[Congressional Record (Bound Edition), Volume 146 (2000), Part 9]
[Senate]
[Pages 13055-13056]
[From the U.S. 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).
       (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

[[Page 13056]]

     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 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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