[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
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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:
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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
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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.
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