[Congressional Record Volume 146, Number 82 (Monday, June 26, 2000)]
[House]
[Pages H5095-H5097]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT

  Mr. SHERWOOD. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 148) to require the Secretary of the Interior to 
establish a program to provide assistance in the conservation of 
neotropical migratory birds, as amended.
  The Clerk read as follows:

                                 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--

[[Page H5096]]

       (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 the 
     United States, Latin America, or the Caribbean;
       (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 25 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 3 percent or up to $80,000, whichever is greater, 
     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 $5,000,000 for each of fiscal years 2001 
     through 2005, to remain available until expended, of which 
     not less than 75 percent of the amounts made available for 
     each fiscal year shall be expended for projects carried out 
     outside the United States.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania (Mr. Sherwood) and the gentleman from California (Mr. 
George Miller) each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania (Mr. Sherwood).
  Mr. SHERWOOD. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I am pleased to support the Neotropical Migratory Bird 
Conservation Act. Neotropical migrants are birds that travel across 
international borders and depend upon thousands of miles of suitable 
habitat. Each autumn some 5 billion birds from 500 species migrate 
between their breeding grounds in North America and their tropical 
homes in the Caribbean and Latin America.
  Regrettably, the population of many Neotropical migratory bird 
species has declined to dangerously low levels. There are many reasons 
for this population collapse, including hazards along migratory routes, 
pesticide use, and loss of essential habitat.

[[Page H5097]]

  While S. 148 will not solve all the problems facing neotropical 
migratory birds, it is a positive step. Under this bill, we would 
create a neotropical migratory bird conservation account. This account 
would be used to finance worthwhile conservation projects approved by 
the Secretary of the Interior. I urge an ``aye'' vote on S. 148.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such 
time as I may consume.
  Mr. Speaker, I support S. 148, the Neotropical Migratory Bird 
Conservation Act, and have cosponsored its companion in the House with 
the chairman of the Committee on Resources, the gentleman from Alaska 
(Mr. Young).
  As the gentleman from Pennsylvania pointed out, this is a rather 
dramatic migration of billions of birds that takes place every year, 
but the populations of many of these birds are, in fact, threatened. 
This legislation is designed to take a proactive approach to reversing 
the decline of the neotropical migratory birds' populations.
  Mr. Speaker, I urge the House to support this bill.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.


                             General Leave

  Mr. SHERWOOD. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and to include extraneous material on S.148, the Senate bill now under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  Mr. YOUNG of Alaska. Mr. Speaker, I am pleased to present to the 
House S. 148, the Neotropical Migratory Bird Conservation Act.
  Neotropical migrants are birds that travel across international 
borders and depend upon thousands of miles of suitable habitat. Each 
autumn some 5 billion birds from 500 species migrate between their 
breeding grounds in North America and their tropical homes in the 
Caribbean and Latin America.
  Regrettably, the population of many neotropical migratory bird 
species had declined to dangerously low levels. There are many reasons 
for this population collapse including competition among species, 
hazards along migration routes, pesticide use, and loss of essential 
habitat.
  What is lacking is a strategic international plan for bird 
conservation, money for on-the-ground projects, public awareness, and 
any real cooperation between those countries where these birds live.
  While S. 148 will not solve all the problems facing neotropical 
migratory birds, it is a positive step. Under this bill, we would 
create a Neotropical Migratory Bird Conservation Account. This account 
would be used to finance worthwhile conservation projects approved by 
the Secretary of the Interior.
  S. 148 has been adopted by the other body, and today we are 
considering a modified version of that legislation. This bill supports 
conservation initiatives in the Caribbean, Latin America, and the 
United States; extends the authorization period until September 30, 
2005; lowers the Federal matching requirement; reduces the amount of 
administrative expenses; and stipulates that not less than 75 percent 
of the money appropriated under this act must be spent on conservation 
projects undertaken outside the United States. This is simply 
recognition of the fact that most of the problems facing neotropical 
migratory birds occur in foreign migration routes and that every effort 
should be made to spend these limited Federal funds on conservation and 
not bureaucracy.
  Furthermore, as the House author of H.R. 39, I do not expect that any 
of the money appropriated under this act will be spent on land 
acquisition in the United States.
  Finally, I want to thank my good friend, Congressman Richard Pombo, 
for his willingness to work together on this proposal, and I compliment 
Senator Spencer Abraham for his tireless leadership on this important 
conservation measure.
  I urge an ``Aye'' vote on S. 148.
  Mr. SHERWOOD. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Pennsylvania (Mr. Sherwood) that the House suspend the 
rules and pass the Senate bill, S. 148, as amended.
  The question was taken.
  Mr. GEORGE MILLER of California. Mr. Speaker, on that I demand the 
yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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