[Senate Report 111-165]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 327
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-165

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TO AMEND THE NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT TO REAUTHORIZE 
                                THE ACT

                                _______
                                

   March 22 (legislative day, March 19), 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 S. 690]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 690) to reauthorize the Neotropical 
Migratory Bird Conservation Act, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                    General Statement and Background

    In partnership with other government wildlife agencies and 
conservation groups, the U.S. Fish and Wildlife Service 
recently published a comprehensive report on the state of our 
nation's birds. The State of the Birds 2009 documents that bird 
populations are in decline in many habitats across the United 
States, and in highly specialized habitats, such as Hawaii, we 
are on the verge of losing entire suites of unique birds and 
native plant communities. Currently, almost one-third of the 
over 800 species of birds in the United States are either 
federally listed as endangered or threatened, or are species of 
conservation concern--due to their small distribution, high 
threats or declining populations.
    Wildlife watching, including bird watching, is an 
increasingly profitable industry in the United States. The 2006 
National Survey of Fishing, Hunting and Wildlife-Associated 
Recreation, which represents the most recent data compiled by 
the U.S. Fish and Wildlife Service on the economic impact of 
wildlife recreation, showed that $45.7 billion was spent in 
2006 alone on wildlife watching.
    Birds are also important indicators for the health and 
integrity of our natural environment. As bird populations 
decline, they signal failing ecosystems and warn of the 
deterioration of the quality of the air, water and soil on 
which we depend.
    Originally authorized in 2000, the Neotropical Migratory 
Bird Conservation Act (Public Law 106-247) encourages habitat 
protection, education, researching, monitoring, and capacity 
building to provide for the long-term protection of neotropical 
migratory birds. It does this by providing grants to countries 
in Latin America and the Caribbean for the conservation of 
these birds, through a competitive matching grants program to 
leverage funding from a range of non-governmental sources. Up 
to one-quarter of the annual grants can be used for projects in 
the United States.
    The Neotropical Migratory Bird Conservation Act of 2000 
authorized an annual $5 million for each of the fiscal years 
2001 through 2005. The Act was reauthorized in 2006 to increase 
the authorization level from $5 million to $6.5 million for 
Fiscal Years 2006-2010.
    Since 2002, the U.S. has invested more than $25 million in 
262 projects in 44 States, Canada, and 33 Latin American and 
Caribbean countries, and leveraged an additional $116 million 
in partner funds to support these projects. Since the program's 
inception, grant requests from qualified applicants have far 
exceeded the Act's available funding. In the last five years, 
almost two-thirds of eligible grant proposals have been turned 
away. The reauthorization legislation would authorize $8 
million for fiscal year 2010, gradually escalating to $20 
million for fiscal year 2015, in order to meet expanding 
funding needs.

                     Objectives of the Legislation

    S. 690 amends the Neotropical Migratory Bird Conservation 
Act to increase the amount authorized in fiscal year 2010 and 
reauthorizes the Act for fiscal years 2011 through 2015.

                      Section-by-Section Analysis


Section 1. Reauthorization of Neotropical Migratory Bird Conservation 
        Act

    This section amends Section 10 of the Neotropical Migratory 
Bird Conservation Act (16 U.S.C. 6109) to authorize 
appropriations to carry out the Act. Amounts authorized would 
increase incrementally from $8 million in fiscal year 2009 to 
$20 million in fiscal year 2015. This section further provides 
that of the amounts made available in this section, not less 
than 75 percent shall be expended for projects carried out at a 
location outside of the United States.

                          Legislative History

    On March 25, 2009, Senator Cardin introduced this 
legislation, which is cosponsored by Senators Crapo, Leahy, 
Lieberman, Menendez, Nelson of Florida, and Durbin. The bill 
was received, read twice and referred to the Senate Committee 
on Environment and Public Works. The Committee met on June 18, 
2009, to consider the bill, and ordered S. 690 to be reported 
favorably without amendment.

                                Hearings

    No committee hearings were held on S. 690.

                             Rollcall Votes

    On June 18, 2009, the Committee on Environment and Public 
Works ordered S. 690 to be favorably reported by voice vote 
with Senator Inhofe recorded as ``nay.'' 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. 690 
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. 690 would not 
impose Federal intergovernmental unfunded mandates on State, 
local, or tribal governments.

S. 690--A bill to amend the Neotropical Migratory Bird Conservation Act 
        to reauthorize the act

    Summary: S. 690 would authorize appropriations for grants 
and other activities carried out under the Neotropical 
Migratory Bird Conservation Act through 2015. Assuming 
appropriation of the authorized amounts, CBO estimates that 
implementing the bill would cost $51 million over the 2010-2014 
period. (After 2014, $29 million would be spent, including $20 
million authorized to be appropriated in 2015.) Enacting S. 690 
would have no effect on revenues or direct spending.
    The bill 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. 690 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--
                                          ----------------------------------------------------------------------
                                             2009      2010      2011      2012      2013      2014    2009-2014
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending Under Current Law:
    Budget Authority/Authorization                5         6         0         0         0         0         11
     Level\1\............................
    Estimated Outlays....................         4         5         1         0         0         0         11
Proposed Changes:
    Authorization Level..................         0         2        11        13        16        18         60
    Estimated Levels.....................         0         1         7        11        15        17         51
Spending Under S. 690:
    Budget Authority/Authorization Level.         5         8        11        13        16        18         71
    Estimated Outlays....................         4         6         8        11        15        17        62
----------------------------------------------------------------------------------------------------------------
\1\The 2009 level is the amount appropriated for that year for the Neotropical Migratory Bird Conservation
  Program. Under current law, $6.5 million in funding is authorized to be appropriated for 2010.

    Basis of estimate: For this estimate, CBO assumes that S. 
690 will be enacted near the end of 2009 and that the amounts 
authorized by the bill will be appropriated for each year, 
including $1.5 million for 2010 (in addition to $6.5 million 
that is already authorized for that year). Estimated outlays 
are based on historical spending patterns for this program.
    S. 690 would authorize annual funding of between $8 million 
(for 2010) and $20 million (for 2015) for the Neotropical 
Migratory Bird Conservation Program. The program is carried out 
by the U.S. Fish and Wildlife Service and supports research and 
conservation grants to protect certain species of birds.
    Intergovernmental and private-sector impact: S. 690 
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, Deborah Reis; Impact 
on State, Local, and Tribal Governments, Melissa Merrell; 
Impact on the Private Sector, Amy Petz.
    Estimate approved by: Peter H. Fontaine, 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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NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT

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[SEC. 6109. AUTHORIZATION OF APPROPRIATIONS

    [(a) In general
    [There is authorized to be appropriated to the Account to 
carry out this chapter 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) $5,500,000 for fiscal year 2008;
            [(3) $6,000,000 for fiscal year 2009; and
            [(4) $6,500,000 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.]

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to 
carry out this Act, to remain available until expended--
            (1) $8,000,000 for fiscal year 2010;
            (2) $11,000,000 for fiscal year 2011;
            (3) $13,000,000 for fiscal year 2012;
            (4) $16,000,000 for fiscal year 2013;
            (5) $18,000,000 for fiscal year 2014; and
            (6) $20,000,000 for fiscal year 2015.
    (b) Use of Funds.--Of the amounts made available under 
subsection (a) for each fiscal year, not less than 75 percent 
shall be expended for projects carried out at a location 
outside of the United States.

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