[Senate Report 105-284]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 521
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-284
_______________________________________________________________________


 
              NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT

                                _______
                                

                 July 31, 1998.--Ordered to be printed

_______________________________________________________________________


    Mr. Chafee, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1970]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 1970) to require the Secretary of the 
Interior to establish a program to provide assistance in the 
conservation of neotropical migratory birds, having considered 
the same, reports favorably thereon with amendments, and 
recommends that the bill, as amended, do pass.

                    General Statement and Background

    Each autumn, some 5 billion birds from 500 species migrate 
between their breeding grounds in North America and tropical 
habitats in the Caribbean, Central and South America. These 
neotropical migrants--or New World tropical migrants--are birds 
that migrate between the biogeographic region stretching across 
Mexico, Central America, much of the Caribbean, and the 
northern part of South America. They comprise a vast array of 
birds well known to many in the Americas: ducks and other 
waterfowl; raptors; shorebirds such as sandpipers and plovers; 
terns and gulls; nightjars; swifts; martins; hummingbirds; 
woodpeckers; flycatchers; thrushes; vireos; tanagers; warblers; 
buntings; orioles; blackbirds; and dozens of other species. In 
some parts of the United States and Canada, almost all of the 
birds migrate to the tropics for the winter. Of those that 
breed in the northern coniferous forests, for example, 80 
percent of the species and 94 percent of the individuals 
migrate to the tropics. About 62 percent of the species and 75 
percent of the individuals that breed in the eastern deciduous 
forests migrate. Migrants breeding in the central grasslands 
comprise 76 percent of the species and 73 percent of the 
individuals.
    The aggregate figures tell only part of the story, however. 
A fuller appreciation of the nature of migratory birds can be 
acquired by considering the individual odysseys of some of 
these species. Turkey vultures, with a wingspan of greater than 
5\1/2\ feet, migrate from the their winter home in the southern 
United States, Mexico or Central America so punctually each 
spring that in Hinckley, Ohio, a festival celebrates their 
return each March 15th. Although Sandhill cranes breed in 
relatively small and scattered populations across the northern 
United States, Canada and Alaska, during their northward 
migrations from Mexico and Central America, upward of half a 
million birds may be found at staging areas such as along the 
Platte River in Nebraska. Killdeer living in the northern 
United States migrate up to 6,000 miles, often straying far 
from their normal routes, observed in Europe, Greenland, and 
Hawaii. The Ruby-throated hummingbird, with a four-inch wing 
span, will travel up to 3,500 miles, making the 500 mile 
crossing of the Caribbean without stopping. The Blackpoll 
warbler, after migrating from Alaska to Nova Scotia, will first 
begin a southern journey over the Atlantic to Venezuela, with a 
staging area in Bermuda.
    The natural challenges facing these migratory birds are 
profound. Many migratory birds experience a relatively low 
survival rate, due to nest predation and brood parasitism, as 
well as natural competition among species, predation and 
general hazards along their migratory routes. Human induced 
threats have exacerbated these challenges. The greatest human 
induced threat is the continuing loss of habitat in the 
Caribbean and Latin America, both in staging areas and 
wintering areas of these species. Pollution, including 
widespread use of pesticides, and overharvesting have also 
taking their toll on migratory bird populations in the United 
States, Latin America, and the Caribbean. Some of these impacts 
are magnified because the birds assemble in relatively small 
patches of habitat during their migrations, so that adverse 
impacts to those areas can have exaggerated impacts on the 
species. Such is the case with the dickcissel, which breeds 
across much of the eastern United States, but winters in only a 
narrow stretch of Venezuelan grasslands. The species is 
threatened by continuing use of pesticides, and trapping, in 
these grasslands.
    As a result of these impacts, populations of migratory 
birds have declined generally in recent years. Approximately 
210 species of migratory birds in the United States are in 
serious decline, with 90 species either threatened or 
endangered under the Endangered Species Act. The Mexican 
government has identified approximately 390 species of birds as 
being endangered, threatened, vulnerable or rare. Many of these 
are neotropical migratory birds.
    While there are numerous efforts underway to protect these 
species and their habitat, they generally focus on specific 
categories of migratory birds or specific regions in the 
Americas. For example, in 1986, Canada and the United States 
entered into the North American Waterfowl Conservation Plan, 
joined by Mexico in 1994. This plan emphasizes waterfowl and 
wetlands conservation, although efforts are now being made to 
include other species sharing wetlands habitat. In 1991, the 
National Fish and Wildlife Foundation began the neotropical 
Migratory Bird Conservation program, commonly known as Partners 
in Flight. This program provides funding, in cooperation with 
the U.S. Agency for International Development, for conservation 
projects in the Caribbean and Latin America, but not the United 
States. The Western Hemisphere Shorebird Reserve Network, a 
monitoring program that extends across the Americas, focuses on 
only shorebirds. Other monitoring plans and action plans exist 
for specific types of migratory birds and specific regions.
    These programs have improved protections for some species 
of birds. For example, a joint project among the U.S. 
Departments of the Interior, Defense, and Agriculture, the 
Canadian and Argentinean Governments, the Boise State 
University's Raptor Research Center, and the Fish and Wildlife 
Foundation discovered the cause of sharp declines in certain 
populations of the Swainson's hawk, and took actions to redress 
these declines. The Swainson's hawk is a neotropical migrant 
that breeds in grassland, shrubsteppe, and agricultural 
habitats in North America, and winters in Argentina. Certain 
populations that bred in the western United States and Canada 
were exposed to pesticides on their wintering grounds in the La 
Pampa province of Argentina. Under the program, the Ciba-Geigy 
Company voluntarily imposed a ban on the sale of certain 
agrochemical compounds in the areas where the high mortality 
was occurring, and the decline in these populations of 
Swainson's hawks seems to have halted.
    While this example illustrates progress in protecting 
migratory birds, it also underscores the need for additional 
projects. More importantly, as noted by the witnesses at the 
hearing before the committee on July 7, there is a need for a 
more comprehensive program to address the varied and 
significant threats facing the numerous species of migratory 
birds across their range. Frequently there is little, if any, 
coordination among the existing programs, nor is there any one 
program that serves as a link among them. A broader, more 
holistic approach would bolster existing conservation efforts 
and programs, fill the gaps between these programs, and promote 
new initiatives.
    Migratory birds, apart from their intrinsic value, 
contribute to our aesthetic, environmental, and economic well-
being. Many of these species protect crops and forests by 
feeding on insect pests. The ability of birds to control pest 
insects in both croplands and forests is well established, both 
by recent scientific studies, such as a U.S Department of 
Agriculture estimate that a population of 3,000 Swainson's 
hawks in the western United States eat more than one million 
rodents each summer, and by rich anecdotal evidence, such as 
the rescue of the Mormon pioneers from an outbreak of 
grasshoppers by a flock of gulls. Many migratory birds feed on 
nuisance and health pests, such as flies and mosquitoes, and 
further help maintain healthy ecosystems by dispersing seeds 
and pollinating plants.
    In addition to these environmental benefits, birds support 
a significant component of the economy. According to one study 
by the University of Georgia, bird watching is the fastest 
growing recreational activity in the country. Nearly 70 million 
Americans spend more than $20 billion each year participating 
in bird-related recreation. Bird festivals around the country 
have blossomed: from five in 1985, there were 60 held in 1997. 
No fewer than nine professional sports teams in all four 
organized team sports (hockey, football, baseball and 
basketball) are named after various species of birds. These 
statistics reinforce the fact that birds, particularly 
neotropical migratory birds, are popular and endearing symbols 
of our country.

                     Objectives of the Legislation

    The purpose of this legislation is to require the Secretary 
of the Interior to establish a program to provide assistance in 
the conservation of neotropical migratory birds.

                      Section-By-Section Analysis

Section 1. Short Title
    This section provides that the bill may be cited as the 
``Neotropical Migratory Bird Conservation Act.''
Section 2. Findings
    This section contains the findings of Congress. Birds 
constitute one of the most widely recognized and appreciated 
components of North American wildlife. Birds provide 
significant environmental and economic benefits to the United 
States. Many North American bird species, nevertheless, are in 
decline, and 90 in North America are already listed as 
endangered or threatened. Of the nearly 800 bird species known 
to occur in the United States, approximately 500 migrate among 
nations; the large majority of those species, the neotropical 
migrants, winter in Latin America and the Caribbean. The 
primary reason for the declines is habitat loss and 
degradation.
    Conservation of these species requires that safeguards be 
established at both ends of the migration routes as well as at 
critical stopover areas along the way, and establishing such 
safeguards necessitates the joint commitment and effort of all 
nations that support those species, as well as all levels of 
society. While numerous initiatives exist to conserve migratory 
birds, those initiatives can be significantly strengthened and 
enhanced by coordination of their efforts. This bill 
constitutes an effort to adopt appropriate measures for the 
protection of migratory birds in collaboration with other 
nations, States and other entities, and to link other 
initiatives protecting these species.
Section 3. Purposes
    This section identifies the six following purposes of the 
bill: (1) to assist in the conservation of neotropical 
migratory birds by supporting neotropical migratory bird 
conservation programs in Latin America, the Caribbean and the 
United States, with a focus on reversing habitat loss and 
degradation; (2) to promote partnerships between Federal, 
State, and non-governmental entities in the United States in 
the conservation of neotropical migratory birds; (3) to foster 
active governmental and nongovernmental participation in 
neotropical migratory bird conservation by cooperating 
countries throughout Latin America and the Caribbean; (4) to 
promote circumstances under which the conservation of 
neotropical migratory birds in Latin America and the Caribbean 
may be carried out by local entities; (5) to provide financial 
resources for projects that support neotropical migratory bird 
conservation; (6) to promote the effective conservation of 
neotropical migratory birds in the Western Hemisphere through 
collaboration at all levels of society.
Section 4. Conservation Assistance
    This section requires the Secretary of the Interior, acting 
through the Director of the Service, to establish a program to 
provide financial assistance for projects to promote the 
conservation of neotropical migratory birds. Entities eligible 
to receive financial assistance include: a Federal, State, or 
local governmental entity of the United States; a United States 
nongovernmental organization, corporation or business interest, 
or other private entity; a governmental or nongovernmental 
organization, corporation or business interest, or other 
private entity in Latin America, the Caribbean or the United 
States; or an international organization that is dedicated to 
achieving the purposes of this bill.
    A project proposal must meet five requirements to be 
considered for financial assistance. First, the proposal must 
demonstrate that the project will enhance the conservation of 
neotropical migratory birds in the United States, Latin America 
or the Caribbean by focusing on reversing habitat loss and 
degradation. Second, a proposal must include mechanisms to 
ensure adequate local public participation in project 
development and implementation. Third, it must contain 
assurances that the project will be implemented in consultation 
with appropriate local and other government officials with 
jurisdiction over the resources addressed by the project. 
Fourth, a proposal must demonstrate sensitivity to local 
historic and cultural resources and comply with applicable 
laws. Finally, it must provide any other information that the 
Secretary considers to be necessary for evaluating the 
proposal.
    To the maximum extent practicable, each project shall aim 
to support or establish such structures as are necessary to 
ensure achievement of conservation objectives specified in this 
Act, including the long-term operation and maintenance of the 
project by local entities in the country in which the project 
is carried out.
    The Federal share of the cost of each project shall be not 
greater than 33 percent. At the same time, not less than 50 
percent of the required non-Federal share shall be paid in cash 
by: United States non-governmental organizations; international 
non-governmental organizations; States and other United States 
non-Federal entities; and corporations, business interests, and 
other private entities. A local entity in a foreign country in 
which the project is carried out may provide the required non-
Federal share in cash or in-kind contributions from local 
sources in the country.
Section 5. Neotropical Bird Advisory Committee
    This section establishes a Neotropical Migratory Bird 
Advisory Committee (the Committee) to assist in carrying out 
the Act. Membership in the Committee shall include nine 
permanent members: one representative each of the Service, the 
U.S. Agency for International Development, and the U.S. 
Department of State; one representative appointed by the 
International Association of Fish and Wildlife Agencies; one 
representative appointed by the National Fish and Wildlife 
Foundation; and four individuals appointed by the Secretary of 
the Interior, each of whom shall represent an entity that has a 
strong interest and involvement in neotropical bird 
conservation and shall serve for a two-year term. The 
representative of the Service shall chair the Committee. The 
Committee shall also include three nonvoting members who are 
natives and residents of Latin America or the Caribbean and are 
actively involved in local conservation efforts. These members 
shall serve in an advisory capacity and for a two-year term.
    The duties of the Committee include assisting in the 
development of guidelines for the solicitation of proposals for 
projects eligible for financial assistance, and promoting 
participation in the program by public and private non-Federal 
entities. The Committee is also charged with reviewing and 
recommending to the Secretary proposals for financial 
assistance, and coordinating and facilitating grant processes 
among entities involved in neotropical bird conservation.
    The Committee shall hold such meetings as are necessary to 
carry out the duties of the Committee. A member of the 
Committee shall not receive any compensation for service on the 
Committee, except travel expenses. An entity represented by a 
member of the Committee shall not be eligible to receive 
financial assistance.
Section 6. Duties of Secretary
    This section provides that the Secretary shall facilitate 
consideration of projects by the Committee, and otherwise 
assist the Committee in carrying out its duties. The Secretary 
shall also select proposals for financial assistance, develop 
and oversee agreements to provide financial assistance, seek 
cooperators described in section 7, translate documents into 
Spanish, and generally manage implementation of the Act.
Section 7. Cooperation
    This section states that the Secretary shall cooperate with 
appropriate entities, including appropriate officials in 
countries where projects are proposed to be carried out or are 
being carried out, the heads of other Federal agencies, and 
entities carrying out initiatives that support bird 
conservation in Latin America and the Caribbean.
Section 8. Report to Congress
    This section requires that, not later than December 31, 
2002, the Secretary shall submit to Congress a report on the 
results and effectiveness of the program, including 
recommendations as to whether the program should be continued, 
and if so, recommendations to improve it.
Section 9. Authorization of Appropriations
    This section authorizes $8 million to be appropriated for 
each of the fiscal years from 1999 through 2001, to remain 
available until expended, of which not less than 50 percent and 
not more than 70 percent of the amounts made available for each 
fiscal year shall be expended for projects carried out outside 
the United States. Of the amounts made available to carry out 
this legislation each fiscal year, the Secretary may use not 
more than 6 percent to pay administrative expenses.

                                Hearings

    The Committee on the Environment and Public Works held a 
hearing on S. 1970 on July 7, 1998. Testimony was received from 
Mr. John Rogers, Deputy Director of the U.S. Fish and Wildlife 
Service; Ms. Ginette Hemley, Vice President for Species 
Conservation, World Wildlife Fund; and Mr. Gary J. Taylor, 
Legislative Director of the International Association of Fish 
and Wildlife Agencies. Senators Abraham and Daschle, as well as 
the National Audubon Society, submitted written testimony.

                          Legislative History

    On April 22, 1998, Senator Abraham introduced S. 1970, 
which was referred to the Committee on Environment and Public 
Works. On Wednesday, July 22, 1998, the committee held a 
business meeting to consider this bill. Senator Chafee offered 
an amendment, which was adopted by voice vote. S. 1970, as 
amended, was favorably reported out of the committee by voice 
vote.

                           Regulatory Impact

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee makes this 
evaluation of the regulatory impact of the reported bill. The 
reported bill will have no regulatory impact. This bill will 
not have any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that this bill would 
impose no Federal intergovernmental unfunded mandates on State, 
local, or tribal governments. The bill does not directly impose 
any private sector mandates.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 23, 1998.

Hon. John H. Chafee, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.

    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1970, the 
Neotropical Migratory Bird Conservation Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis, who can be reached at 226-2860 and Marjorie Miller (for 
State and local impact), who can be reached at 225-3220.

            Sincerely,
                                           June E. O'Neill,
                                                          Director.
                                ------                                


               Congressional Budget Office Cost Estimate

S. 1970, Neotropical Migratory Bird Conservation Act, as 
ordered reported by the Senate Committee on Environment and 
Public Works on July 22, 1998

Summary
    S. 1970 would direct the U.S. Fish and Wildlife Service 
(USFWS) to create a new grant program for projects to conserve 
neotropical migratory birds in the United States and Caribbean 
and Latin American countries. The program would provide 
financial assistance to eligible federal, state, or local 
government agencies; governments of Caribbean or Latin American 
countries; and private organizations, corporations, or persons. 
The bill also would establish a 12-member advisory committee to 
assist the USFWS in developing proposal guidelines, promoting 
participation in the program, and reviewing proposals. Members 
of the advisory committee would not receive compensation for 
such service.
    For the purposes of developing and administering the 
program (including travel expenses of the advisory committee) 
and making grants, S. 1970 would authorize the appropriation of 
$8 million annually for fiscal years 1999 through 2001. S. 1970 
would not affect direct spending or receipts; therefore, pay-
as-you-go procedures would not apply. The bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.
Estimated cost to the Federal Government
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing S. 1970 would cost the federal 
government $24 million through 2003. For purposes of this 
estimate, CBO assumes that S.1970 will be enacted by the 
beginning of fiscal year 1999 and that the entire amounts 
authorized will be appropriated for each year. Outlay estimates 
are based on spending patterns for similar programs. The costs 
of this legislation fall within budget function 300 (natural 
resources and environment). The estimated budgetary impact of 
S. 1970 is shown in the following table.

                                                                        
                 By Fiscal Year, In Millions of Dollars                 
------------------------------------------------------------------------
                                   1999    2000    2001    2002    2003 
------------------------------------------------------------------------
       Spending Subject to                                              
          Appropriation                                                 
Authorization Level.............       8       8       8       0       0
Estimated Outlays...............       3       6       8       5       2
------------------------------------------------------------------------

Pay-as-you-go considerations: None.
Estimated impact on State, local, and tribal governments
    S. 1970 contains no intergovernmental mandates as defined 
in UREA and would impose no costs on state, local, or tribal 
governments. State and local governments would be among the 
entities eligible to receive the financial assistance 
authorized by this bill. In order to receive assistance for a 
project, these governments would be required to submit a 
proposal meeting certain criteria and to pay at least 67 
percent of the project costs. Any such costs incurred by state 
or local governments would be voluntary.

Estimative impact on the private sector: This bill would impose 
no new private-sector mandates as defined in UMRA.

Estimate prepared by: Federal Costs: Deborah Reis (226-2860); 
Impact on State, Local, and Tribal Governments: Marjorie Miller 
(225-3220).

Estimate approved by: Paul N. Van de Water, Assistant Director 
for Budget Analysis.

                        Changes in Existing Law

    Section 12 of rule XXVI of the Standing Rules of the Senate 
requires publication of any changes in existing law made by the 
reported bill. This bill does not change existing law.

                                
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