[Congressional Record Volume 145, Number 156 (Monday, November 8, 1999)]
[Senate]
[Pages S14311-S14313]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            ARCTIC TUNDRA HABITAT EMERGENCY CONSERVATION ACT

  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the Senate 
now proceed to the consideration of calendar No. 322, H.R. 2454.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 2454) to assure the long-term conservation of 
     mid-continent light geese and the biological diversity of the 
     ecosystem upon which many North American migratory birds 
     depend, by directing the Secretary of the Interior to 
     implement rules to reduce the overabundant population of mid-
     continent light geese.

  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 as shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italic.)
       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

         TITLE I--ARCTIC TUNDRA HABITAT EMERGENCY CONSERVATION

     [SECTION 1.] SEC. 101. SHORT TITLE.

       This [Act] title may be cited as the ``Arctic Tundra 
     Habitat Emergency Conservation Act''.

     [SEC. 2.] SEC. 102. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress finds the following:
       (1) The winter index population of mid-continent light 
     geese was 800,000 birds in 1969, while the total population 
     of such geese is more than 5,200,000 birds today.
       (2) The population of mid-continent light geese is 
     expanding by over 5 percent each year, and in the absence of 
     new wildlife management actions it could grow to more than 
     6,800,000 breeding light geese in 3 years.
       (3) The primary reasons for this unprecedented population 
     growth are--
       (A) the expansion of agricultural areas and the resulting 
     abundance of cereal grain crops in the United States;
       (B) the establishment of sanctuaries along the United 
     States flyways of migrating light geese; and
       (C) a decline in light geese harvest rates.
       (4) As a direct result of this population explosion, the 
     Hudson Bay Lowlands Salt-Marsh ecosystem in Canada is being 
     systematically destroyed. This ecosystem contains 
     approximately 135,000 acres of essential habitat for 
     migrating light geese and many other avian species. 
     Biologists have testified that one-third of this habitat has 
     been destroyed, one-third is on the brink of devastation, and 
     the remaining one-third is overgrazed.
       (5) The destruction of the Arctic tundra is having a severe 
     negative impact on many avian species that breed or migrate 
     through this habitat, including the following:
       (A) Canada Goose.
       (B) American Wigeon.
       (C) Dowitcher.
       (D) Hudsonian Godwit.
       (E) Stilt Sandpiper.
       (F) Northern Shoveler.
       (G) Red-Breasted Merganser.
       (H) Oldsquaw.
       (I) Parasitic Jaeger.
       (J) Whimbrel.
       (K) Yellow Rail.
       (6) It is essential that the current population of mid-
     continent light geese be reduced by 50 percent by the year 
     2005 to ensure that the fragile Arctic tundra is not 
     irreversibly damaged.
       (b) Purposes.--The purposes of this [Act] title are the 
     following:
       (1) To reduce the population of mid-continent light geese.
       (2) To assure the long-term conservation of mid-continent 
     light geese and the biological diversity of the ecosystem 
     upon which many North American migratory birds depend.

     [SEC. 3.] SEC. 103. FORCE AND EFFECT OF RULES TO CONTROL 
                   OVERABUNDANT MID-CONTINENT LIGHT GEESE 
                   POPULATIONS.

       (a) Force and Effect.--
       (1) In general.--The rules published by the Service on 
     February 16, 1999, relating to use of additional hunting 
     methods to increase the harvest of mid-continent light geese 
     (64 Fed. Reg. 7507-7517) and the establishment of a 
     conservation order for the reduction of mid-continent light 
     goose populations (64 Fed. Reg. 7517-7528), shall have the 
     force and effect of law.
       (2) Public notice.--The Secretary, acting through the 
     Director of the Service, shall take such action as is 
     necessary to appropriately notify the public of the force and 
     effect of the rules referred to in paragraph (1).
       (b) Application.--Subsection (a) shall apply only during 
     the period that--
       (1) begins on the date of the enactment of this Act; and
       (2) ends on the latest of--
       (A) the effective date of rules issued by the Service after 
     such date of enactment to control overabundant mid-continent 
     light geese populations;
       (B) the date of the publication of a final environmental 
     impact statement for such rules under section 102(2)(C) of 
     the National Environmental Policy Act of 1969 (42 U.S.C. 
     4332(2)(C)); and
       (C) May 15, 2001.
       (c) Rule of Construction.--This section shall not be 
     construed to limit the authority of the Secretary or the 
     Service to issue rules, under another law, to regulate the 
     taking of mid-continent light geese.

     [SEC. 4. DEFINITIONS.]

     SEC. 104. COMPREHENSIVE MANAGEMENT PLAN.

       (a) In General.--Not later than the end of the period 
     described in section 103(b), the Secretary shall prepare, and 
     as appropriate implement, a comprehensive, long-term plan for 
     the management of mid-continent light geese and the 
     conservation of their habitat.
       (b) Required Elements.--The plan shall apply principles of 
     adaptive resource management and shall include--
       (1) a description of methods for monitoring the levels of 
     populations and the levels of harvest of mid-continent light 
     geese, and recommendations concerning long-term harvest 
     levels;
       (2) recommendations concerning other means for the 
     management of mid-continent light goose populations, taking 
     into account the reasons for the population growth specified 
     in section 102(a)(3);
       (3) an assessment of, and recommendations relating to, 
     conservation of the breeding habitat of mid-continent light 
     geese;
       (4) an assessment of, and recommendations relating to, 
     conservation of native species of wildlife adversely affected 
     by the overabundance of mid-continent light geese, including 
     the species specified in section 102(a)(5); and
       (5) an identification of methods for promoting 
     collaboration with the government of Canada, States, and 
     other interested persons.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $1,000,000 for 
     each of fiscal years 2000 through 2002.

     SEC. 105. DEFINITIONS.

       In this [Act] title:
       (1) Mid-continent light geese.--The term ``mid-continent 
     light geese'' means Lesser snow geese (Anser caerulescens 
     caerulescens) and Ross' geese (Anser rossii) that primarily 
     migrate between Canada and the States of Alabama, Arkansas, 
     Colorado, Illinois, Indiana, Iowa, Kansas, Kentucky, 
     Louisiana, Michigan, Minnesota, Mississippi, Missouri, 
     Montana, Nebraska, New Mexico, North Dakota, Ohio, Oklahoma, 
     South Dakota, Tennessee, Texas, Wisconsin, and Wyoming.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) Service.--The term ``Service'' means the United States 
     Fish and Wildlife Service.

           TITLE II--NEOTROPICAL MIGRATORY BIRD CONSERVATION

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Neotropical Migratory Bird 
     Conservation Act''.

     SEC. 202. 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. 203. PURPOSES.

       The purposes of this title 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. 204. DEFINITIONS.

       In this title:
       (1) Account.--The term ``Account'' means the Neotropical 
     Migratory Bird Conservation Account established by section 
     209(a).

[[Page S14312]]

       (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. 205. 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 title, 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 title 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. 206. DUTIES OF THE SECRETARY.

       In carrying out this title, the Secretary shall--
       (1) develop guidelines for the solicitation of proposals 
     for projects eligible for financial assistance under section 
     205;
       (2) encourage submission of proposals for projects eligible 
     for financial assistance under section 205, particularly 
     proposals from relevant wildlife management authorities;
       (3) select proposals for financial assistance that satisfy 
     the requirements of section 205, 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 title in accordance with its 
     purposes.

     SEC. 207. COOPERATION.

       (a) In General.--In carrying out this title, 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 title 
     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 title, 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. 208. 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 title, including 
     recommendations concerning how this title might be improved 
     and whether the program should be continued.

     SEC. 209. 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 title.
       (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 title.
       (d) Acceptance and Use of Donations.--The Secretary may 
     accept and use donations to carry out this title. 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. 210. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to the Account to 
     carry out this title $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.
  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the 
committee amendments be agreed to.
  The committee amendments were agreed to.


                           Amendment No. 2774

 (Purpose: To assure the long-term conservation of mid-continent light 
                                 geese)

  Mr. GRASSLEY. Mr. President, Senator Abraham has an amendment at the 
desk, and I ask for its consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Iowa [Mr. Grassley], for Mr. Abraham, 
     proposes an amendment numbered 2774.

  The amendment is as follows:

       Strike Title II.

  Mr. ABRAHAM. Mr. President, I rise today to speak on two pieces of 
legislation designed to protect the habitat of this continent's 
migratory birds. Both H.R. 2454, known as the ``Snow Goose'' bill, and 
S. 148, the Neotropical Migratory Bird Conservation Act are intended to 
protect bird habitat, and by extension, the species which frequent 
these lands.
  At the Senate markup last month, Senator Chafee combined these two 
bills in the hopes of passing them as a complete package this year. 
Unfortunately, it has become obvious that this strategy will not work 
because some Members of the House, lacking a better vehicle, intend to 
use the Neotropical Migratory Bird Conservation Act as a tool for 
debating the merits of property rights legislation. Apparently, they do 
not care that in doing so they jeopardize the passage of both bills.
  I want very much for the Congress to pass the Neotropical Migratory 
Bird Conservation Act and am disappointed that the House has failed to 
even bring this issue to the floor. It is an important bill that will 
help ensure that the migratory species which Americans enjoy will 
receive additional protection in their winter habitats.

[[Page S14313]]

  But the Snow Goose is equally important and it is imperative that the 
Congress Act on this legislation as soon as possible. I fear the 
refusal of the House to act on S. 148 jeopardizes the chances of the 
Snow Goose legislation this year. For that reason, I have offered an 
amendment to H.R. 2454 to strip the language pertaining to the 
neotropicals from the text of the Snow Goose bill.
  As part of my agreeing to do this, I have been assured by both the 
Chairman of the House Resources Committee and the Chairman of the 
Subcommittee on Fisheries Conservation, Wildlife and Oceans that they 
will do everything they can to assure that the Neotropical Migratory 
Bird Conservation Act is considered by the full House early next year. 
I am encouraged by their support and wish to thank them for their 
willingness to try to move this legislation.
  Therefore, I believe that removing the text of the Neotropical 
Migratory Bird Conservation Act is only a short-term setback. I am 
confident that once the full House has the opportunity to consider this 
legislation that a good bill will emerge from that respected body. I 
urge my colleagues to pass H.R. 2454, as amended.
  Mr. GRASSLEY. Mr. President, 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 any statements 
relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2774) was agreed to.
  The bill (H.R. 2454), as amended, was read the third time and passed.

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