[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.

                          ____________________