[House Report 109-421]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-421

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



 
    NEOTROPICAL MIGRATORY BIRD CONSERVATION IMPROVEMENT ACT OF 2006

                                _______
                                

 April 25, 2006.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 518]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 518) to require the Secretary of the Interior to refine 
the Department of the Interior program for providing assistance 
for the conservation of neotropical migratory birds, 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 all after the enacting clause and insert the 
following:

SEC. 1. SHORT TITLE.

    This Act may be cited as the ``Neotropical Migratory Bird 
Conservation Improvement Act of 2006''.

SEC. 2. AMENDMENTS TO NEOTROPICAL BIRD CONSERVATION ACT.

    (a) Findings.--Section 2(1) of the Neotropical Migratory Bird 
Conservation Act (16 U.S.C. 6101(1)) is amended by inserting ``but 
breed in Canada and the United States'' after ``the Caribbean''.
    (b) Purposes.--Section 3(2) of such Act (16 U.S.C. 6102(2)) is 
amended by inserting ``Canada,'' after ``United States,''.
    (c) Definition of Caribbean.--Section 4 of such Act (16 U.S.C. 
6103) is amended by redesignating paragraphs (2) and (3) in order as 
paragraphs (3) and (4), and by inserting paragraph (1) the following:
          ``(2) Caribbean.--The term `Caribbean' includes Puerto Rico 
        and the United States Virgin Islands.''.
    (d) Authorization of Projects to Enhance Conservation in Canada.--
Section 5(c)(2) of such Act (16 U.S.C. 6104(c)(2)) is amended by 
inserting ``Canada,'' after ``the United States,''.
    (e) Cost Sharing.--Section 5(e) of such Act (16 U.S.C. 6104(e)) is 
amended--
          (1) in paragraph (1) by striking ``25 percent'' and inserting 
        ``50 percent''; and
          (2) in paragraph (2) by amending subparagraph (B) to read as 
        follows:
                  ``(B) Form of payment.--
                          ``(i) Projects in the united states and 
                        canada.--The non-Federal share required to be 
                        paid for a project carried out in the United 
                        States or Canada shall be paid in cash.
                          ``(ii) Projects in latin america and the 
                        caribbean.--The non-Federal share required to 
                        be paid for a project carried out in Latin 
                        America or the Caribbean may be paid in cash or 
                        in kind.''.
    (f) Advisory Group.--
          (1) Composition.--Section 7(b)(1) of such Act (16 U.S.C. 
        6106(b)(1) is amended by adding at the end the following: ``The 
        advisory group as a whole shall have expertise in the methods 
        and procedures set forth in section 4(2) in each country and 
        region of the Western Hemisphere.''.
          (2) Encouragement to convene.--The Secretary of the Interior 
        is encouraged to convene an advisory group under section 
        7(b)(1) of such Act by not later than 6 months after the 
        effective date of this Act. This paragraph shall not be 
        considered to authorize delay of the schedule previously 
        established by the United States Fish and Wildlife Service for 
        the submission, judging, and awarding of grants.
    (g) Report.--Section 8 of such Act (16 U.S.C. 6107) is amended by 
striking ``October 1, 2002,'' and inserting ``2 years after the date of 
the enactment of the Neotropical Migratory Bird Conservation 
Improvement Act of 2006,''.
    (h) Neotropical Migratory Bird Conservation Fund.--
          (1) In general.--Section 9 of such Act (16 U.S.C. 6108) is 
        amended by striking so much as precedes subsection (c) and 
        inserting the following:

``SEC. 9. NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND.

    ``(a) Establishment.--There is established in the Treasury a 
separate account, which shall be known as the `Neotropical Migratory 
Bird Conservation Fund'. The Fund shall consist of amounts deposited 
into the Fund by the Secretary of the Treasury under subsection (b).
    ``(b) Deposits Into the Fund.--The Secretary of the Treasury shall 
deposit into the Fund--
          ``(1) all amounts received by the Secretary in the form of 
        donations under subsection (d); and
          ``(2) other amounts appropriated to the Fund.''.
          (2) Administrative expenses.--Section 9(c)(2) of such Act (16 
        U.S.C. 6108(c)(2) is amended by striking ``$80,000'' and 
        inserting ``$150,000''.
          (3) Conforming amendments.--Such Act is amended as follows:
                  (A) In section 4 (16 U.S.C. 6103), by striking 
                paragraph (1) and inserting the following:
          ``(1) Fund.--The term `Fund' means the Neotropical Migratory 
        Bird Conservation Fund established by section 9(a).''.
                  (B) In section 9(d) (16 U.S.C. 6108(d)), by striking 
                ``Account'' and inserting ``Fund''.
          (4) Transfer.--The Secretary of the Treasury may transfer to 
        the Neotropical Migratory Bird Conservation Fund amounts that 
        were in the Neotropical Migratory Bird Conservation Account 
        immediately before the enactment of this Act.
    (i) Authorization of Appropriations.--Section 10 of such Act (16 
U.S.C. 6109) is amended--
          (1) by inserting ``(a) In General.--'' before the first 
        sentence;
          (2) by striking ``$5,000,000 for each of fiscal years 2001 
        through 2005'' and inserting ``for each of fiscal years 2006 
        through 2010 the amount specified for that fiscal year in 
        subsection (b)''; and
          (3) by adding at the end the following:
    ``(b) Authorized Amount.--The amount referred to in subsection (a) 
is--
          ``(1) $5,000,000 for each of fiscal years 2006 and 2007;
          ``(2) $6,000,000 for fiscal year 2008;
          ``(3) $7,000,000 for fiscal year 2009; and
          ``(4) $8,000,000 for fiscal year 2010.
    ``(c) Availability.--Amounts appropriated under this section may 
remain available until expended.
    ``(d) Allocation.--Of amounts appropriated under this section for 
each fiscal year, not less than 75 percent shall be expended for 
projects carried out outside the United States.''.

                          Purpose of the Bill

    The purpose of H.R. 518 is to require the Secretary of the 
Interior to refine the Department of the Interior program for 
providing assistance for the conservation of neotropical 
migratory birds.

                  Background and Need for Legislation

    Neotropical migrants are birds that travel between the 
United States, Mexico, Central America, much of the Caribbean, 
and the northern part of South America. These birds include the 
following species: blue birds, cranes, ducks, goldfinches, 
gulls, hawks, herons, robins, hummingbirds, orioles, plovers, 
warblers, and woodpeckers. They migrate thousands of miles 
across international borders and depend upon suitable stopover 
and staging habitat for foraging and rest. Each autumn some 
five billion birds from 341 species of neotropical migratory 
birds fly between their breeding grounds in North America and 
their tropical habitats in the Caribbean and Latin America. In 
fact, in some parts of the United States and Canada, almost all 
of the birds migrate to the tropics for the winter.
    According to the U.S. Fish and Wildlife Service, 
neotropical migratory birds typically spend five months of the 
year at Caribbean/Latin American wintering sites, four months 
in North American breeding areas, and three months traveling to 
these sites during spring and autumn migrations. Through 
bilateral treaties, the United States is responsible for 
assisting in the maintenance of populations of over 800 game 
and nongame species of migratory birds. Regrettably, 90 North 
American bird species are listed as either threatened or 
endangered under our Endangered Species Act and an additional 
131 bird species have been identified by the U.S. Fish and 
Wildlife Service as Migratory Nongame Birds of Management 
Concern.
    There are many reasons for the decline in the populations 
of these species including nest predation, competition among 
species, general hazards along their migration routes, and the 
widespread use of pesticides. However, the greatest threat to 
their long-term survival is the continuing loss of essential 
habitat in the Caribbean and Latin America, both in staging and 
wintering areas.
    According to various experts, there are nearly 46 million 
Americans who enjoy watching and feeding birds. In fact, 
birdwatching is one of America's fastest growing forms of 
outdoor recreation. These activities generate some $85 billion 
in overall economic output each year, $13 billion in federal 
and state taxes and the creation of 863,406 jobs. Furthermore, 
healthy bird populations are a valuable asset for farmers and 
timber interests. These birds help to pollinate and disperse 
seeds of many economically important plant species. They also 
consume detrimental insects thereby limiting agricultural crop 
losses each year. The U.S. Department of Agriculture has 
indicated that a population of 3,000 Swainson's hawks in the 
western United States eat more than one million rodents each 
summer.
    While there was no debate on the importance of these birds, 
what was seriously lacking was a strategic plan for bird 
conservation, money for on-the-ground projects, public 
awareness, and any real coordination among the various range 
countries where neotropical migratory birds live. In response 
to these problems and to help achieve the goals of the North 
American Bird Conservation Initiative, Congress enacted the 
Neotropical Migratory Bird Conservation Act of 2000 (Public Law 
106-247). This legislation was modeled after the highly 
successful efforts to assist threatened and endangered African 
and Asian elephants, rhinoceroses and tigers.
    Like those landmark conservation laws, the Secretary of the 
Interior was charged with the responsibility of evaluating and 
selecting meritorious conservation projects. In addition, the 
Neotropical Migratory Bird Conservation Account was authorized 
to receive up to $5 million per year, money was allocated for 
administrative expenses by the U.S. Fish and Wildlife Service, 
preference was given to conservation projects supported by 
appropriate wildlife management authorities, a three to one 
matching requirement was established for each approved grant 
and 75 percent of the funding appropriated for this account was 
required to be spent on projects outside the United States. In 
the past five years, the Fish and Wildlife Service has received 
690 grant applications for assistance under the Act. The 
Service has approved 146 conservation projects in 30 different 
range states. Congress has appropriated a cumulative $13.8 
million for this program and these funds have been matched by 
$64.8 million in private sector funds which far exceed the 
three to one matching requirement. The Bush Administration has 
requested that this Account receive $4 million in Fiscal Year 
(FY) 2007.
    This legislation would extend the authorization of 
appropriations for the Neotropical Migratory Bird Conservation 
Act of 2000 which expired on September 30, 2005. In addition, 
the bill makes a number of modifications to the underlying 
statute including: expanding the definition of Caribbean to 
include Puerto Rico and the United States Virgin Islands; 
changing the matching requirement from a three to one to a one 
to one dollar match; increasing the amount of available funds 
for administrative costs from $80,000 to $150,000; allowing the 
funding of conservation projects in Canada when the 
appropriation level exceeds $10 million; changing the 
Neotropical Migratory Bird Conservation Account to a Fund; and 
gradually increasing the authorization levels from $5 million 
in FY 2006 to $15 million in FY 2009.

                            Committee Action

    H.R. 518 was introduced on February 2, 2005, by Congressman 
Ron Kind (D-WI). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Fisheries and Oceans. On June 23, 2005, the Subcommittee held a 
hearing on the bill. On March 29, 2006, the Full Resources 
Committee met to consider H.R. 518. The Subcommittee on 
Fisheries and Oceans was discharged from further consideration 
of the bill by unanimous consent. Chairman Richard W. Pombo (R-
CA) offered an amendment in the nature of a substitute to 
permit conservation projects for neotropical migratory birds in 
Canada; increase the authorization period and modify the 
funding levels to $5 million in FY 2006 and FY 2007, $6 million 
in FY 2008, $7 million in FY 2009 and $8 million in FY 2010. It 
was adopted by unanimous consent. The bill, as amended, was 
then ordered favorably reported to the House of Representatives 
by unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                  Federal Advisory Committee Statement

    The functions of the proposed advisory committee authorized 
in the underlying law and amended by the bill are not currently 
being nor could they be performed by one or more agencies, an 
advisory committee already in existence or by enlarging the 
mandate of an existing advisory committee.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) 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 this bill. However, clause 3(d)(3)(B) 
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 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to require the Secretary of the 
Interior to refine the Department of the Interior program for 
providing assistance for the conservation of neotropical 
migratory birds.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII 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 this bill from the Director of the Congressional Budget 
Office:

H.R. 518--Neotropical Migratory Bird Conservation Improvement Act of 
        2006

    Summary: H.R. 518 would authorize additional funding for 
projects carried out under the Neotropical Migratory Bird 
Conservation Act through fiscal year 2010. The Secretary of the 
Interior would use that funding primarily to help finance 
research and conservation programs in North and South America.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing H.R. 518 would cost $27 million 
over the 2006-2011 period. Enacting the bill would not affect 
direct spending or revenues. H.R. 518 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. 518 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--
                                                           -----------------------------------------------------
                                                              2006     2007     2008     2009     2010     2011
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law for Neotropical Birds:
    Budget Authority \1\..................................        4        0        0        0        0        0
    Estimated Outlays.....................................        2        1        *        0        0        0
Proposed Changes:
    Authorization Level...................................        1        5        6        7        8        0
    Estimated Outlays.....................................        *        4        5        7        8        3
Spending Under H.R. 518 for Neotropical Birds:
    Authorization Level \1\...............................        5        5        6        7        8        0
    Estimated Outlays.....................................        2        5        5        7        8        3
----------------------------------------------------------------------------------------------------------------
\1\ The 2006 level is the amount appropriated for that year for programs related to the conservation of certain
  migratory birds.
Note: * = less than $500,000.

    Basis of estimate: For this estimate, CBO assumes that H.R. 
518 will be enacted during 2006 and that funds will be 
appropriated as specified in the bill.
    H.R. 518 would authorize the appropriation of $31 million 
over the 2006-2010 period for activities related to the 
research and conservation of certain species of migratory 
birds. For fiscal year 2006, the Congress has already provided 
$4 million for such activities; therefore, CBO estimates that 
fully funding H.R. 518 would require the appropriation of an 
additional $1 million in 2006 and $26 million over the 2007-
2010 period. Based on historical spending patterns for this 
program, CBO estimates that implementing H.R. 518 would 
increase federal spending by less than $500,000 in 2006 and $27 
million over the 2006-2011 period, assuming appropriation of 
the specified amounts.
    Intergovernmental and private-sector impact: H.R. 518 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Previous CBO estimate: On August 8, 2005, CBO transmitted a 
cost estimate for S. 1410, the Neotropical Migratory Bird 
Conservation Improvement Act of 2005, as ordered reported by 
the Senate Committee on Environment and Public Works on July 
20, 2005. Both bills authorize funding to support international 
conservation projects. Because H.R. 518 would authorize less 
funding that S. 1410, our estimate of spending under that bill 
is lower.
    Estimate prepared by: Federal Costs: Megan Carroll. Impact 
on State, Local, and Tribal Governments: Marjorie Miller. 
Impact on the Private Sector: Craig Cammarata.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) 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):

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 but breed in Canada and the United States;

           *       *       *       *       *       *       *


SEC. 3. PURPOSES.

    The purposes of this Act are--
          (1) * * *
          (2) to assist in the conservation of neotropical 
        migratory birds by supporting conservation initiatives 
        in the United States, Canada, Latin America, and the 
        Caribbean; and

           *       *       *       *       *       *       *


SEC. 4. DEFINITIONS.

    In this Act:
          [(1) Account.--The term ``Account'' means the 
        Neotropical Migratory Bird Conservation Account 
        established by section 9(a).]
          (1) Fund.--The term ``Fund'' means the Neotropical 
        Migratory Bird Conservation Fund established by section 
        9(a).
          (2) Caribbean.--The term ``Caribbean'' includes 
        Puerto Rico and the United States Virgin Islands.
          [(2)] (3) 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) * * *

           *       *       *       *       *       *       *

          [(3)] (4) Secretary.--The term ``Secretary'' means 
        the Secretary of the Interior.

           *       *       *       *       *       *       *


SEC. 5. FINANCIAL ASSISTANCE.

    (a) * * *

           *       *       *       *       *       *       *

    (c) Project Proposals.--To be considered for financial 
assistance for a project under this Act, an applicant shall 
submit a project proposal that--
          (1) * * *
          (2) demonstrates that the project will enhance the 
        conservation of neotropical migratory bird species in 
        the United States, Canada, Latin America, or the 
        Caribbean;

           *       *       *       *       *       *       *

    (e) Cost Sharing.--
          (1) Federal share.--The Federal share of the cost of 
        each project shall be not greater than [25 percent] 50 
        percent.
          (2) Non-federal share.--
                  (A) * * *
                  [(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.]
                  (B) Form of payment.--
                          (i) Projects in the united states and 
                        canada.--The non-Federal share required 
                        to be paid for a project carried out in 
                        the United States or Canada shall be 
                        paid in cash.
                          (ii) Projects in latin america and 
                        the caribbean.--The non-Federal share 
                        required to be paid for a project 
                        carried out in Latin America or the 
                        Caribbean may be paid in cash or in 
                        kind.

           *       *       *       *       *       *       *


SEC. 7. COOPERATION.

    (a) * * *
    (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. The advisory group as a 
        whole shall have expertise in the methods and 
        procedures set forth in section 4(2) in each country 
        and region of the Western Hemisphere.

           *       *       *       *       *       *       *


SEC. 8. REPORT TO CONGRESS.

    Not later than [October 1, 2002,] 2 years after the date of 
the enactment of the Neotropical Migratory Bird Conservation 
Improvement Act of 2006, the Secretary shall submit to Congress 
a report on the results and effectiveness of the program 
carried out under this Act, including recommendations 
concerning how the Act might be improved and whether the 
program should be continued.

[SEC. 9. NEOTROPICAL MIGRATORY BIRD CONSERVATION ACCOUNT.

    [(a) Establishment.--There is established in the 
Multinational Species Conservation Fund of the Treasury a 
separate account to be known as the ``Neotropical Migratory 
Bird Conservation Account'', which shall consist of amounts 
deposited into the Account by the Secretary of the Treasury 
under subsection (b).
    [(b) Deposits Into the Account.--The Secretary of the 
Treasury shall deposit into the Account--
          [(1) all amounts received by the Secretary in the 
        form of donations under subsection (d); and
          [(2) other amounts appropriated to the Account.]

SEC. 9. NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND.

    (a) Establishment.--There is established in the Treasury a 
separate account, which shall be known as the ``Neotropical 
Migratory Bird Conservation Fund''. The Fund shall consist of 
amounts deposited into the Fund by the Secretary of the 
Treasury under subsection (b).
    (b) Deposits Into the Fund.--The Secretary of the Treasury 
shall deposit into the Fund--
          (1) all amounts received by the Secretary in the form 
        of donations under subsection (d); and
          (2) other amounts appropriated to the Fund.
    (c) Use.--
          (1) * * *
          (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] 
        $150,000, 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] Fund.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--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] for each of fiscal years 2006 
through 2010 the amount specified for that fiscal year in 
subsection (b), 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.
    (b) Authorized Amount.--The amount referred to in 
subsection (a) is--
          (1) $5,000,000 for each of fiscal years 2006 and 
        2007;
          (2) $6,000,000 for fiscal year 2008;
          (3) $7,000,000 for fiscal year 2009; and
          (4) $8,000,000 for fiscal year 2010.
    (c) Availability.--Amounts appropriated under this section 
may remain available until expended.
    (d) Allocation.--Of amounts appropriated under this section 
for each fiscal year, not less than 75 percent shall be 
expended for projects carried out outside the United States.

           *       *       *       *       *       *       *


                                  
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