[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 148 Enrolled Bill (ENR)]
S. 148
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
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) 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. 3. PURPOSES.
The purposes of this Act 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. 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 the United States, Latin
America, or the Caribbean;
(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 25 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 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 Act in accordance with its
purposes.
SEC. 7. COOPERATION.
(a) In General.--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.
(b) Advisory Group.--
(1) In general.--To assist in carrying out this Act, 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. 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.
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 3 percent or up to $80,000, whichever is greater, 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 $5,000,000 for each of fiscal years 2001 through 2005, to
remain available until expended, of which not less than 75 percent of
the amounts made available for each fiscal year shall be expended for
projects carried out outside the United States.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.