[Senate Report 111-158]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 308
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-158

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  AMENDING THE NORTH AMERICAN WETLANDS CONSERVATION ACT TO ESTABLISH 
REQUIREMENTS REGARDING PAYMENT OF THE NON-FEDERAL SHARE OF THE COSTS OF 
  WETLANDS CONSERVATION PROJECTS IN CANADA THAT ARE FUNDED UNDER THAT 
                      ACT, AND FOR OTHER PURPOSES

                                _______
                                

                  March 5, 2010.--Ordered to be printed

                                _______
                                

    Mrs. Boxer, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3433]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (H.R. 3433) to amend the North American 
Wetlands Conservation Act to establish requirements regarding 
payment of the non-Federal share of the costs of wetlands 
conservation projects in Canada that are funded under that 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

    The North American Wetlands Conservation Act (NAWCA) was 
passed in 1989 to support the activities of the North American 
Waterfowl Management Plan and to combat the dramatic loss of 
wetland ecosystems. The Act provides a funding mechanism to 
support cooperative, public-private wetlands conservation 
efforts throughout North America. The Act requires that Federal 
spending under the program be matched 100% from non-Federal 
sources. The program is administered by the Fish and Wildlife 
Service's Division of Bird Habitat Conservation and has, over 
the past 20 years, funded over 1,900 projects to conserve more 
than 25 million acres of wetlands.
    At present, NAWCA projects may be undertaken in Canada, but 
the required non-Federal match may not include funding from 
Canadian sources. However, NAWCA currently allows Mexican 
sources of funding to count towards the matching requirements 
for projects in Mexico. In order to reconcile this 
inconsistency and to encourage contributions from Canadian 
sources, this bill amends NAWCA to allow non-U.S. sources to 
contribute to the non-Federal share of a conservation project 
in Canada. The bill specifies that funds from Canadian sources 
may comprise up to 50% of the non-Federal share of conservation 
projects in Canada.

                     Objectives of the Legislation

    Amends the North American Wetlands Conservation Act to 
allow the non-Federal share of the costs of wetlands 
conservation projects carried out in Canada to include cash 
contributions from non-U.S. sources and allow funds from 
Canadian sources to comprise up to 50% of the non-Federal share 
of such project costs.

                      Section-by-Section Analysis


Section 1. Payment of non-Federal share of projects in Mexico and 
        Canada under North American Wetlands Conservation Act

    Amends Section 8(b)(3) of the North American Wetlands 
Conservation Act ((16 U.S.C. 4407(b)(3)) to allow for 
contributions of non-U.S. sources of funding for the non-
Federal share of projects in Canada and Mexico and specifies 
that funds from Canadian sources may comprise up to 50% of the 
non-Federal share of Canadian projects.

                          Legislative History

    H.R. 3433 was introduced on July 30, 2009 by Congressman 
Robert Wittman (R-VA). The bill was referred to the Committee 
on Natural Resources, and within the Committee to the 
Subcommittee on Insular Affairs, Oceans and Wildlife. On 
September 30, 2009, the Subcommittee was discharged from 
further consideration of H.R. 3433 and the full Natural 
Resources Committee met to consider the bill. The bill was 
ordered favorably reported to the House of Representatives by 
unanimous consent. On October 13, 2009 H.R. 3433 was passed by 
the House of Representatives by voice vote. On December 10, 
2009 the Senate Committee on Environment and Public Works 
ordered the bill to be favorably reported without amendment.

                                Hearings

    On September 22, 2009, the Subcommittee on Insular Affairs, 
Oceans and Wildlife of the House Committee on Natural Resources 
held a hearing on the bill. On December 3, 2009, the Water and 
Wildlife Subcommittee of the Senate Environment and Public 
Works Committee held a legislative hearing on multiple wildlife 
and invasive species bills, including H.R. 3433.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider H.R. 3433 on December 10, 2009. The bill was ordered 
favorably reported by voice vote.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that H.R. 
3433 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 noted that the Congressional 
Budget Office has found, ``The legislation contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would impose no costs on 
state, local, or tribal governments.''

               Congressional Budget Office Cost Estimate

                                                 December 14, 2009.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works, U.S. Senate, 
        Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3433, an act to 
amend the North American Wetlands Conservation Act to establish 
requirements regarding payment of the nonfederal share of the 
costs of wetlands conservation projects in Canada that are 
funded under that act, and for other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 3433--An act to amend the North American Wetlands Conservation Act 
        to establish requirements regarding payment of the nonfederal 
        share of the costs of wetlands conservation projects in Canada 
        that are funded under that act, and for other purposes

    H.R. 3433 would authorize the U.S. Fish and Wildlife 
Service (USFWS) to accept contributions from Canada for the 
nonfederal share of funding for projects carried out under the 
North American Wetlands Conservation Act (NAWCA). CBO estimates 
that enacting H.R. 3433 would not affect the federal budget.
    Under NAWCA, the USFWS makes grants to nonfederal entities 
such as nonprofit organizations for projects to protect 
migratory bird habitat in North America, conduct research and 
monitoring, and provide education. The act requires that up to 
half of the cost of each project, which may be carried out in 
Canada or Mexico, must be contributed by nonfederal sources, 
and projects in Canada must be funded in U.S. dollars. H.R. 
3433 would allow a portion of the nonfederal funding of NAWCA 
projects in Canada to be paid in Canadian dollars. The bill 
would not change the amounts authorized to be appropriated 
under NAWCA (currently, $75 million a year through 2012) or 
provide any other funding. For fiscal year 2010, $48 million 
has been appropriated for the program.
    The legislation contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
and would impose no costs on state, local, or tribal 
governments.
    On October 5, 2009, CBO provided a cost estimate for H.R. 
3433, as ordered reported by the House Committee on Natural 
Resources on September 30, 2009. The two pieces of legislation 
are identical as are the estimated costs.
    The CBO staff contacts for this estimate are Deborah Reis 
and Matthew Pickford. The estimate was approved by Theresa 
Gullo, 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:

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NORTH AMERICAN WETLANDS CONSERVATION ACT

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

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