[Senate Report 109-132]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 201
109th Congress                                                   Report
                                 SENATE
 1st Session                                                    109-132

======================================================================
 
    NEOTROPICAL MIGRATORY BIRD CONSERVATION IMPROVEMENT ACT OF 2005

                                _______
                                

               September 6, 2005.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 1410]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 1410) to amend the Neotropical Migratory 
Bird Conservation Act and for other purposes, having considered 
the same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                    General Statement and Background

    Enacted in 2000, the Neotropical Migratory Bird 
Conservation Act (NMBCA) provides grants to countries in Latin 
America, the Caribbean, and the United States for the 
conservation of birds that summer in North America and winter 
south of the border. The NMBCA created a competitive grants 
program to be administered by the Secretary of the Interior, 
through the Director of the U.S. Fish and Wildlife Service. The 
law encourages habitat protection, education, research, 
monitoring, and capacity building to provide for the long-term 
protection of neotropical migratory birds. The NMBCA authorized 
$5 million annually for fiscal years 2001 through 2005. In 
fiscal year 2005, Congress appropriated $4 million for the 
program. At a minimum, 75 percent of annual appropriations are 
available for projects in Latin America and the Caribbean.
    Since fiscal year 2002 when the grants program began, NMBCA 
partnerships have received nearly $10 million in grants in 
support of 109 projects throughout the United States, Latin 
America, and the Caribbean. Partners have contributed more than 
$40 million in matching funds. NMBCA projects have ranged from 
protection of grassland bird habitat in Colorado and Chihuahua, 
to restoration of a freshwater wetland in Costa Rica for 
wintering waterbirds, to the multinational conservation of Red 
Knots in Argentina.

                     Objectives of the Legislation

    By reauthorizing the NMBCA and making several changes to 
existing law, S. 1410 will assist in addressing persistent 
threats to neotropical migratory birds during their breeding 
and migration in North America as well as their migration and 
over-wintering in Latin America and the Caribbean.

                      Section-by-Section Analysis


Section 1. Short title.

    This Act may be cited as the `Neotropical Migratory Bird 
Conservation Improvement Act of 2005'.

Sec. 2. Amendments to Neotropical Migratory Bird Conservation Act.

                                Summary

    Section 2(a) adds `but breed in Canada and the United 
States' to clarify the statute focuses on neotropical migratory 
birds that winter in Latin America and the Caribbean, but breed 
in Canada and the United States.
    Section 2(b) inserts `Canada' under the list of countries 
where conservation initiatives will be focused.
    Section 2(c) defines `Caribbean' as including Puerto Rico 
and the United States Virgin Islands. This section also strikes 
from the `Definitions' the Neotropical Migratory Bird 
Conservation Account and establishes the new term `Fund' as 
referring to the Neotropical Migratory Bird Conservation Fund.
    Section 2(d) includes Canada on the list of countries where 
the Secretary may consider project proposals to be considered 
for financial assistance.
    Section 2(e) amends the cost-share requirements by raising 
the Federal cost-share from 25 percent to 50 percent. This 
section also includes Canada as a country (along with the 
United States) where the non-Federal cost-share for projects 
must be paid in cash, and reiterates that projects in Latin 
America and the Caribbean may be paid in cash or in kind.
    Section 2(f) requires the Secretary of Interior to submit a 
report to Congress on the results and effectiveness of the 
program `2 years after the date of enactment of the Neotropical 
Migratory Bird Conservation Improvement Act of 2005,' including 
a description of the activities of the advisory group convened 
under Section 7(b) of NMBCA.
    Section 2(g) establishes in the Treasury a separate account 
known as the Neotropical Migratory Bird Conservation Fund. The 
Secretary of the Treasury shall deposit into the Fund all 
donations authorized under the statute, and other amounts 
appropriated by Congress. The Secretary is required to transfer 
immediately all amounts that were in the former Neotropical 
Migratory Bird Conservation Account to the Neotropical 
Migratory Bird Conservation Fund. This section also increases 
the amount available for administrative expenses as not more 
than 3 percent or up to $150,000, whichever is greater.
    Section 2(h) reauthorizes the NMBCA at $5 million annually 
in fiscal years 2006 and 2007; $8 million in fiscal year 2008; 
and $10 million annually in fiscal years 2009 and 2010. This 
section also maintains that funds shall remain available until 
expended, and not less than 75 percent of annual funds shall be 
expended for projects outside the United States.

                              Description

    S. 1410 designates a Neotropical Migratory Bird 
Conservation Fund by removing the program from the 
Multinational Species Conservation Fund of the Treasury and 
creating a separate fund for the program. The non-Federal match 
for NMBCA projects is being lowered from three non-Federal 
dollars to every Federal dollar to a 1:1 match requirement to 
allow for greater project participation. Projects in the United 
States, Latin America, and the Caribbean have traditionally 
been eligible for grants. The legislation extends program 
eligibility to Canada to cover the full range of neotropical 
migratory birds and their habitats, including breeding grounds 
in Canada. S. 1410 reauthorizes funding for the program by 
phasing in higher funding over a 5-year period from the 
existing authorization of $5 million annually, to $8 million in 
fiscal year 2008, and $10 million in each of fiscal years 2009 
and 2010, for a total of $38 million. There is also an increase 
from $80,000 to $150,000 to accommodate for increased 
administrative expenses associated with NMBCA implementation.

                          Legislative History

    On July 14, 2005, Senators Chafee, Jeffords, Clinton, 
Lautenberg, Voinovich, and Crapo introduced S. 1410 which was 
received, read twice and referred to the Committee on 
Environment and Public Works. On July 20, 2005, S. 1410 was 
favorably reported by the committee.

                                Hearings

    No committee hearings were held on S. 1410.

                             Rollcall Votes

    Section 7(b) of rule XXVI of the Standing Rules of the 
Senate and the rules of the Committee on Environment and Public 
Works require that any rollcall votes taken during 
consideration of legislation be noted in the report.
    On July 20, 2005, the committee met to consider S. 1410. 
The bill was agreed to by voice vote. No rollcall votes were 
taken.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that S. 1410 
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 S. 1410 would not 
impose 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:
                              ----------                              


S. 1410, A bill to reauthorize the Neotropical Migratory Bird 
        Conservation Act, and for other purposes, As ordered reported 
        by the Senate Committee on Environment and Public Works on July 
        20, 2005

Summary

    S. 1410 would reauthorize funding for projects carried out 
under the Neotropical Migratory Bird Conservation Act through 
fiscal year 2010. (The current authorization to fund this 
program expires after fiscal year 2005.) The Secretary of the 
Interior uses this funding primarily to help finance research 
and conservation programs in North and South America.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing S. 1410 would cost $3 million in 
2006 and $35 million over the 2005-2010 period. Enacting the 
bill would not affect direct spending or revenues. S. 1410 
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 S. 1410 is shown in the 
following table. For this estimate, CBO assumes that S. 1410 
will be enacted near the start of fiscal year 2006 and that 
funds will be provided as specified in the bill. Estimates of 
outlays are based on historical spending patterns for this 
program and other conservation activities. The cost of this 
legislation falls within budget function 300 (natural resources 
and environment).

 
                 By Fiscal Year, in Millions of Dollars
------------------------------------------------------------------------
                                   2006    2007    2008    2009    2010
------------------------------------------------------------------------
 CHANGES IN SPENDING SUBJECT TO
          APPROPRIATION
Authorization Level.............       5       5       8      10      10
Estimated Outlays...............       3       5       7       9      10
------------------------------------------------------------------------

Intergovernmental and Private-Sector Impact

    S. 1410 contains no intergovernmental or private-sector 
mandates as defined in UMRA and would impose no costs on State, 
local, or tribal governments.
    Estimate Prepared By: Federal Costs: Megan Carroll; Impact 
on State, Local, and Tribal Governments: Marjorie Miller; 
Impact on the Private Sector: Selena Caldera.
    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:
                              ----------                              


                         TITLE 16--CONSERVATION


          CHAPTER 80--NEOTROPICAL MIGRATORY BIRD CONSERVATION


SEC. 6101. 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. 6102. PURPOSES

    The purposes of this chapter are--
            (1) to perpetuate healthy populations of 
        neotropical migratory birds;
            (2) to assist in the conservation of neotropical 
        migratory birds by supporting conservation initiatives 
        in the United States, Canada, Latin America, and the 
        Caribbean; and
            (3) to provide financial resources and to foster 
        international cooperation for those initiatives.

SEC. 6103. DEFINITIONS

    In this chapter:
            [(1) Account.--The term ``Account'' means the 
        Neotropical Migratory Bird Conservation Account 
        established by section 6108(a) of this title.]
            (1) Caribbean.--The term `Caribbean' includes 
        Puerto Rico and the United States Virgin Islands.
            (2) Conservation.--The term ``conservation'' means 
        the use of methods and procedures necessary to bring a 
        species of neotropical migratory bird to the point at 
        which there are sufficient populations in the wild to 
        ensure the long-term viability of the species, 
        including--
                    (A) protection and management of 
                neotropical migratory bird populations;
                    (B) maintenance, management, protection, 
                and restoration of neotropical migratory bird 
                habitat;
                    (C) research and monitoring;
                    (D) law enforcement; and
                    (E) community outreach and education.
            (3) Fund.--The term `Fund' means the Neotropical 
        Migratory Bird Conservation Fund established by section 
        9(a).
            [(3)] (4) Secretary.--The term ``Secretary'' means 
        the Secretary of the Interior.

SEC. 6104. FINANCIAL ASSISTANCE

    (a) * * *

           *       *       *       *       *       *       *

    (c) Project proposals.--To be considered for financial 
assistance for a project under this chapter, an applicant shall 
submit a project proposal that--
            (1) includes--
                    (A) the name of the individual responsible 
                for the project;
                    (B) a succinct statement of the purposes of 
                the project;
                    (C) a description of the qualifications of 
                individuals conducting the project; and
                    (D) an estimate of the funds and time 
                necessary to complete the project, including 
                sources and amounts of matching funds;
            (2) demonstrates that the project will enhance the 
        conservation of neotropical migratory bird species in 
        the United States, 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) Source.--The non-Federal share required 
                to be paid for a project shall not be derived 
                from any Federal grant program.
                    [(B) Form of payment.--
                            [(i) Projects in the United 
                        States.--The non-Federal share required 
                        to be paid for a project carried out in 
                        the United States shall be paid in 
                        cash.
                            [(ii) Projects in foreign 
                        countries.--The non-Federal share 
                        required to be paid for a project 
                        carried out in a foreign country may be 
                        paid in cash or in kind.]
                    (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. 6107. REPORT TO CONGRESS

    Not later than [October 1, 2002,] 2 years after the date of 
enactment of the Neotropical Migratory Bird Conservation 
Improvement Act of 2005, the Secretary shall submit to Congress 
a report on the results and effectiveness of the program 
carried out under [this chapter \1\, including recommendations] 
this Act that includes--
---------------------------------------------------------------------------
    \1\ S. 1410 states ``Act'', however this language is from code.
---------------------------------------------------------------------------
            (1) recommendations concerning how the chapter 
        might be improved and whether the program should be 
        continued[.] ; and
            (2) a description of the activities of the advisory 
        group convened under section 7(b).

[SEC. 6108 \2\. NEOTROPICAL MIGRATORY BIRD CONSERVATION ACCOUNT
---------------------------------------------------------------------------

    \2\ S. 1410 states to strike ``Sec. 9''. Sec. 6108 is corresponding 
code section.
---------------------------------------------------------------------------
    [(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) of this section.
    [(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) of this section; 
        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 to be known as the `Neotropical Migratory Bird 
Conservation Fund', which shall consist of amounts deposited in 
the Fund by the Secretary of the Treasury under subsection (b).
    (b) Deposits in 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) In general.--Subject to paragraph (2), the 
        Secretary may use amounts in the [Account] Fund, 
        without further Act of appropriation, to carry out this 
        chapter.
            (2) Administrative expenses.--Of amounts in the 
        [Account] Fund 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 
        chapter.
    (d) Acceptance and use of donations.--The Secretary may 
accept and use donations to carry out this chapter. 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. 6109 \3\. AUTHORIZATION OF APPROPRIATIONS
---------------------------------------------------------------------------

    \3\ S. 1410 states to strike ``Sec. 10''. Sec. 6109 is 
corresponding code section.
---------------------------------------------------------------------------
    [There is authorized to be appropriated to the Account to 
carry out this chapter $5,000,000 for each of fiscal years 2001 
through 2005, to remain available until expended, of which not 
less than 75 percent of the amounts made available for each 
fiscal year shall be expended for projects carried out outside 
the United States.]

SEC. 10 . AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to 
the Fund to carry out this Act--
            (1) $5,000,000 for each of fiscal years 2006 and 
        2007;
            (2) $8,000,000 for fiscal year 2008; and
            (3) $10,000,000 for each of fiscal years 2009 and 
        2010.
    (b) Availability.--Amounts made available under this 
section shall remain available until expended.
    (c) Allocation.--Of amounts made available under this 
section for a fiscal year, not less than 75 percent shall be 
expended for projects carried out outside the United States.

           *       *       *       *       *       *       *


                                  
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