[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1410 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1410

To reauthorize the Neotropical Migratory Bird Conservation Act, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 14, 2005

 Mr. Chafee (for himself, Mr. Jeffords, Mrs. Clinton, Mr. Lautenberg, 
Mr. Voinovich, and Mr. Crapo) introduced the following bill; which was 
  read twice and referred to the Committee on Environment and Public 
                                 Works

_______________________________________________________________________

                                 A BILL


 
To reauthorize the Neotropical Migratory Bird Conservation Act, and for 
                            other purposes.

    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 Improvement Act of 2005''.

SEC. 2. AMENDMENTS TO NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT.

    (a) Findings.--Section 2(1) of the Neotropical Migratory Bird 
Conservation Act (16 U.S.C. 6101(1)) is amended by inserting ``, but 
breed in Canada and the United States'' after ``the Caribbean''.
    (b) Purposes.--Section 3(2) of the Neotropical Migratory Bird 
Conservation Act (16 U.S.C. 6102(2)) is amended by inserting 
``Canada,'' after ``United States,''.
    (c) Definition of Caribbean.--Section 4 of the Neotropical 
Migratory Bird Conservation Act (16 U.S.C. 6103) is amended--
            (1) by redesignating paragraph (3) as paragraph (4);
            (2) by striking paragraph (1) and inserting the following:
            ``(1) Caribbean.--The term `Caribbean' includes Puerto Rico 
        and the United States Virgin Islands.''; and
            (3) by inserting after paragraph (2) the following:
            ``(3) Fund.--The term `Fund' means the Neotropical 
        Migratory Bird Conservation Fund established by section 
        9(a).''.
    (d) Project Proposals.--Section 5(c)(2) of the Neotropical 
Migratory Bird Conservation Act (16 U.S.C. 6104(c)(2)) is amended by 
inserting ``Canada,'' after ``United States,''.
    (e) Cost Sharing.--Section 5(e) of the Neotropical Migratory Bird 
Conservation Act (16 U.S.C. 6104(e)) is amended--
            (1) in paragraph (1), by striking ``25 percent'' and 
        inserting ``50 percent''; and
            (2) in paragraph (2), by striking subparagraph (B) and 
        inserting the following:
                    ``(B) Form of payment.--
                            ``(i) Projects in the united states and 
                        canada.--The non-Federal share required to be 
                        paid for a project carried out in the United 
                        States or Canada shall be paid in cash.
                            ``(ii) Projects in latin america and the 
                        caribbean.--The non-Federal share required to 
                        be paid for a project carried out in Latin 
                        America or the Caribbean may be paid in cash or 
                        in kind.''.
    (f) Report.--Section 8 of the Neotropical Migratory Bird 
Conservation Act (16 U.S.C. 6107) is amended--
            (1) by striking ``October 1, 2002,'' and inserting ``2 
        years after the date of enactment of the Neotropical Migratory 
        Bird Conservation Improvement Act of 2005,'';
            (2) by striking ``this Act, including recommendations'' and 
        inserting ``this Act that includes--
            ``(1) recommendations'';
            (3) by striking the period at the end and inserting ``; 
        and''; and
            (4) by adding at the end the following:
            ``(2) a description of the activities of the advisory group 
        convened under section 7(b).''.
    (g) Neotropical Migratory Bird Conservation Fund.--
            (1) In general.--Section 9 of the Neotropical Migratory 
        Bird Conservation Act (16 U.S.C. 6108) is amended--
                    (A) by striking the section heading and all that 
                follows through subsection (b) and inserting the 
                following:

``SEC. 9. NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND.

    ``(a) Establishment.--There is established in the Treasury a 
separate account to be known as the `Neotropical Migratory Bird 
Conservation Fund', which shall consist of amounts deposited in the 
Fund by the Secretary of the Treasury under subsection (b).
    ``(b) Deposits in the Fund.--The Secretary of the Treasury shall 
deposit into the Fund--
            ``(1) all amounts received by the Secretary in the form of 
        donations under subsection (d); and
            ``(2) other amounts appropriated to the Fund.''; and
                    (B) in subsections (c) and (d), by striking 
                ``Account'' each place it appears and inserting 
                ``Fund''.
            (2) Administrative expenses.--Section 9(c)(2) of the 
        Neotropical Migratory Bird Conservation Act (16 U.S.C. 
        6108(c)(2)) is amended by striking ``$80,000'' and inserting 
        ``$150,000''.
            (3) Transfer.--The Secretary of the Treasury shall transfer 
        to the Neotropical Migratory Bird Conservation Fund amounts 
        that were in the Neotropical Migratory Bird Conservation 
        Account immediately before the date of enactment of this Act.
    (h) Authorization of Appropriations.--Section 10 of the Neotropical 
Migratory Bird Conservation Act (16 U.S.C. 6109) is amended to read as 
follows:

``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to the 
Fund to carry out this Act--
            ``(1) $5,000,000 for each of fiscal years 2006 and 2007;
            ``(2) $8,000,000 for fiscal year 2008; and
            ``(3) $10,000,000 for each of fiscal years 2009 and 2010.
    ``(b) Availability.--Amounts made available under this section 
shall remain available until expended.
    ``(c) Allocation.--Of amounts made available under this section for 
a fiscal year, not less than 75 percent shall be expended for projects 
carried out outside the United States.''.
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