[House Report 111-201]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-201

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



 
        JOINT VENTURES FOR BIRD HABITAT CONSERVATION ACT OF 2009

                                _______
                                

 July 10, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2188]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 2188) to authorize the Secretary of the Interior, 
through the United States Fish and Wildlife Service, to conduct 
a Joint Venture Program to protect, restore, enhance, and 
manage migratory bird populations, their habitats, and the 
ecosystems they rely on, through voluntary actions on public 
and private lands, and for other purposes, 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:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Joint Ventures for Bird Habitat 
Conservation Act of 2009''.

SEC. 2. FINDINGS AND PURPOSE.

  (a) Findings.--Congress finds that--
          (1) migratory birds are of great ecological and economic 
        value to the Nation, contributing to biological diversity, 
        advancing the well-being of human communities through 
        pollination, seed dispersal, and other ecosystem services, and 
        bringing tremendous enjoyment to the tens of millions of 
        Americans who study, watch, feed, or hunt these birds;
          (2) sustainable populations of migratory birds depend on the 
        conservation, protection, restoration, and enhancement of 
        terrestrial, wetland, marine, and other aquatic habitats 
        throughout their ranges in the United States, as well as the 
        rest of North America, the Caribbean, and Central and South 
        America;
          (3) birds are good indicators of environmental health and 
        provide early warning of the impacts of environmental change, 
        helping to yield the most out of every dollar invested in 
        conservation;
          (4) human and environmental stressors are causing the decline 
        of populations of many migratory bird species, many of them 
        once common, and climate change will exacerbate the impacts of 
        these stressors on migratory bird populations;
          (5) the coordination of Federal, State, tribal, and local 
        government natural resource conservation efforts and the 
        formation of partnerships that include a diversity of 
        nongovernmental conservation organizations, private landowners, 
        and other relevant stakeholders is necessary to accomplish the 
        conservation of migratory bird populations, their habitats, and 
        the ecosystem functions they rely on;
          (6) hunters, through their purchase of Federal migratory bird 
        hunting stamps and State hunting licenses, have long supported 
        the conservation of migratory birds and their habitats in the 
        United States through the various State and Federal programs 
        that are supported by the fees charged for such purchases;
          (7) the Department of the Interior, through the United States 
        Fish and Wildlife Service, is authorized under a number of 
        broad statutes to undertake many activities with partners to 
        conserve natural resources, including migratory birds and their 
        habitat;
          (8) through these authorities, the Service has created and 
        supported a number of joint ventures with diverse partners to 
        help protect, manage, enhance, and restore migratory bird 
        habitat throughout much of the United States and to conserve 
        migratory bird species;
          (9) the North American Waterfowl Management Plan, adopted by 
        the United States and Canada in 1986, with Mexico joining as a 
        signatory in 1994, was the first truly landscape-level approach 
        to conserving migratory game birds and the wetland habitats on 
        which they depend, and became the foundation for the voluntary 
        formation of Joint Ventures;
          (10) since the adoption of the North American Waterfowl 
        Management Plan, joint ventures have expanded their application 
        to all native birds and other wildlife species that depend on 
        wetlands and associated upland habitats, resulting in 
        significant conservation benefits over the last twenty years;
          (11) States possess broad trustee and management authority 
        over fish and wildlife resources within their borders, and have 
        utilized their authorities to undertake conservation programs 
        to conserve resident and migratory birds and their habitats;
          (12) consistent with applicable Federal and State laws, the 
        Federal Government and the States each have management 
        responsibilities affecting fish and wildlife resources, and 
        should work cooperatively in fulfilling these responsibilities;
          (13) other domestic and international conservation projects 
        authorized under the Neotropical Migratory Bird Conservation 
        Act (16 U.S.C. 6101 et seq.) and the North American Wetlands 
        Conservation Act (16 U.S.C. 4401 et seq.), and additional bird 
        conservation projects authorized under other Federal 
        authorities, can expand and increase the effectiveness of the 
        joint ventures in protecting and enhancing migratory bird 
        habitats throughout the different ranges of species native to 
        the United States; and
          (14) the voluntary partnerships fostered by these joint 
        ventures have served as innovative models for cooperative and 
        effective landscape conservation, with far-reaching benefits to 
        other fish and wildlife populations, and similar joint ventures 
        should be authorized specifically to reinforce the importance 
        and multiple benefits of these models to encourage adaptive 
        resource management and the implementation of flexible 
        conservation strategies in the 21st century.
  (b) Purpose.--The purpose of this Act is to establish a program 
administered by the Director, in coordination with other Federal 
agencies with management authority over fish and wildlife resources and 
the States, to develop, implement, and support innovative, voluntary, 
cooperative, and effective conservation strategies and conservation 
actions to--
          (1) promote, primarily, sustainable populations of migratory 
        birds, and, secondarily, the fish and wildlife species 
        associated with their habitats;
          (2) encourage stakeholder and government partnerships 
        consistent with the goals of protecting, improving, and 
        restoring habitat;
          (3) establish, implement, and improve science-based migratory 
        bird conservation plans and promote and facilitate broader 
        landscape-level conservation of fish and wildlife habitat; and
          (4) coordinate related conservation activities of the Service 
        and other Federal agencies to maximize the efficient and 
        effective use of funds appropriated or otherwise made available 
        to support projects and activities to enhance bird populations 
        and other populations of fish and wildlife and their habitats.

SEC. 3. DEFINITIONS.

  In this Act:
          (1) Conservation action.--The term ``conservation action'' 
        means activities that--
                  (A) support the protection, restoration, adaptive 
                management, conservation, or enhancement of migratory 
                bird populations, their terrestrial, wetland, marine, 
                or other habitats, and other wildlife species supported 
                by those habitats, including--
                          (i) biological and geospatial planning;
                          (ii) landscape and conservation design;
                          (iii) habitat protection, enhancement, and 
                        restoration;
                          (iv) monitoring and tracking;
                          (v) applied research; and
                          (vi) public outreach and education;
                  (B) are conducted on lands or waters that--
                          (i) are administered for the long-term 
                        conservation of such lands or waters and the 
                        migratory birds thereon, including the marine 
                        environment; or
                          (ii) are not primarily held or managed for 
                        conservation but provide habitat value for 
                        migratory birds; and
                  (C) incorporate adaptive management and science-based 
                monitoring, where applicable, to improve outcomes and 
                ensure efficient and effective use of Federal funds.
          (2) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service.
          (3) Implementation plan.--The term ``Implementation Plan'' 
        means an Implementation Plan approved by the Director under 
        section 5.
          (4) Indian tribe.--The term ``Indian tribe'' has the meaning 
        given that term in section 4 of the Indian Self-Determination 
        and Education Assistance Act (25 U.S.C. 450b).
          (5) Joint venture.--The term ``Joint Venture'' means a self-
        directed, voluntary partnership, established and conducted in 
        accordance with section 5.
          (6) Management board.--The term ``Management Board'' means a 
        Joint Venture Management Board established in accordance with 
        section 5.
          (7) Migratory birds.--The term ``migratory birds'' means 
        those species included in the list of migratory birds that 
        appears in section 10.13 of title 50, Code of Federal 
        Regulations, under the authority of the Migratory Bird Treaty 
        Act.
          (8) Program.--The term ``Program'' means the Joint Ventures 
        Program conducted in accordance with this Act.
          (9) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (10) Service.--The term ``Service'' means the United States 
        Fish and Wildlife Service.
          (11) State.--The term ``State'' means--
                  (A) any State of the United States, the District of 
                Columbia, the Commonwealth of Puerto Rico, Guam, the 
                Virgin Islands, American Samoa, and the Commonwealth of 
                the Northern Mariana Islands; and
                  (B) one or more agencies of a State government 
                responsible under State law for managing fish or 
                wildlife resources.

SEC. 4. JOINT VENTURES PROGRAM.

  (a) In General.--The Secretary shall conduct, through the United 
States Fish and Wildlife Service, a Joint Ventures Program administered 
by the Director. The Director, through the Program, shall develop an 
administrative framework for the approval and establishment and 
implementation of Joint Ventures, that--
          (1) provides financial and technical assistance to support 
        regional migratory bird conservation partnerships;
          (2) develops and implements plans to protect and enhance 
        migratory bird populations throughout their range, that are 
        focused on regional landscapes and habitats that support those 
        populations;
          (3) complements and supports activities by the Secretary and 
        the Director to fulfill obligations under--
                  (A) the Migratory Bird Treaty Act (16 U.S.C. 701 et 
                seq.);
                  (B) the Migratory Bird Conservation Act (16 U.S.C. 
                715 et seq.);
                  (C) the Neotropical Migratory Bird Conservation Act 
                (16 U.S.C. 6101 et seq.);
                  (D) the North American Wetlands Conservation Act (16 
                U.S.C. 4401 et seq.);
                  (E) the Fish and Wildlife Conservation Act of 1980 
                (16 U.S.C. 2901 et seq.); and
                  (F) the Partners for Fish and Wildlife Act (16 U.S.C. 
                3771 et seq.); and
          (4) support the goals and objectives of--
                  (A) the North American Waterfowl Management Plan;
                  (B) the United States Shorebird Conservation Plan;
                  (C) the North American Waterbird Conservation Plan;
                  (D) the Partners in Flight North American Landbird 
                Conservation Plan; and
                  (E) other treaties, conventions, agreements, or 
                strategies entered into by the United States and 
                implemented by the Secretary that promote the 
                conservation of migratory bird populations and their 
                habitats.
  (b) Guidelines.--Within 180 days after the date of enactment of this 
Act the Secretary, through the Director, shall publish in the Federal 
Register guidelines for the implementation of this Act, including 
regarding requirements for approval of proposed Joint Ventures and 
administration, oversight, coordination among, and evaluation of 
approved Joint Ventures.
  (c) Coordination With States.--In the administration of the program 
authorized under this section, the Director shall coordinate and 
cooperate with the States to fulfill the purposes of this Act.

SEC. 5. JOINT VENTURE ESTABLISHMENT AND ADMINISTRATION.

  (a) Establishment.--
          (1) In general.--The Director, through the Program, may enter 
        into an agreement with eligible partners described in paragraph 
        (2) to establish a Joint Venture to fulfill one or more of the 
        purposes set forth in paragraphs (1) through (3) of section 
        2(b).
          (2) Eligible partners.--The eligible partners referred to in 
        paragraph (1) are the following:
                  (A) Federal and State agencies with jurisdiction over 
                migratory bird resources, their habitats, or that 
                implement program activities that affect migratory bird 
                habitats or the ecosystems they rely on.
                  (B) Affected regional, local, and tribal governments, 
                private landowners, land managers, and other private 
                stakeholders.
                  (C) Nongovernmental organizations with expertise in 
                bird conservation or fish and wildlife conservation or 
                natural resource and landscape management generally.
                  (D) Other relevant stakeholders.
  (b) Management Board.--
          (1) In general.--An agreement under this section for a Joint 
        Venture shall establish a Management Board in accordance with 
        this subsection.
          (2) Membership.--The Management Board shall include a 
        diversity of members representing stakeholder interests from 
        the appropriate geographic region, including, as appropriate, 
        representatives from the Service and other Federal agencies 
        that have management authority over fish and wildlife resources 
        on public lands or in the marine environment, or that implement 
        programs that affect migratory bird habitats, and 
        representatives from the States, and may include--
                  (A) regional governments and Indian tribes;
                  (B) academia or the scientific community;
                  (C) nongovernmental landowners or land managers;
                  (D) nonprofit conservation or other relevant 
                organizations with expertise in migratory bird 
                conservation, or in fish and wildlife conservation 
                generally; and
                  (E) private organizations with a dedicated interest 
                in conserving migratory birds and their habitats.
          (3) Functions and responsibilities.--
                  (A) Organization and operations plan.--A Management 
                Board, in accordance with the guidelines published by 
                the Director under section 4 and in coordination with 
                the Director, shall develop, publish, and comply with a 
                plan that specifies the organizational structure of the 
                Joint Venture and prescribes its operational practices 
                and procedures.
                  (B) Administration.--Subject to applicable Federal 
                and State law, the Management Board shall manage the 
                personnel and operations of the Joint Venture, 
                including--
                          (i) by appointing a coordinator for the Joint 
                        Venture in consultation with the Director, to 
                        manage the daily and long-term operations of 
                        the Joint Venture;
                          (ii) approval of other full- or part-time 
                        administrative and technical non-Federal 
                        employees as the Management Board determines 
                        necessary to perform the functions of the Joint 
                        Venture, meet objectives specified in the 
                        Implementation Plan, and fulfill the purpose of 
                        this Act; and
                          (iii) establishment of committees, steering 
                        groups, focus groups, geographic or taxonomic 
                        groups, or other organizational entities to 
                        assist in implementing the relevant 
                        Implementation Plan.
          (4) Use of service and federal agency employees.--Subject to 
        the availability of appropriations and upon the request from a 
        Management Board, and after consultation with and approval of 
        the Director, the head of any Federal agency may detail to the 
        Management Board, on a reimbursable or nonreimbursable basis, 
        any agency personnel to assist the Joint Venture in performing 
        its functions under this Act.
  (c) Implementation Plan.--
          (1) Submission of plan to director.--Before the Director 
        enters into an agreement to establish a Joint Venture under 
        subsection (a), the Management Board for the Joint Venture 
        shall submit to the Director a proposed Implementation Plan 
        that shall contain, at a minimum, the following elements:
                  (A) A strategic framework for migratory bird 
                conservation that includes biological planning; 
                conservation design; habitat restoration, protection, 
                and enhancement; applied research; and monitoring and 
                evaluation activities.
                  (B) Provisions for effective communication among 
                member participants within the Joint Venture.
                  (C) A long-term strategy to conduct public outreach 
                and education regarding the purposes and activities of 
                the Joint Venture and activities to regularly 
                communicate to the general public information generated 
                by the Joint Venture.
                  (D) Coordination with laws and conservation plans 
                referred to in section 4(a)(3) and (4) that are 
                relevant to migratory birds, and other relevant 
                regional, national, or international initiatives 
                identified by the Director to conserve migratory birds, 
                their habitats, ecological functions, and associated 
                populations of fish and wildlife.
                  (E) An organizational plan that--
                          (i) identifies the initial membership of the 
                        Management Board and establishes procedures for 
                        updating the membership of the Management Board 
                        as appropriate;
                          (ii) describes the organizational structure 
                        of the Joint Venture, including proposed 
                        committees and subcommittees, and procedures 
                        for revising and updating the structure, as 
                        necessary; and
                          (iii) provides a strategy to increase 
                        stakeholder participation or membership in the 
                        Joint Venture.
                  (F) Procedures to coordinate the development, 
                implementation, oversight, monitoring, tracking, and 
                reporting of conservation actions approved by the 
                Management Board and an evaluation process to determine 
                overall effectiveness of activities undertaken by the 
                Joint Venture.
                  (G) A strategy to encourage the contribution of non-
                Federal financial resources, donations, gifts and in-
                kind contributions to support the objectives of the 
                Joint Venture and fulfillment of the Implementation 
                Plan.
          (2) Review.--The Director shall--
                  (A) coordinate the review of a proposed 
                Implementation Plan submitted under this section; and
                  (B) ensure that such plan is circulated for review 
                for a period not to exceed 90 days, to--
                          (i) bureaus within the Service and other 
                        appropriate bureaus or agencies within the 
                        Department of the Interior;
                          (ii) appropriate regional migratory bird 
                        Flyway Councils;
                          (iii) national and international boards that 
                        oversee bird conservation initiatives under the 
                        plans specified in section 4(a)(4);
                          (iv) relevant State agencies, regional 
                        governmental entities, and Indian tribes;
                          (v) nongovernmental conservation 
                        organizations, academic institutions, or other 
                        stakeholders engaged in existing Joint Ventures 
                        that have knowledge or expertise of the 
                        geographic or ecological scope of the Joint 
                        Venture; and
                          (vi) other relevant stakeholders considered 
                        necessary by the Director to ensure a 
                        comprehensive review of the proposed 
                        Implementation Plan.
          (3) Approval.--The Director shall approve an Implementation 
        Plan submitted by the Management Board for a Joint Venture if 
        the Director finds that--
                  (A) the plan provides for implementation of 
                conservation actions to conserve waterfowl and other 
                native migratory birds and their habitats and 
                ecosystems either--
                          (i) in a specific geographic area of the 
                        United States; or
                          (ii) across the range of a specific species 
                        or similar group of like species;
                  (B) the members of the Joint Venture--
                          (i) accept the responsibility for 
                        implementation of national or international 
                        bird conservation plans in the region of the 
                        United States to which the plan applies; and
                          (ii) have demonstrated to the satisfaction of 
                        the Director the capacity to implement 
                        conservation actions identified in the plan, 
                        including (I) the design, funding, monitoring, 
                        and tracking of conservation projects that 
                        advance the objectives of the Joint Venture; 
                        and (II) reporting and conduct of public 
                        outreach regarding such projects; and
                  (C) the plan maximizes, to the extent practicable, 
                coordination with other relevant and active 
                conservation plans or programs within the geographic 
                scope of the Joint Venture to conserve, protect, 
                recover, or restore migratory bird habitats and other 
                fish and wildlife habitat within the operating region 
                of the Joint Venture.

SEC. 6. GRANTS AND OTHER ASSISTANCE.

  (a) In General.--Except as provided in subsection (b), and subject to 
the availability of appropriations, the Director may award grants of 
financial assistance to implement a Joint Venture through--
          (1) support of the activities of the Management Board of the 
        Joint Venture and to pay for necessary administrative costs and 
        services, personnel, and meetings, travel, and other business 
        activities; and
          (2) support for specific conservation actions and other 
        activities necessary to carry out the Implementation Plan.
  (b) Limitation.--A Joint Venture is not eligible for assistance or 
support authorized in this section unless the Joint Venture is 
operating under an Implementation Plan approved by the Director under 
section 5.
  (c) Conservation Action Grant Criteria.--The Secretary, through the 
Director, within 180 days after date of enactment of this Act and after 
consultation with representatives from Management Boards and equivalent 
entities of joint ventures referred to in section 8, shall publish 
guidelines for determining funding allocations among joint ventures and 
priorities for funding among conservation action proposals to meet the 
purpose of this Act and respective Implementation Plans.
  (d) Matching Requirements.--If a Management Board determines that two 
or more proposed conservation actions are of equal value toward 
fulfillment of the relevant Implementation Plan, priority shall be 
given to the action or actions for which there exist non-Federal 
matching contributions that are equal to or exceed the amount of 
Federal funds available for such action or actions.
  (e) Technical Assistance.--The Secretary, through the Director, may 
provide technical and administrative assistance for implementation of 
Joint Ventures and the expenditure of financial assistance under this 
subsection.
  (f) Acceptance and Use of Donations.--The Secretary, through the 
Director, may accept and use donations of funds, gifts, and in-kind 
contributions to provide assistance under this section.

SEC. 7. REPORTING REQUIREMENTS.

  (a) Annual Reports by Management Boards.--
          (1) In general.--The Secretary, acting through the Director, 
        shall--
                  (A) require each Management Board to submit annual 
                reports for all approved Joint Ventures of the 
                Management Board; and
                  (B) publish within 180 days after the date of 
                enactment of this Act guidelines to implement this 
                subsection.
          (2) Contents.--Each annual report shall include--
                  (A) a description and justification of all 
                conservation actions approved and implemented by the 
                Management Board during the period covered by the 
                report;
                  (B) when appropriate based upon the goals and 
                objectives of an Implementation Plan, an estimate of 
                the total number of acres of migratory bird habitat 
                either restored, protected, or enhanced as a result of 
                such conservation actions;
                  (C) the amounts and sources of Federal and non-
                Federal funding for such conservation actions;
                  (D) the amounts and sources of funds expended for 
                administrative and other expenses of the Joint Venture 
                of the Management Board, including all donations, 
                gifts, and in-kind contributions provided for the Joint 
                Venture;
                  (E) the status of progress made in achieving the 
                strategic framework of the Implementation Plan of such 
                Joint Venture and fulfillment of the purpose of this 
                Act; and
                  (F) other elements considered necessary by the 
                Director to insure transparency and accountability by 
                Management Boards in the implementation of its 
                responsibilities under this Act.
  (b) Joint Venture Program Five-Year Reviews.--
          (1) In general.--The Secretary, acting through the Director, 
        shall at five years after the date of enactment of this Act and 
        at five-year intervals thereafter, complete an objective and 
        comprehensive review and evaluation of the Program.
          (2) Review contents.--Each review under this subsection shall 
        include--
                  (A) an evaluation of the effectiveness of the Program 
                in meeting the purpose of this Act specified in section 
                2(b);
                  (B) an evaluation of all approved Implementation 
                Plans, especially the effectiveness of existing 
                conservation strategies, priorities, and methods to 
                meet the objectives of such plans and fulfill the 
                purpose of this Act; and
                  (C) recommendations to revise the Program or to amend 
                or otherwise revise Implementation Plans to ensure that 
                activities undertaken pursuant to this Act address the 
                effects of climate change on migratory bird populations 
                and their habitats, and fish and wildlife habitats, in 
                general.
          (3) Consultation.--The Secretary, acting through the 
        Director, in the implementation of this subsection--
                  (A) shall consult with other appropriate Federal 
                agencies with responsibility for the conservation or 
                management of fish and wildlife habitat and appropriate 
                State agencies; and
                  (B) may consult with appropriate Indian tribes, 
                Flyway Councils, or regional conservation 
                organizations, public and private landowners, members 
                of academia and the scientific community, and other 
                nonprofit conservation or private stakeholders.
          (4) Public comment.--The Secretary, through the Director, 
        shall provide for adequate opportunities for general public 
        review and comment of the Program as part of the five-year 
        evaluations conducted pursuant to this subsection.

SEC. 8. TREATMENT OF EXISTING JOINT VENTURES.

  For purposes of this Act, the Director--
          (1) shall treat as a Joint Venture any joint venture 
        recognized by the Director before the date of the enactment of 
        this Act in accordance with the United States Fish and Wildlife 
        Services manual (721FW6); and
          (2) shall treat as an Implementation Plan an implementation 
        plan adopted by the management board for such joint venture.

SEC. 9. RELATIONSHIP TO OTHER AUTHORITIES.

  (a) Authorities, etc. of Secretary.--Nothing in this Act affects 
authorities, responsibilities, obligations, or powers of the Secretary 
under any other Act.
  (b) State Authority.--Nothing in this Act preempts any provision or 
enforcement of a State statute or regulation relating to the management 
of fish and wildlife resources within such State.

SEC. 10. FEDERAL ADVISORY COMMITTEE ACT.

  The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to 
any boards, committees, or other groups established under this Act.

                          PURPOSE OF THE BILL

    The purpose of H.R. 2188 is to authorize the Secretary of 
the Interior, through the United States Fish and Wildlife 
Service, to conduct a Joint Venture Program to protect, 
restore, enhance, and manage migratory bird populations, their 
habitats, and the ecosystems they rely on, through voluntary 
actions on public and private lands, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    By the mid-1980's, the draining of wetlands and other 
factors had damaged the habitat of waterfowl and resulted in a 
continent-wide waterfowl population crisis. The United States 
and Canadian governments reacted to this crisis by 
cooperatively developing the North American Waterfowl 
Management Plan (NAWMP). The concept of joint ventures evolved 
as the two federal governments realized they did not have 
sufficient resources to save vital waterfowl habitats. By 
building public-private partnerships, however, their shared 
conservation goals could be met. Conservationists observed the 
success of the NAWMP's joint ventures in restoring waterfowl 
populations and wetland habitat, and soon thereafter other 
shorebirds, landbirds, and waterbirds were integrated into the 
planning processes.
    Currently there are 18 habitat-based joint venture 
partnerships at work across the United States, ranging from 
long-established joint ventures to those in various stages of 
development. There are also three species-based joint ventures 
(arctic goose, black duck and sea duck), and four habitat-based 
joint ventures presently operating in Canada (Canadian 
Intermountain Joint Venture; Eastern Habitat Joint Venture; 
Pacific Coast Joint Venture; and, Prairie Habitat Joint 
Venture). The Canadian Joint Ventures are not subject to the 
terms of this legislation.
    To ensure a logical and coordinated approach to the 
development and support of joint ventures, the United States 
Fish and Wildlife Service defined the term ``joint venture'' in 
Director's Order Number 146 as:

          ``A self-directed partnership of agencies, 
        organizations, corporations, tribes, or individuals 
        that has formally accepted the responsibility of 
        implementing national or international bird 
        conservation plans within a specific geographic area or 
        for a specific taxonomic group, and has received 
        general acceptance in the bird conservation community 
        for such responsibility.''

    Joint ventures conduct a comprehensive suite of activities 
in support of bird conservation goals cooperatively developed 
within each respective partnership. These activities include 
biological planning, conservation design, project development 
and implementation, monitoring, evaluation, applied research, 
communications and outreach, and fund-raising. Joint venture 
activities, while primarily developed to support the goals of 
NAWMP, commonly fulfill the goals and obligations of the United 
States under a variety of other international treaties, 
agreements and initiatives that govern migratory bird 
resources.
    The Fish and Wildlife Service supports recognized joint 
ventures by funding a full-time joint venture coordinator and 
associated costs for program infrastructure. Consistent with 
the partnership, the Service encourages contribution from other 
federal and state agencies, conservation organizations and 
private interests, but does not fund all facets of joint 
venture efforts. To date, joint ventures have invested $4.5 
billion to conserve 15.7 million acres of habitat.
    The Atlantic Coast Joint Venture (ACJV) is a good example 
of the breadth and scope of joint ventures. Stretching from 
Maine to Puerto Rico, the ACJV is focused on conservation of 
habitat for native birds in the Atlantic Flyway, which spans 
over 283 million acres and where more than 600 native bird 
species breed, migrate and winter. The mission of the ACJV is 
to provide a forum for federal, state, regional and local 
partners to coordinate and improve the effectiveness of bird 
conservation planning and implementation throughout the entire 
Atlantic Flyway. Since its inception in 1988, the ACJV has 
protected, restored or enhanced 4,233,300 acres of critical 
bird habitat, and the ACJV and its partners have supported 
research projects to address some of their most pressing needs.
    H.R. 2188 was introduced to provide a statutory 
authorization for this very important continent-wide tool that 
encourages a broad, landscape-approach to the conservation of 
bird habitat. The bill, as introduced and passed by the 
committee, captures the fundamental aspects of joint ventures 
as they have been defined and as they have evolved. The 
legislation also fully incorporates the voluntary, partnership-
oriented approach to habitat conservation that make joint 
ventures flexible, adaptive, innovative and effective in 
conserving and protecting bird habitats in North America.

                            COMMITTEE ACTION

    H.R. 2188 was introduced on April 30, 2009 by 
Representative Frank Kratovil, Jr. (D-MD). The bill was 
referred to the Committee on Natural Resources, and within the 
Committee to the Subcommittee on Insular Affairs, Oceans and 
Wildlife. On May 13, 2009, the Subcommittee held a hearing on 
the bill.
    On June 10, 2009, the Subcommittee was discharged from 
further consideration of H.R. 2188 and the Full Natural 
Resources Committee met to consider the bill. Rep. Kratovil 
offered an amendment in the nature of a substitute to make 
technical and clarifying changes to the bill. More 
specifically, the definition for ``conservation project'' was 
changed to ``conservation action'' to better capture the full 
range and diversity of joint venture activities. The amendment 
also inserted the phrase ``or strategies'' to further broaden 
the reference beyond the list of bird conservation statutes and 
plans for which the United States has binding obligations. 
Without making the list of statutes and plans in the bill 
unwieldy, this amendment gives joint ventures greater 
flexibility to continue to support other meritorious bird 
conservation strategies not listed, such as Wetlands of 
International Importance listed under the Ramsar Convention on 
Wetlands, or Important Bird Areas identified through the 
Important Bird Area Program administered by the National 
Audubon Society. The amendment was adopted by unanimous 
consent. The bill, as amended, was then ordered favorably 
reported to the House of Representatives by unanimous consent.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides that this bill may be cited as the 
``Joint Ventures for Bird Habitat Conservation Act of 2009.''

Section 2. Findings and purpose

    Section 2 provides the general purpose of the bill, along 
with several findings which: recognize the economic and 
environmental importance of migratory bird populations; 
acknowledge the responsibilities of the federal government, 
including international treaty obligations, and the role of the 
states in conserving this resource; and, appreciate the 
demonstrated value of voluntary partnerships, including Joint 
Ventures, in implementing effective landscape level bird 
conservation strategies.

Section 3. Definitions

    Section 3 provides definitions for several terms used 
throughout the bill.

Section 4. Joint Ventures Program

    Section 4 authorizes the Secretary of the Interior 
(Secretary) to conduct, through the U.S. Fish and Wildlife 
Service, a Joint Ventures Program administered by the Director 
of the Service. The Director shall develop an administrative 
framework for the Program, including the approval, 
establishment and implementations of Joint Ventures, to ensure 
that the Program complements and supports the activities of the 
Secretary under multiple bird conservation statutes, treaties 
and strategies.

Section 5. Joint Venture establishment and administration

    Section 5 authorizes the Director to enter into agreements 
with eligible partners, as defined in this section, to 
establish Joint Ventures. All Joint Ventures are required to 
have Management Boards of diverse membership operating under 
organization and operations plans. Each Joint Venture is 
required to develop an Implementation Plan to be approved by 
the Director which details the strategic framework for the 
long-term conservation agenda for the Joint Venture. All 
Implementation Plans shall be circulated for public review and 
comment and shall be approved by the Director if the Plan 
fulfills all criteria for approval.

Section 6. Grants and other assistance

    Section 6 authorizes the Director to award financial grants 
or provide technical assistance to support approved Joint 
Ventures. Financial support may be used by Joint Ventures for 
administrative and management activities or to implement 
conservation projects. The Director is required to develop 
grant program guidelines within 180 days after date of 
enactment of this Act. For projects of equal conservation 
value, Management Boards are to give priority to projects that 
provide non-federal matching contributions equal to or in 
excess of the federal grant amount. The Secretary is authorized 
to accept gifts, donations and in-kind contributions in order 
to provide assistance.

Section 7. Reporting requirements

    Section 7 requires all Joint Venture Management Boards to 
report annually to the Director on all activities undertaken 
during the preceding year, including amounts spent on 
administrative expenses and conservation projects, and the 
status of progress to meet the goals and objectives of related 
Implementation Plans. The Secretary, through the Director, 
shall be required to complete a comprehensive review of the 
Program beginning five years after date of enactment and every 
five years thereafter. These five-year reviews shall be subject 
to public review and comment.

Section 8. Treatment of existing Joint Ventures

    Section 8 considers all Joint Ventures and all approved 
Implementation Plans in existence prior to the date of 
enactment of this Act, to be approved under this Act.

Section 9. Relationship to other authorities

    Section 9 assures that nothing in this Act would affect 
other authorities, responsibilities or powers of the Secretary 
of the Interior or preempt any State authority relating to the 
management of fish and wildlife.

Section 10. Federal Advisory Committee Act

    Section 10 states that the Federal Advisory Committee Act 
would not apply to the activities of Joint Ventures.

            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 Natural 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 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 authorize the Secretary of the 
Interior, through the United States Fish and Wildlife Service, 
to conduct a Joint Venture Program to protect, restore, 
enhance, and manage migratory bird populations, their habitats, 
and the ecosystems they rely on, through voluntary actions on 
public and private lands, and for other purposes.
    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. 2188--Joint Ventures for Bird Habitat Conservation Act of 2009

    H.R. 2188 would authorize the United States Fish and 
Wildlife Service to enter into joint ventures with public and 
private stakeholders to promote the conservation of migratory 
birds. The bill also would codify the mechanisms used to 
establish and support joint ventures, such as allowing federal 
agencies to provide personnel to assist them. Finally, the bill 
would authorize the Fish and Wildlife Service to award grants, 
subject to the availability of appropriations, to provide 
financial assistance to joint ventures.
    Based on information from the Fish and Wildlife Service, 
CBO estimates that H.R. 2188 would have a negligible effect on 
the federal budget because a similar program currently exists. 
Nearly $13 million was appropriated for that program in 2009.
    H.R. 2188 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no cost on state, local, or tribal governments. 
Those governments would benefit from technical and financial 
assistance for conservation activities related to migratory 
birds. Any costs to those governments would be incurred 
voluntarily as a condition of receiving federal assistance.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by Peter H. Fontaine, Assistant Director 
for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 2188 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

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

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
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