[Senate Report 107-304]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 692
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-304

======================================================================



 
        NORTH AMERICAN WETLANDS CONSERVATION REAUTHORIZATION ACT

                                _______
                                

                October 8, 2002.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [to accompany H.R. 3908]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (H.R. 3908), to reauthorize the North American 
Wetlands Conservation Act, and for other purposes, having 
considered the same, reports favorably thereon with amendments 
and recommends that the bill, as amended, do pass.

                    General Statement and Background

    Wetlands are among the world's most biologically 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 the majority of 
economically important fish species.
    Wetlands serve as natural flood control basins and water 
filters, and their removal or degradation has severe negative 
effects on water quality.
    Beginning in the 1930's, alarming declines in migratory 
bird populations created a realization that wetland 
conservation needed to be improved, and within the last 30 
years many Federal, State, and private programs have been 
created to reduce wetland loss. Recognizing the importance of 
wetland and migratory bird conservation to Americans and that a 
collaborative international approach to habitat conservation 
was required, Congress enacted the North American Wetlands 
Conservation Act (NAWCA) in 1989.
    NAWCA provides a funding mechanism for cooperative public-
private wetland conservation efforts throughout North America 
which support the goals of the North American Waterfowl 
Management Plan. Funding for NAWCA projects is drawn from four 
sources: interest from short-term investment of the Federal Aid 
in Wildlife Restoration Fund under the Pittman-Robertson Act; 
fines and forfeitures imposed for violations of the Migratory 
Bird Treaty Act; a portion of the Sport Fish Restoration Fund; 
and discretionary appropriations. Under current law, NAWCA 
specifies that 50 to 70 percent of the funds available from 
Pittman-Robertson interest, fines and forfeitures, and 
appropriations be spent on projects within Canada and Mexico. 
The remaining 30 to 50 percent must be spent on projects in the 
United States.
    In fiscal years 2000 and 2001, $114.8 million was available 
for projects from these sources. During this timeframe, 237 
projects were funded with $404.7 million in partner support. At 
the same time an additional 135 projects with $91.4 million in 
available partner support went unutilized because of the lack 
of NAWCA funding. Since the first wetlands grants were awarded 
in 1991, 881 projects have been funded at a Federal cost of 
approximately $460 million matched by over $1.3 billion in 
partner contributions. This has resulted in the protection, 
restoration, or enhancement of approximately 8.3 million acres 
of wetlands and associated habitat in the U.S. and Canada. In 
Mexico, over 444,000 acres have benefited.

                     Objectives of the Legislation

    The purpose of H.R. 3908 is to reauthorize the North 
American Wetlands Conservation Act, increase the authorization 
levels and for other purposes.

                      Section-by-Section Analysis

Section 1. Short Title
    This Section states that this Act may be cited as 
the``North American Wetlands Conservation Reauthorization 
Act''.
Sec. 2. Amendment of the North American Wetlands Conservation Act
    This Section states that the text amends the North American 
Wetlands Conservation Act (16 U.S.C. 4404 et seq.).
Sec. 3. Findings and Statement of Purpose
    This Section changes the term ``wetlands and other 
habitats'' to ``wetlands and associated habitats'' and ``other 
habitats for migratory birds'' to `` habitats associated with 
wetland ecosystems'' where those terms appear in Section 2, 
Findings and the Statement of Purpose, of NAWCA.
    These changes ensure that funds from NAWCA are used to 
protect, enhance, and restore wetland habitats; however, it is 
expected that associated habitat types will be present in 
approved wetland projects. Using NAWCA funds, especially for 
permanent protection of large contiguous tracts of multiple 
habitat types, is essential to the protection of surrounding 
lands and directly benefits the physical and biological health 
of wetland ecosystems. The purpose of NAWCA and its wetland 
conservation projects is wetlands and wetland-associated 
migratory birds.
Sec. 4. Definition of Wetlands Conservation Project
    This Section makes changes to the definition of the term 
``wetlands conservation project'' in Section 3 of NAWCA to 
clarify that any property acquired for such a project must be 
wetland and associated habitat, and that any restoration, 
management and enhancement activities that are part of such 
projects must occur in wetland ecosystems and associated 
habitat.
    Again, this change is not intended to exclude other habitat 
types present within a project; however, the wetland ecosystems 
are intended as the primary emphasis. Further, a project that 
protects upland habitat surrounding a marsh or other type of 
wetland can be just as essential and beneficial to the 
conservation of wetlands as a project that protects wetlands 
themselves. Therefore, this change is not intended to 
categorically exclude projects that protect associated upland 
habitat from eligibility for funding under NAWCA.
Sec. 5. Reauthorization
    This Section authorizes appropriations for Fiscal Years 
(FY) 2003 through 2007. Authorized amounts begin at $55 million 
in fiscal year 2003 and increase $5 million per year to $75 
million in fiscal year 2007.
Sec. 6. Allocation
    This Section changes the allocation of funds to Canada and 
Mexico under Section 6(b) of NAWCA from 50 to 70 percent of the 
available funds to 30 to 60 percent and from 30 to 50 percent 
of the available funds to the U.S. to 40 to 70 percent.
    Appropriations for NAWCA have increased substantially since 
first enacted. This increases the requirement for matching 
funds from United States sources to Canada. While the increased 
funding has been supporting worthwhile efforts for wetland 
restoration throughout the North American continent, the 
requirements for matching U.S.--based funds have increased the 
obligation on non-profit organizations to a point that may 
exceed their ability to secure the matching funds required by 
law. Changing the international allocation within NAWCA is not 
intended to abandon or reduce the U.S. commitment to the 
protection of internationally shared resources.
Sec. 7. Clarification of Non-Federal Share of the Cost of Approved 
        Wetlands Conservation Projects
    This Section amends Section 8(a) of NAWCA to clarify that 
the non-Federal share of funds applied toward approved wetland 
conservation projects will be derived from United States 
sources and, at a minimum, equal the Federal contribution 
available from the sources listed in Section 7 of NAWCA. If the 
projects are conducted on Federal lands, no match is required. 
No non-Federal match is required for any Federal funds other 
than those listed in Section 7 of H.R. 3908.
Sec. 8. Technical Correction
    This Section makes technical corrections to NAWCA:
Sec. 9. Chesapeake Bay Initiative
    This Section extends the authorization of the Chesapeake 
Bay Initiative Act of 1998 from 2003 to 2008.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider H.R. 3908 on September 26, 2002. The committee agreed 
to an amendment by Senators Jeffords, Smith and Crapo by voice 
vote. Later that day the committee met again to complete action 
on the bill and voted to report H.R. 3908, as amended, by voice 
vote.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee makes evaluation of 
the regulatory impact of the reported bill.
    The bill does not create any additional regulatory burdens, 
nor will it cause 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 H.R. 3908 would 
impose no Federal intergovernmental unfunded mandates on State, 
local, or tribal governments.

                          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:

                          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, October 2, 2002.

Hon. James M. Jeffords, 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. 2897, the Marine 
Turtle Conservation Act of 2002.
    The Congressional Budget Office has prepared the enclosed 
cost estimate for H.R. 3908, the North American Wetlands 
Conservation Reauthorization Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll, who can be reached at 226-2860.
            Sincerely,
                                            Dan L. Crippen.
                              ----------                              

H.R. 3908, North American Wetlands Conservation Reauthorization Act, as 
        ordered reported by the Senate Committee on Environment and 
        Public Works on September 26, 2002
Summary
    H.R. 3908 would reauthorize funding for projects carried 
out under the North American Wetlands Conservation Act (NAWCA) 
and the Chesapeake Bay Initiative Act. The legislation would 
authorize the appropriation of $340 million over the 2003-2007 
period for activities under those acts (including $53 million 
authorized to be appropriated under current law). Assuming 
appropriation of the authorized amounts, CBO estimates that 
implementing H.R. 3908 would cost $167 million over the 2003-
2007 period and an additional $123 million in later years. H.R. 
3908 would not affect direct spending or revenues.
    H.R. 3908 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
    The estimated budgetary impact of H.R. 3908 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
------------------------------------------------------------------------
                                   2003    2004    2005    2006    2007
------------------------------------------------------------------------
       SPENDING SUBJECT TO
          APPROPRIATION
Wetlands Spending Under Current
 Law:
    Authorization Level\1\......      53       0       0       0       0
    Estimated Outlays...........      37      28      21      14       3

Proposed Changes:
    Authorization Level.........       5      63      68      73      78
    Estimated Outlays...........       1      19      35      50      62

Wetlands Spending Under H.R.
 3908
    Authorization Level\1\......      58      63      68      73      78
    Estimated Outlays...........      38      47      56      64      65
------------------------------------------------------------------------
\1\The 2003 level is the amount authorized under current law.

Basis of Estimate
    For this estimate, CBO assumes that H.R. 3908 will be 
enacted early in fiscal year 2003 and that authorized amounts 
will be provided as specified in the legislation. Estimates of 
outlays are based on historic spending patterns for the 
affected programs.
    H.R. 3908 would authorize the appropriation of $325 million 
over the 2003-2007 period (including $50 million authorized to 
be appropriated under current law) for the U.S. Fish and 
Wildlife Service (USFWS) to implement NAWCA. We estimate that, 
under H.R. 3908, the agency would spend $155 million over the 
2003-2007 period and $120 million in later years for a variety 
of activities to benefit wetlands in North America, including 
matching grants, cooperative projects, and land acquisition. We 
also estimate that other provisions of this legislation, which 
would amend the allocation and cost-sharing provisions of 
NAWCA, would not have any significant effect on spending for 
wetlands conservation.
    H.R. 3908 also would authorize the appropriation of $18 
million over the 2003-2008 period (including $3 million 
authorized to be appropriated under current law) for the 
Department of the Interior and the Environmental Protection 
Agency to provide financial and technical assistance to certain 
local governments under the Chesapeake Bay Initiative Act. We 
estimate that implementing this provision would cost $12 
million over the 2003-2007 period, with an additional $3 
million being spent in 2008.
Intergovernmental and Private-Sector Impact
    H.R. 3908 contains no intergovernmental or private-sector 
mandates as defined in UMRA and would impose no costs on State, 
local, or tribal governments. State and local governments that 
receive funds authorized by this act would benefit from 
provisions that would increase the authorized amounts and 
allocate a higher proportion of the funds to domestic projects.
Previous CBO Estimate
    On April 25, 2002, CBO transmitted a cost estimate for H.R. 
3908 as ordered reported by the House Committee on Resources on 
April 24, 2002. Both versions would authorize the same level of 
funding for activities under NAWAC, and our estimates of 
Federal spending for such activities are the same. Our estimate 
of spending for the Senate Committee on Environment and Public 
Works' version of H.R. 3908 is higher because that version 
would authorize additional funding for Federal agencies to 
implement the Chesapeake Bay Initiative Act.

Estimate Prepared By: Federal Costs: Megan Carroll (226-2860); 
Impact on State, Local, and Tribal Governments: Marjorie Miller 
(225-3220); Impact on the Private Sector: Lauren Marks (226-
2940).

Estimate Approved By: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, 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:

               NORTH AMERICAN WETLANDS CONSERVATION ACT

           *       *       *       *       *       *       *


SEC. 2. FINDINGS AND STATEMENT OF PURPOSE.

    (a) Findings.--The Congress finds and declares that--
            (1) the maintenance of healthy populations of 
        migratory birds in North America is dependent on the 
        protection, restoration, and management of wetland 
        ecosystems [and other habitats] and associated habitats 
        in Canada, as well as in the United States and Mexico;

           *       *       *       *       *       *       *

            (10) the 1988 amendments to the Fish and Wildlife 
        Conservation Act of 1980 require the Secretary of the 
        Interior to identify conservation measures to assure 
        that nongame migratory bird species do not reach the 
        point at which measures of the Endangered Species Act 
        of 1973 are necessary;

           *       *       *       *       *       *       *

    (b) Purpose.--The purposes of this Act are to encourage 
partnership among public agencies and other interests--
            (1) to protect, enhance, restore, and manage an 
        appropriate distribution and diversity of wetland 
        ecosystems [and other habitats for migratory birds] and 
        habitats associated with wetlands ecosystems and other 
        fish and wildlife in North America;
            (2) to maintain current or improved distributions 
        of wetland associated migratory bird populations; and
            (3) to sustain an abundance of waterfowl and other 
        wetland associated migratory birds consistent with the 
        goals of the North American Waterfowl Management Plan, 
        the United States Shorebird Conservation Plan, the 
        North American Waterbird Conservation Plan, the 
        Partners In Flight Conservation Plans, and the 
        international obligations contained in the migratory 
        bird treaties and conventions and other agreements with 
        Canada, Mexico, and other countries.

SEC. 3. DEFINITIONS.

    For the purposes of this Act:
            (1) * * *
            (2) The term ``appropriate Committees'' means the 
        Committee on Environment and Public Works of the United 
        States Senate and the Committee on Merchant Marine and 
        Fisheries of the United States House of Representatives 
        Committee on Resources of the House of Representatives 
        .

           *       *       *       *       *       *       *

            (5) The term ``migratory birds'' means all wild 
        birds native to North America that are in an unconfined 
        state and that are protected under the Migratory Bird 
        Treaty Act, including ducks, geese, and swans of the 
        family Anatidae, species listed as threatened or 
        endangered under the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.), and species defined as nongame 
        under the Fish 7E 7E and 7E 7E Wildlife 7E 7E 
        Conservation 7E 7E Act 7E 7E of 7E 7E 1980 7E 7E (16 7E 
        7E U.S.C. 2901 2912).
            (6) The term ``Plan'' means the North American 
        Waterfowl Management Plan signed by the Minister of 
        Environment for Canada and the Secretary of the 
        Interior for the United States in May 1986, and by the 
        Secretary of Sedesol for Mexico in 1994, and subsequent 
        dates.

           *       *       *       *       *       *       *

            (9) The term ``wetlands conservation project'' 
        means--
                    (A) the obtaining of a real property 
                interest in lands or waters, including water 
                rights, of a wetland ecosystem and associated 
                habitat if the obtaining of such interest is 
                subject to terms and conditions that will 
                ensure that the real property will be 
                administered for the long-term conservation of 
                such lands and waters and the migratory birds 
                and other fish and wildlife dependent thereon;
                    (B) the restoration, management, or 
                enhancement of wetland ecosystems [and other 
                habitat] and associated habitat for migratory 
                birds and other fish and wildlife species if 
                such restoration, management, or enhancement is 
                conducted on lands and waters that are 
                administered for the long-term conservation of 
                such lands and waters and the migratory birds 
                and other fish and wildlife dependent thereon; 
                and

           *       *       *       *       *       *       *


SEC. 4. ESTABLISHMENT OF NORTH AMERICAN WETLANDS CONSERVATION COUNCIL.

    (a) Council Membership.--(1) There shall be established a 
North American Wetlands Conservation Council (hereinafter in 
this Act referred to as the ``Council'') which shall consist of 
nine members who may not receive compensation as members of the 
Council. Of the Council members--
            (A) * * *
            (B) one shall be the Secretary of the Board of the 
        National Fish and Wildlife Foundation appointed 
        pursuant to section [3(2)(B)] 3(g)(2)(B) of the 
        National Fish and Wildlife Foundation Establishment Act 
        (16 U.S.C. 3702);

           *       *       *       *       *       *       *

    (c) Ex Officio Council Members.--The Secretary is 
authorized and encouraged to include as ex officio nonvoting 
members of the [Commission] Council representatives of--
            (1) * * *

           *       *       *       *       *       *       *


SEC. 5. APPROVAL OF WETLANDS CONSERVATION PROJECTS.

    (a) Consideration by the Council.--The Council shall 
recommend wetlands conservation projects to the Migratory Bird 
Conservation Commission based on consideration of--
            (1) * * *

           *       *       *       *       *       *       *

            (5) the extent to which any wetlands conservation 
        project would aid the conservation of migratory nongame 
        birds, other fish and wildlife and species that are 
        listed, or are candidates to be listed, as threatened 
        and endangered under the Endangered Species Act of 1973 
        (16 U.S.C. 1531 et seq.);

           *       *       *       *       *       *       *

    (b) Recommendations to the Migratory Bird Conservation 
Commission.--The Council shall submit to the Migratory Bird 
Conservation Commission [by January 1 of each year] each year, 
a description, including estimated costs, of the wetlands 
conservation projects which the Council has considered under 
subsection (a) of this section and which it recommends, in 
order of priority, that the Migratory Bird Conservation 
Commission approve for Federal funding under this Act and 
sectino 3(b) of the Act of September 2, 1937 (16 U.S.C. 
669b(b)), as amended by this Act. * * *

           *       *       *       *       *       *       *

    (d) Council Representation on Migratory Bird Conservation 
Commission.--The Chairman of the Council shall select [one 
Council member] 2 Council members of the United States 
citizenship to serve with the Chairman as ex officio members of 
the Migratory Bird Conservation Commission for the purposes of 
considering and voting upon wetlands conservation projects 
recommended by the Council.

           *       *       *       *       *       *       *

    (f) Notification of Appropriate Committees.--The Migratory 
Bird Conservation Commission shall submit annually to the 
appropriate Committees a report including a list and 
description of the wetlands conservation projects approved by 
the Migratory Bird Conservation Commission for Federal funding 
under subsection [(d)] (e) of this section in order of 
priority; the amounts and sources of Federal and non-Federal 
funding for such projects; a justification for the approval of 
such projects and the order of priority for funding such 
projects; a list and description of the wetlands conservation 
projects which the Council recommended, in order of priority 
that the Migratory Bird Conservation Commission approve for 
Federal funding; and a justification for any rejection or re-
ordering of the priority of wetlands conservation projects 
recommended by the Council that was based on factors other than 
the criteria of section 5(a) of this 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 $50,000,000 for each of 
fiscal years 1999 through 2003] not to exceed--
            (1) $55,000,000 for fiscal year 2003;
            (2) $60,000,000 for fiscal year 2004;
            (3) $65,000,000 for fiscal year 2005;
            (4) $70,000,000 for fiscal year 2006; and
            (5) $75,000,000 for fiscal year 2007.

           *       *       *       *       *       *       *


SEC. 8. ALLOCATION OF AMOUNTS AVAILABLE TO CARRY OUT THIS ACT.

    (a) Allocations.--Of the sums available to the Secretary 
for any fiscal year under this Act and section 3(b) of the 
Federal Aid in Wildlife Restoration Act (16 U.S.C. 669b(b)), as 
amended by this Act--
            (1) such percentage of that sum [(but at least 50 
        per centum and not more than 70 per centum thereof)] 
        (but at least 30 percent and not more than 60 percent) 
        as is considered appropriate by the Secretary, which 
        can be matched with non-Federal moneys in accordance 
        with the requirements of subsection (b) of this 
        section, less such amount (but not more than 4 [per 
        centum] percent of such percentage) considered 
        necessary by the Secretary to defray the costs of 
        administering this Act during such fiscal year, shall 
        be allocated by the Secretary to carry out approved 
        wetlands conservation projects in Canada and Mexico in 
        accordance with section 6(b) of this Act; and
            (2) the remainder of such sum after paragraph (1) 
        is applied [(but at least 30 per centum and not more 
        than 50 per centum thereof)] (but at least 40 percent 
        and not more than 70 percent), which can be matched 
        with non-Federal moneys in accordance with the 
        requirements of subsection (b) of this section, shall 
        be allocated by the Secretary to carry out approved 
        wetlands conservation projects in the United States in 
        accordance with section 6(a) of this Act.
    [(b) Federal Contribution for Projects.--The Federal moneys 
allocated under subsection (a) of this section for any fiscal 
year to carry out approved wetlands conservation projects shall 
be used for the payment of not to exceed 50 per centum of the 
total United States contribution to the costs of such projects, 
or may be used for payment of 100 per centum of the costs of 
such projects located on Federal lands and waters, including 
the acquisition of inholdings within such lands and waters.]
    (b) Cost Sharing._(1) Except as provided in paragraph (2), 
as a condition of providing assistance under this Act for any 
approved wetlands conservation project, the Secretary shall 
require that the portion of the costs of the project paid with 
amounts provided by non-Federal United States sources is equal 
to at least the amount allocated under subsection (a) that is 
used for the project.
            (2) Federal moneys allocated under subsection (a) 
        may be used to pay 100 percent of the costs of such 
        projects located on Federal lands and waters, including 
        the acquisition of inholdings within such lands and 
        waters.
            (3) The non-Federal share of the United States 
        contribution to the costs of such projects may not be 
        derived from Federal grant programs. In the case of a 
        project carried out in Mexico, the non-Federal share of 
        the United States contribution to the costs of the 
        project may include cash contributions from non-United 
        States sources that are used to pay costs of the 
        project.

           *       *       *       *       *       *       *


SEC. 10. REPORT TO CONGRESS.

    The Secretary shall report to the appropriate Committees on 
the implementation of this Act. The report shall include--
            (1) a biennial assessment of--
                    (A) * * *

           *       *       *       *       *       *       *

                    (C) the status of efforts to establish 
                agreements with nations in the [western 
                hemisphere pursuant to section 17 of this Act] 
                Western Hemisphere pursuant to section 16; and
                    (D) wetlands conservation projects funded 
                under this Act, listed and identified by type, 
                conservation mechanism (such as acquisition, 
                easement, or lease), location, and duration[.] 
                ; and

           *       *       *       *       *       *       *


SEC. 16. OTHER AGREEMENTS.

    (a) The Secretary shall undertake with the appropriate 
officials of nations in the [western hemisphere] Western 
Hemisphere to establish agreements, modeled after the Plan or 
the Agreement, for the protection of migratory birds identified 
in section 13(a)(5) of the Fish and Wildlife Conservation Act 
of 1980 (16 U.S.C. 2912(a)). When any such agreements are 
reached, the Secretary shall make recommendations to the 
appropriate Committees on legislation necessary to implement 
the agreements.

           *       *       *       *       *       *       *


              SECTION 112 OF THE ACT OF NOVEMBER 16, 1990

                          (Public Law 101-593)

 AN ACT To direct the Secretary of the Interior to convey all interest 
of the United States in a fish hatchery to the State of South Carolina, 
                        and for other purposes.

SEC. 112. NORTH AMERICAN WETLANDS CONSERVATION ACT AMENDMENTS.

    The North American Wetlands Conservation Act (Public Law 
101 233) is amended--
            (1) in section 4(a)(1)(A) by inserting after 
        ``Service'' [and before the period''], who shall be the 
        responsible Federal official for ensuring Council 
        compliance with the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.)'';
                              ----------                              


                      MIGRATORY BIRD TREATY REFORM

                          (Public Law 105-312)

 An Act to clarify restrictions under the Migratory Bird Treaty Act on 
 baiting and to facilitate acquisition of migratory bird habitat, and 
for other purposes.

           *       *       *       *       *       *       *


SEC. 502. CHESAPEAKE BAY GATEWAYS AND WATERTRAILS.

    (a) * * *

           *       *       *       *       *       *       *

    (c) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $3,000,000 for 
each of fiscal years 1999 through [2003] 2008.

           *       *       *       *       *       *       *


                                  
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