[Congressional Record Volume 145, Number 50 (Tuesday, April 13, 1999)]
[Senate]
[Pages S3660-S3663]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT

  Mr. COCHRAN. Mr. President, I ask unanimous consent that the Senate 
now proceed to the consideration of Calendar No. 79, S. 148.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       A bill (S. 148) to require the Secretary of the Interior to 
     establish a program to provide assistance in the conservation 
     of neotropical migratory birds.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. CHAFEE. Mr. President, I am pleased that the Senate is 
considering S. 148, the Neotropical Migratory Bird Conservation Act of 
1999, introduced by Senator Abraham. I am 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. One program that stands out 
for its success is Partners in Flight, administered by the National 
Fish and Wildlife Foundation. Started in 1990, this program has

[[Page S3661]]

raised more than $41 million for 480 projects for migratory bird 
conservation in the United States and Latin America.
  The program established by S. 148 is intended to support and bolster 
these existing efforts. It does so by creating a comprehensive program 
to address the varied threats facing the numerous species of migratory 
birds across their range. Frequently there is little, if any, 
coordination among existing programs, nor is there any one program that 
serves as a link among them. A broader, more holistic approach would 
strengthen existing efforts, fill the gaps between these programs, and 
promote new initiatives.
  I do not intend that this program would supplant or supersede 
existing efforts, nor do I expect that Federal funds for implementing 
S. 148 be diverted from funds going to these existing efforts. New 
money should go to this new program to assist neotropical migratory 
birds in new ways.
  S. 148 is identical to a bill that was approved by the Senate last 
year, S. 1970, but was never passed by the House. The bill is based on 
bipartisan negotiations with the sponsors of the bill, the House 
Resources Committee, the administration, and the EPW Committee. 
Numerous groups, including conservation groups and the forest products 
industry, have supported this bill.
  The bill allows for the Secretary to establish an advisory group, and 
I urge that the Secretary do so. The success of this initiative will 
depend on close collaboration with public and private organizations 
involved in the conservation of migratory birds.
  I am very pleased with the legislation. I urge my colleagues to 
support it, and urge its speedy enactment. Thank you, Mr. President. I 
yield the floor.
  Mr. ABRAHAM. Mr. President, today the Senate again will pass 
legislation to protect the habitat of the broad range of migratory 
birds which spend the spring and summer months in the United States. 
This legislation, which I introduced with my distinguished colleagues, 
Senator Daschle and Senator Chafee, is designed to protect over 90 
endangered species of bird spending certain seasons in the United 
States and other seasons in other nations of the West Hemisphere. This 
is actually the second time this legislation has passed the Senate. 
Last year, after receiving considerable support from the environmental 
and conservation communities, this legislation passed the Senate by 
Unanimous consent. Unfortunately, time ran out for equal consideration 
in the House. Nevertheless, this year we returned with renewed 
determination and were able to again move this bill.
  Every year, Mr. President, 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.
  Birdwatching is a popular activity in Michigan, and its increased 
popularity is reflected by an increase in tourist dollars being spent 
in small, rural communities. 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. In my own state we are working to bring 
the Kirtland's Warbler back from the brink of extinction. A few years 
ago, the population of this distinctive bird has been estimated at 
approximately 200 nesting pairs. Since then, a great deal of work has 
been done by Michigan DNR employees to preserve the Kirtland's Warbler 
habitat in the Bahamas, where they winter. Thanks in large part to this 
effort, the number of breeding pairs has recently increased to an 
estimated 800. This is an easily grasped problem. Since the entire 
species spends half of the year in the Bahamas, the significant efforts 
made by Michigan's Department of Natural Resources and concerned 
residents in Michigan will not be enough to save this bird if its 
winter habitat is degraded or destroyed.
  This situation is not unique, 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.

  That is why Senator Daschle, Senator Chafee and I introduced 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 a 4-year demonstration project providing $8 
million each year to help establish programs in the United States, 
Latin America, and the Caribbean. The greater portion of these funds 
will be focused outside the U.S. Approved programs will manage and 
conserve neotropical migratory bird populations. Those eligible to 
participate will include national and international nongovernmental 
organizations and business interests, as well as U.S. Government 
entities.
  The key to this act is cooperation among nongovernmental 
organizations. The federal share of each project's cost is never to 
exceed 33 percent. For grants awarded outside the United States, the 
non-Federal match can be made with in-kind contributions. This will 
encourage volunteerism and local interest in communities that lack the 
financial resources to contribute currency. Since domestic 
organizations and communities are more financially secure, the matching 
portion of grants awarded within the United States will be required in 
cash.
  The approach taken by this legislation differs from that of current 
programs in that it is proactive and, by avoiding a crisis management 
approach, will prove significantly more cost effective. In addition, 
this legislation does not call for complicated and expensive 
bureaucratic structures such as councils, commissions or multi-tiered 
oversight structures. Further, this legislation will bring needed 
attention and expertise to areas now receiving relatively little 
attention in the area of environmental degradation.
  This legislation has the support of the National Audubon Society, the 
Nature Conservancy, the American Bird Conservancy, Defenders of 
Wildlife, the Ornithological Council, Ducks Unlimited, and the American 
Forest and Paper Association. These organizations agree with Senator 
Daschle, Senator Chafee, and I that, by establishing partnerships 
between business, government and nongovernmental organizations both 
here and abroad we can greatly enhance the protection of migratory bird 
habitat.
  I want to take a moment to comment on the contributions of Senator 
Daschle and Senator Chafee with respect to this bill. For over a year, 
my colleagues and their staffs have dedicated a great deal of time and 
hard work to this legislation. This bill would not have advanced as it 
has, perhaps would not have moved at all, were it not for their 
efforts, and I wish to thank them for all they have done.
  Mr. President, I yield the floor.
  Mr. COCHRAN. I ask unanimous consent that the bill be considered read 
a third time and passed, the motion to reconsider be laid upon the 
table, and that any statements relating to the bill be printed at the 
appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 148) was considered read a third time and passed, as 
follows:

[[Page S3662]]

                                 S. 148

       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.
       (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

[[Page S3663]]

     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 2000 
     through 2003, 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.

                          ____________________