[Congressional Record Volume 146, Number 85 (Thursday, June 29, 2000)]
[Senate]
[Pages S6180-S6182]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT
Mr. STEVENS. Mr. President, I ask the Chair lay before the Senate a
message from the House of Representatives on the bill (S. 148), to
require the Secretary of the Interior to establish a program to provide
assistance in the conservation of neotropical migratory birds.
The PRESIDING OFFICER laid before the Senate the following message
from the House of Representatives:
Resolved, That the bill from the Senate (S. 148) entitled
``An Act to require the Secretary of the Interior to
establish a program to provide assistance in the conservation
of neotropical migratory birds'', do pass with the following
amendment:
Strike out all after the enacting clause and insert:
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).
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(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.
Mr. ABRAHAM. Mr. President, the Migratory Bird Conservation Act which
I introduced with the Minority Leader, Senator Daschle, and our late
colleague Senator Chafee, is designed to protect the habitat of the
over 90 endangered species of migratory birds which spend the spring
and summer months in the United States and the winter months in other
Western Hemisphere nations.
This will be the third time this bill has passed the Senate. It
previously cleared the Senate in 1998 and early 1999, but, until
Monday's 384-22 House vote, the legislation was stalled in the other
chamber.
Despite taking almost three years, this legislation remains very
timely. Many bird species of birds are threatened despite the growing
popularity of birdwatching.
Every year approximately 25 million Americans travel to observe
birds, and 60 million American adults watch and feed birds at home.
According to the Fish and Wildlife Service, bird watching and feeding
generates fully $20 billion every year in revenue across America.
Protecting the various species of birds benefits the nation in a
variety of ways. The increased popularity of birdwatching is
increasingly reflected in the new tourist dollars being spent in small,
rural communities. Healthy bird communities also prevent crop failures
and infestations by controlling insect populations, thus saving
hundreds of millions of dollars in economic losses each year to farming
and timber interests. And yet, despite the enormous benefits we derive
from our bird populations, many of them are struggling to survive.
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
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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.
The problem we face in Michigan is simple. 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 of
Michigan will not be enough to save this bird if its winter habitat is
destroyed. The same story is likely true for at least one bird species
in every other state.
Because 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 case 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 teaming
businesses with conservation groups, thus combining capital with know-
how.
These entities will then partner with local organizations in
countries where bird habitat is endangered to help teach the local
people how to preserve and maintain their critical natural habitat.
The 5 year demonstration project created by this Act will provide $5
million each year to help establish cost-sharing, habitat conservation
programs in the United States, Latin America and the Caribbean.
This legislation is proactive, avoids complicated and expensive
bureaucratic structures and will bring needed focus and expertise to
areas now receiving relatively little attention in the area of
environmental degradation. And it has wide support in the environmental
and conservation communities.
This legislation is endorsed by the National Audubon Society, Ducks
Unlimited, the Nature Conservancy, the American Bird Conservancy,
Defenders of Wildlife, the American Forest and Paper Association and
the Conservation Fund. These organizations agree that establishing
partnerships between business, government and nongovernmental
organizations both here and abroad can greatly enhance the protection
of migratory bird habitat.
I want to thank the distinguished minority leader, my original
partner for the past two and one half years, for his hard work and
efforts on behalf of this legislation. His involvement and
perserverance--long with those of Peter Hanson and Eric Washburn of his
staff--helped us overcome a variety of obstacles and pave the way for
this bill to become law.
I also want to thank Senator Bob Smith, Chairman of the Environment
and Public Works Committee, for his efforts to move this legislation
forward. The continuing commitment of the Senate Environment Committee
was essential to bringing this bill to the finish line.
And let me recognize the efforts of Kevin Kolevar of my staff, who
began the work on this bill back in February of 1998.
Finally, Mr. President, I want to recognize the efforts of our former
colleague and friend, Senator John Chafee, who passed away earlier this
year. As chairman of the Environmental Committee, Senator Chafee was a
driving force behind this legislation. Senator Chafee and his committee
staffer, Jason Patlis, shepherded this bill through the Senate twice.
This legislation is yet another addition to the long list of
contributions made by Senator John Chafee to protect our natural
resources for generations.
I can think of no better tribute to Senator Chafee than to send this
bill to the President with a resounding bipartisan vote by the Senate.
Mr. STEVENS. I ask unanimous consent the Senate agree to the
amendment of the House.
The PRESIDING OFFICER. Without objection, it is so ordered.
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