[Congressional Record Volume 144, Number 140 (Thursday, October 8, 1998)]
[Senate]
[Pages S12069-S12073]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT
Mr. JEFFORDS. Mr. President, I ask unanimous consent that the Senate
proceed to the consideration of Calendar No. 521, S. 1970.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
A bill (S. 1970) to require the Secretary of the Interior
to establish a program to provide assistance in the
conservation of neotropical migratory birds.
The PRESIDING OFFICER. Is there objection to the immediate
consideration of the bill?
There being no objection, the Senate proceeded to consider the
bill which had been reported from the Committee on Environment and
Public Works, with amendments; as follows:
(The parts of the bill intended to be stricken are shown in boldface
brackets and the parts of the bill intended to be inserted are shown in
italic.)
S. 1970
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)(A)numerous initiatives exist to conserve migratory
birds, including Partners in Flight, the Western Hemisphere
Shorebird Reserve Network, the North American Waterfowl
Management Plan, and monitoring action plans and conservation
plans for water birds, marsh birds, and raptors; and
(B) those initiatives can be significantly strengthened and
enhanced by coordination of their efforts to protect habitat
shared by migratory birds; and
[(7)] (8) 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[.] ; and
[[Page S12070]]
(C) other initiatives to conserve migratory birds
throughout the Americas, by serving as a link among those
initiatives.
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 and the Caribbean] 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 [entirely] by local entities;
(5) to provide financial resources for projects that
support neotropical migratory bird conservation; and
(6) to promote the effective conservation of neotropical
migratory birds in the Western Hemisphere through
collaboration at all levels of society.
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
or the Caribbean] 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 required to
be paid for each project shall be paid, in cash, 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 funds paid
under subparagraph (A), the entity submitting the proposal
for a project to be assisted under this Act shall seek
matching funds, in the form of cash or in-kind contributions,
from local entities in the country in which the project is
carried out, including corporations and business interests.]
(B) Payment by local entities in foreign countries.--A
local entity in a foreign country in which a project is
carried out may provide the non-Federal share required under
this subsection in cash or in-kind contributions from local
sources in the country.
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) Permanent members.--The [4] 9 permanent members of the
Committee shall be--
(A) [2 representatives] 1 representative of the United
States Fish and Wildlife Service, [1 of whom] who shall chair
the Committee;
(B) 1 representative appointed by the International
Association of Fish and Wildlife Agencies, who shall not be
required to be an officer or employee of the Association;
[and]
(C) 1 representative 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 representative of the Department of State;
(E) 1 representative of the United States Agency for
International Development; and
(F) 4 individuals, appointed by the Secretary of the
Interior, each of whom--
(i) shall represent an entity (other than an entity
specified in any of subparagraphs (A) through (E)) that has
strong interest and involvement in neotropical bird
conservation; and
(ii) shall serve for a 2-year term.
(2) Nonvoting [member] members.--
(A) In general.--The Committee shall include [1 nonvoting
member who] 3 nonvoting members, 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] Each 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; [and]
(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.] 4; and
(4) coordinate and facilitate grant processes 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) select proposals for financial assistance;
[(1)] (2) develop and oversee agreements to provide
financial assistance under section 4;
[(2)] (3) seek cooperators described in section 7;
[(3)] (4) translate documents into Spanish as necessary;
and
[(4)] (5) 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, 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. 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 1999
through 2001, to remain available until expended.]
(a) In General.--There is authorized to be appropriated to
the Secretary of the Interior to carry out this Act
$8,000,000 for each of fiscal years 1999 through 2001, to
remain available until expended, of which not less than 50
percent and not more than 70 percent of the amounts made
available for each fiscal year
[[Page S12071]]
shall be expended for projects carried out outside the United
States.
(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] 6 percent to
pay administrative expenses incurred in carrying out this
Act.
Amendment No. 3796
(Purpose: To provide a complete substitute)
Mr. JEFFORDS. I ask unanimous consent the committee amendments be
withdrawn. Senator Chafee has a substitute at the desk, and I ask for
its consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.
The legislative clerk read as follows:
The Senator from Vermont (Mr. Jeffords), for Mr. Chafee,
proposes an amendment numbered 3796.
(The text of the amendment is printed in today's Record under
``Amendments Submitted.'')
Mr. CHAFEE. Mr. President, I am pleased that the Senate is
considering S. 1970, the Neotropical Migratory Bird Conservation Act of
1998, introduced by Senator Abraham. I am also pleased to be a
cosponsor of this legislation. The bill would establish a program to
provide financial assistance for projects to promote the conservation
of neotropical migratory birds in the United States, Latin America and
the Caribbean.
Each autumn, some 5 billion birds from 500 species migrate between
their breeding grounds in North America and tropical habitats in the
Caribbean, Central and South America. These neotropical migrants--or
New World tropical migrants--are birds that migrate between the
biogeographic region stretching across Mexico, Central America, much of
the Caribbean, and the northern part of South America.
The natural challenges facing these migratory birds are profound.
These challenges have been exacerbated by human-induced impacts,
particularly the continuing loss of habitat in the Caribbean and Latin
America. As a result, populations of migratory birds have declined
generally in recent years.
While there are numerous efforts underway to protect these species
and their habitat, they generally focus on specific groups of migratory
birds or specific regions in the Americas. There is a need for a more
comprehensive program to address the varied and significant threats
facing the numerous species of migratory birds across their range.
Frequently there is little, if any, coordination among the existing
programs, nor is there any one program that serves as a link among
them. A broader, more holistic approach would bolster existing
conservation efforts and programs, fill the gaps between these
programs, and promote new initiatives.
S. 1970 encompasses this new approach. Today, I am offering an
amendment in the nature of a substitute to the bill. This amendment
makes numerous changes to the bill as approved by the EPW Committee.
These changes have been incorporated based on very constructive,
bipartisan negotiations with the sponsors of the bill, the House
Resources Committee, the Administration, and the EPW Committee.
One major change between this amendment and the reported bill relates
to the advisory group. Formation of the group is now discretionary on
the part of the Secretary. I urge, however, that the Secretary convene
a group to assist in implementing the legislation. The success of this
initiative will depend on close collaboration with public and private
organizations involved in the conservation of migratory birds.
Another significant change applies to the funding levels. While the
Federal share remains no more than 33 percent, the non-Federal share
has been changed so that for projects in the U.S., the non-Federal
share must be paid in cash, while in projects outside the U.S., the
non-Federal share may be entirely in-kind contributions. This change is
intended to create an incentive, and provide flexibility, for
undertaking projects outside the United States. To complement this
change, the substitute amendment eliminates the limitation that no more
than 70 percent of appropriated funds may be used for projects outside
the United States.
Other changes include a clarification of the purposes section,
inclusion of a definitions section, and changes to the section
enumerating duties of the Secretary, given the elimination of the
advisory committee. In addition, several changes were made to reflect a
desire that projects be developed with the support of the relevant
wildlife management authorities of the country. This change recognizes
the need to collaborate conservation efforts among both public and
private sectors, and at local and national levels.
I believe that this amendment greatly improves the bill, and I am
very pleased with the legislation. I urge my colleagues to support, and
urge its speedy enactment.
Thank you, Mr. President. I yield the floor.
Mr. ABRAHAM. Mr. President, the Senate today will pass compromise
legislation worked out between the House and Senate, and between
Congress and the President, regarding migratory birds.
I thank Senator Daschle, who is an original cosponsor of this
legislation, along with Senator Chafee, for their support and
assistance in formulating legislation which I have been told the
President will sign.
Mr. President, the ``Neotropical Migratory Bird Conservation Act of
1998'' is designed to protect over 90 endangered species of bird
spending certain seasons in the United States and the rest of the year
in other nations of the Western Hemisphere. In doing so, it will
protect the environmental, economic, recreational, and aesthetic
benefits these birds provide to the United States and to the Western
Hemisphere as a whole.
Every year approximately 25 million Americans travel to observe
birds, and 60 million American adults watch and feed birds at home.
Bird-watching is a source of great pleasure to many Americans, as
well as a source of important revenue to states, like my own state of
Michigan, which attract tourists to their scenes of natural beauty.
Bird-watching and feeding generates fully $20 billion every year in
revenue across America.
Healthy bird populations also prevent hundreds of millions of dollars
in economic losses each year to farming and timber interests. They help
control insect populations, thereby preventing crop failures and
infestations.
Despite the enormous benefits we derive from our bird populations,
many of them are struggling to survive. Ninety species are listed as
endangered or threatened in the United States. Another 124 species are
of high conservation concern. The primary reason for these declines is
the degradation and loss of bird habitat.
What makes this all the more troubling is that efforts in the United
States to protect these birds' habitats can be of only limited utility.
Among bird watchers' favorites, many neotropical birds are endangered
or of high conservation concern.
And several of the most popular neotropical species, including
bluebirds, robins, goldfinches, and orioles, migrate to and from the
Caribbean and Latin America.
Because neotropical migratory birds range across a number of
international borders every year, we must work to establish safeguards
at both ends of their migration routes, as well as at critical stopover
areas along their way. Only in this way can conservation efforts prove
successful.
Mr. President, this is the motivation behind the ``Neotropical
Migratory Bird Conservation Act.'' This legislation will protect bird
habitats across international boundaries by establishing partnerships
between the business community, nongovernmental organizations and
foreign nations.
By teaming businesses with international organizations concerned to
protect the environment we can combine capital with know-how. By
partnering these entities with local organizations in countries where
bird habitat is endangered we can see to it that local people receive
the training they need to preserve this habitat and maintain this
critical natural resource.
This act establishes an account with $8 million appropriated from the
treasury, to be supplemented by donations from private or public
sources, to help establish programs in the U.S. Latin America and the
Caribbean.
These programs will manage and conserve neotropical migratory bird
populations.
[[Page S12072]]
Those eligible to participate will include national and international
governmental and nongovernmental organizations and business interests,
as well as U.S. government entities.
This act was formulated with the understanding that the key to
environmental success is cooperation among nongovernmental
organizations. Thus the federal share of each project's cost will never
exceed 33 percent. In order to foster support in communities here and
abroad, the nonfederal share for projects may be in cash or inkind
contributions.
The approach taken by this legislation is different from all-too many
existing programs. It is proactive, and it avoids a crisis management
approach. I am convinced that it will prove significantly more cost
effective than current programs.
In addition, Mr. President, this legislation will bring needed
attention and expertise to areas now receiving relatively little
attention in the area of environmental degradation.
By establishing partnerships between business, government and
nongovernmental organizations both here and abroad we can greatly
enhance the protection of migratory bird habitat throughout our
hemisphere.
Mr. President, this bill is a major step forward for us, and I think
it will be seen as one of the key environmental measures passed by this
Congress. I thank my colleagues for the support of this legislation
that I have received.
Mr. JEFFORDS. I ask unanimous consent that the amendment be agreed
to, the bill be read a third time and passed, the motion to reconsider
be laid upon the table, and that any statements relating to the bill
appear in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 3796) was agreed to.
The bill (S. 1970), as amended, was agreed to.
S. 1970
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 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 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.
[[Page S12073]]
(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 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 1999
through 2002, 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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