) 90 North American bird species are listed as endangered 
        species or threatened species under section 4 of the Endangered 
        Species Act of 1973, and 124 species of migratory birds are 
        currently on the United States Fish and Wildlife Service's List 
        of Migratory Nongame Birds of Management Concern.
            (3) The United States, through 4 bilateral treaties, has 
        responsibility of maintaining healthy populations of 778 
        species of migratory nongame birds and 58 species of migratory 
        game birds that migrate between the Caribbean, Latin America, 
        and North America.
            (4) The Government of Mexico presently lists approximately 
        390 bird species as endangered, threatened, vulnerable, or 
        rare.
            (5) Healthy bird populations provide important economic 
        benefits, such as control of detrimental insects on 
        agricultural crops, thus preventing the loss of millions of 
        dollars each year to farming and timber interests.
            (6) Neotropical migratory birds travel across many 
        international borders, therefore the conservation of these 
        species requires that safeguards be established at both the 
        beginning and end of the migration routes, as well as at 
        essential stopover areas along the way.
            (7) Because the challenges facing the conservation of 
        neotropical migratory birds are so great, resources to date 
        have not been sufficient to cope with continued loss of habitat 
        and the consequent reduction of neotropical migratory bird 
        populations.
            (8) To reduce, remove, or otherwise effectively address 
        these treaties through the long-term viability of populations 
        of neotropical migratory birds in the wild will require the 
        joint commitment and efforts of nations within the range of 
        neotropical migratory birds and the private sector.
            (9) A Neotropical Migratory Bird Conservation fund would 
        much-needed support for projects aimed at protecting critical 
        habitat for declining migratory bird species, in an innovative 
        way that promotes conservation partnerships and cost sharing 
        through joint Federal and non-Federal support mechanisms.

SEC. 3. PURPOSES.

    The purposes of this Act are the following:
            (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.
            (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 priority 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.

    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.

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 
in the future.

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 2000 through 2004, 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.
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