II Calendar No. 201 109th CONGRESS 1st Session S. 1410 [Report No. 109–132] 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 September 6, 2005 Reported by Mr. Inhofe, without amendment A BILL To reauthorize the Neotropical Migratory Bird Conservation Act, and for other purposes.

1.

Short title

This Act may be cited as the Neotropical Migratory Bird Conservation Improvement Act of 2005.

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:

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:

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.

.

September 6, 2005 Reported without amendment