[House Report 105-522]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-522
_______________________________________________________________________


 
             WETLANDS AND WILDLIFE ENHANCEMENT ACT OF 1998

                                _______
                                

  May 11, 1998.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2556]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 2556) to reauthorize the North American Wetlands 
Conservation Act and the Partnerships for Wildlife Act, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Wetlands and Wildlife Enhancement Act 
of 1998''.

SEC. 2. REAUTHORIZATION OF NORTH AMERICAN WETLANDS CONSERVATION ACT.

  Section 7(c) of the North American Wetlands Conservation Act (16 
U.S.C. 4406(c)) is amended by striking ``not to exceed'' and all that 
follows through the end of the sentence and inserting ``not to exceed 
$30,000,000 for each of fiscal years 1999 through 2003.''.

SEC. 3. REAUTHORIZATION OF PARTNERSHIPS FOR WILDLIFE ACT.

  Section 7105(h) of the Partnerships for Wildlife Act (16 U.S.C. 
3744(h)) is amended by striking ``for each of fiscal years'' and all 
that follows through the end of the sentence and inserting ``not to 
exceed $6,250,000 for each of fiscal years 1999 through 2003.''.

                          Purpose of the Bill

    The purpose of H.R. 2556 is to reauthorize the North 
American Wetlands Conservation Act and the Partnerships for 
Wildlife Act.

                  Background and Need for Legislation

North American Wetlands Conservation Act

    Wetlands are among the world's most productive 
environments. They provide critical habitat for numerous 
species of fish and wildlife, and are particularly important to 
the life cycles of migratory birds and many important fish 
species. Wetlands also serve as natural flood control basins 
and water filters, and wetland degradation is known to have 
negative effects on coastal and riverine water quality. 
Beginning in the 1930s, alarming declines in migratory bird 
populations spurred interest in improving wetland conservation, 
and many Federal, State, and private programs to reduce wetland 
loss have developed since that time.
    In 1986, the United States and Canada signed the North 
American Waterfowl Management Plan, which established 
cooperative international efforts to reverse the declines in 
waterfowl populations and their habitats. Mexico later joined 
the pact. Congress recognized that conservation of migratory 
birds of importance to the United States requires a broad 
approach to habitat conservation across the entire 
international range of these species, and enacted the North 
American Wetlands Conservation Act (NAWCA) in 1989.
    This Act provides a funding mechanism for cooperative 
public-private wetlands conservation programs which support the 
goals of the North American Waterfowl Management Plan. Funding 
for these projects comes from four Federal sources: interest 
from short-term investment of the Federal Aid in Wildlife 
Restoration Fund (also known as the ``Pittman-Robertson 
Fund''), which contains revenues from taxes on firearms, 
ammunition, bows, and arrows; fines and forfeitures imposed for 
violations of the Migratory Bird Treaty Act; a portion of the 
Sport Fish Restoration Fund (revenues from taxes on fishing and 
marine recreation-related products); and additional direct 
appropriations.
    NAWCA established the North American Wetlands Conservation 
Council, which has nine members representing Federal and State 
fish and wildlife agencies, nonprofit organizations 
participating in wetland conservation, and the National Fish 
and Wildlife Foundation, to oversee the distribution of NAWCA 
funds. Any Federal, State, local, or private organization may 
apply for a grant to conduct a wetlands conservation project in 
North America. These projects usually consist of purchasing 
wetlands outright or obtaining conservation easements, but can 
also include wetlands restoration and, for projects in Mexico, 
some educational and management activities. All grants must be 
matched by non-Federal funds. On average, every Federal dollar 
spent under NAWCA is matched by $2.41 in other funds. Projects 
receiving NAWCA funds are normally required to ensure the long-
term (25 years or more) protection of wetlands through fee 
title ownership or perpetual easements.
    NAWCA specifies that 50 to 70 percent of the funds 
available from Pittman-Robertson interest, fines and 
forfeitures, and appropriations must be spent on projects 
within the U.S. The remaining 30 to 50 percent must be spent on 
projects in Canada and Mexico. Funds from the Sport Fish 
Restoration Fund, which are authorized under the Coastal 
Wetlands Planning, Protection, and Restoration Act, must be 
spent on projects that conserve coastal wetlands within a 
coastal State.
    In Fiscal Year 1997, interest on Pittman-Robertson funds 
totaled $24 million. Fines and forfeitures under the Migratory 
Bird Treaty Act totaled $105,000. Sport Fish Restoration Fund 
contributions were $9,749,000. An additional $9,750,000 was 
appropriated. Between four and six percent of these amounts 
(depending on the source) may be used for administrative 
expenses. Thus, $41,016,143 was awarded in grants in 1997, 
funding a total of 74 projects which affected 1,127,575 acres 
of wetlands. Of this amount, $22,827,405 was spent in the U.S., 
$17,288,614 in Canada, and $900,124 in Mexico. In Fiscal Year 
1998, $11.7 million was appropriated for the program.
    Since the first NAWCA grants were awarded in 1991, 497 
projects have been funded. This has resulted in the protection 
of approximately one million acres of wetlands in the U.S. and 
approximately 2.5 million acres in Canada. It is difficult to 
assess how many new acres have been protected in Mexico, as 
many projects there have been education or management projects 
affecting large areas which were not actually purchased.
    In 1994, Congress passed the North American Wetlands 
Conservation Act Amendments. This Act authorized appropriations 
of $20 million for each of Fiscal Years 1995 and 1996, and $30 
million for each of Fiscal Years 1997 and 1998. However, actual 
appropriations did not exceed $15 million in any of these 
years. It also made changes in the matching funds requirement 
to encourage expansion of conservation efforts in Mexico, added 
reporting requirements, and made other technical changes.
    H.R. 2556 would reauthorize appropriations for NAWCA at $30 
million for each of Fiscal Years 1999 through 2002.

Partnerships for Wildlife Act

    Congress enacted the Partnerships for Wildlife Act (PWA) in 
1992 to encourage conservation of nongame fish and wildlife 
species. The PWA created the wildlife Conservation and 
Appreciation Fund which is capitalized by direct appropriations 
and donations. State fish and wildlife agencies may receive 
grants from the Fund for wildlife conservation and appreciation 
projects applicable to nongame, nonendangered species. Federal 
funds must be matched 2 to 1 by non-Federal funds.
    The U.S. Fish and Wildlife Service, in cooperation with the 
National Fish and Wildlife Foundation, reviews and selects 
proposals. In Fiscal Year 1997, the most recent year for which 
results are available, grants from the Fund totaling $773,461 
contributed to a total of 51 projects. Projects that have been 
funded include: a study of the effects of forest management 
practices on bird populations in Oregon; restoration of bat 
hibernacula (caves in which bats sleep during the day) in 
Wisconsin; an investigation of the effects of certain landscape 
management practices on prairie chickens; a landowner's guide 
to conservation on neotropical migrant birds in Georgia; and 
reintroduction of river otters in New York.
    The PWA authorizes $6,250,000 to be appropriated into the 
Fund for each of Fiscal Years 1992 through 1998. In 1998, 
$800,000 was appropriated.
    H.R. 2556 would authorize $6,250,000 to be appropriated 
into the Fund for each of Fiscal Years 1999 through 2003.

                            Committee Action

    H.R. 2556 was introduced on September 25, 1997, by 
Congressman Jim Saxton (R-NJ), Chairman, Subcommittee on 
Fisheries Conservation, Wildlife, and Oceans. The bill was 
referred to the Committee on Resources, and within the 
Committee to the Subcommittee on Fisheries Conservation, 
Wildlife, and Oceans. On October 23, 1997, the Subcommittee 
held a hearing on H.R. 2556. The Committee heard testimony from 
Congressman John Tanner (D-TN); Mr. Don Barry, Acting Assistant 
Secretary, Department of the Interior; Mr. R. Max Peterson, 
Executive Vice President, International Association of Fish and 
Wildlife Agencies; and Mr. Matthew Connolly, Executive Vice 
President, Ducks Unlimited, Inc. All witnesses testified in 
strong support of reauthorization at 1998 authorization levels.
    Mr. Connolly stated, ``Some ask, is this a program that's 
working? I answer that question thusly: the goal of the Act was 
to help bird populations by providing habitat. Over 3.6 million 
more acres of habitat exist today than before the Act was 
signed as a direct result of its work. Duck populations, 
commonly regarded as an indicator species for many species of 
birds, are up 63 percent since its creation. The results speak 
for themselves. * * * But if we are to be prepared for the 
inevitable drought that will return again as they do 
periodically, we must continue to keep this program focused and 
active.''
    On October 30, 1997, the Subcommittee met to mark up H.R. 
2556. Mr. Saxton offered an amendment to increase authorization 
levels from $15 million to $30 million for NAWCA, and from $1 
million to $6.25 million for the Partnerships for Wildlife Act; 
and to extend the authorization period for both Acts from four 
to five years. The amendment was adopted by voice vote, and the 
bill, as amended, was then ordered favorably reported to the 
Full Committee by voice vote. On April 29, 1998, the Full 
Resources Committee met to consider H.R. 2556. No further 
amendments were offered and the bill was then ordered favorably 
reported to the House of Representatives by voice vote.

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
theCommittee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 2556.

                        Cost of the Legislation

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 2556. However, clause 7(d) of that Rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     Compliance With House Rule XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
2556 does contain new budget authority, spending authority, and 
an increase in tax expenditures.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 2556.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
2556 from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                       Washington, DC, May 7, 1998.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2556, the Wetlands 
and Wildlife Enhancement Act of 1997.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis (for federal costs) and Marjorie Miller (for the state and 
local impact).
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).
    Enclosure.

H.R. 2556--Wetlands and Wildlife Enhancement Act of 1997

    Summary: H.R. 2556 would reauthorize, through fiscal year 
2003, appropriations for two programs of the U.S. Fish and 
Wildlife Service (FWS). Specifically, the bill would authorize 
annual appropriations of $30 million and $62.5 million, 
respectively, for programs carried out under the North American 
Wetlands Conservation Act (NAWCA) and the Partnerships for 
Wildlife Act (PWA). The FWS uses appropriations authorized by 
these acts to fund a wide variety of activities including 
matching grants, cooperative projects, and land acquisition.
    Assuming appropriation of the entire amounts authorized, 
CBO estimates that enacting H.R. 2556 would result in 
additional discretionary spending of about $160 million over 
the 1999-2003 period. The legislation would not affect direct 
spending or receipts; therefore, pay-as-you-go procedures would 
not apply. H.R. 2556 does not contain any intergovernmental or 
private-sector mandates as defined in the Unfunded Mandates 
Reform Act of 1995 (UMRA) and would impose no costs on state, 
local, or tribal governments.
    Estimated cost to the Federal Government: The amounts 
authorized by H.R. 2556 are the same as the current 
authorization levels for both programs, but are significantly 
higher than the amounts appropriated for these activities in 
recent years. The 1998 appropriations for NAWCA and PWA are 
$11.7 million and $0.8 million, respectively. For purposes of 
this estimate, CBO assumes that the entire amounts authorized 
will be appropriated for each fiscal year and that outlays will 
follow historical spending patterns for each program. The 
estimated budgetary impact of H.R. 2556 is shown in the 
following table. The costs of this legislation fall within 
budget function 300 (natural resources and environment).

                                    [By fiscal year, in millions of dollars]                                    
----------------------------------------------------------------------------------------------------------------
                                                              1998     1999     2000     2001     2002     2003 
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION                                       
                                                                                                                
Spending under current law:                                                                                     
    Budget authority \1\..................................       13        0        0        0        0        0
    Estimated outlays.....................................       12        4        1        0        0        0
Proposed changes:                                                                                               
    Authorization level...................................        0       36       36       36       36       36
    Estimated outlays.....................................        0       20       32       36       36       36
Spending under H.R. 2556:                                                                                       
    Budget authority/authorization level \1\..............       13       36       36       36       36       36
    Estimated outlays.....................................       12       24       33       36       36      36 
----------------------------------------------------------------------------------------------------------------
\1\ The 1998 level is the sum of amounts appropriated for that year for the programs carried out under NAWCA and
  PWA.                                                                                                          

    Pay-as-you-go considerations: None.
    Estimated impact on State, local, and tribal governments: 
H.R. 2556 contains no intergovernmental mandates as defined in 
UMRA and would impose no costs on state, local, or tribal 
governments. State fish and wildlife agencies receive grants 
under the Partnerships for Wildlife Act. These federal funds 
must be matched by equal amounts of both state and private 
funds.,
    Estimated impact on the private sector: H.R. 2556 contains 
no private-sector mandates as defined in UMRA.
    Estimate prepared by: Federal costs: Deborah Reis; Impact 
on State, local, and tribal governments: Marjorie Miller.
    Estimate approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    H.R. 2556 contains no unfunded mandates.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

       SECTION 7 OF THE NORTH AMERICAN WETLANDS CONSERVATION ACT

SEC. 7. AMOUNTS AVAILABLE TO CARRY OUT THIS ACT.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Authorization of Appropriations.--In addition to the 
amounts made available under subsections (a) and (b) of this 
section, there are authorized to be appropriated to the 
Department of the Interior for purposes of allocation under 
section 8 of this Act [not to exceed $20,000,000 for each of 
fiscal years 1995 and 1996 and $30,000,000 for each of fiscal 
years 1997 and 1998.] not to exceed $30,000,000 for each of 
fiscal years 1999 through 2003.

           *       *       *       *       *       *       *

                              ----------                              


           SECTION 7105 OF THE PARTNERSHIPS FOR WILDLIFE ACT

SEC. 7105. WILDLIFE PARTNERSHIP PROGRAM.

  (a) * * *

           *       *       *       *       *       *       *

  (h) Authorization of Appropriations.--There are authorized to 
be appropriated to the Fund and to the Secretary [for each of 
fiscal years 1992 through 1998 not to exceed $6,250,000.] not 
to exceed $6,250,000 for each of fiscal years 1999 through 
2003.

                                
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