[House Report 113-501]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-501

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



 
           NORTH AMERICAN WETLANDS CONSERVATION EXTENSION ACT

                                _______
                                

 June 30, 2014.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 2208]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2208) to extend the authorization of 
appropriations for allocation to carry out approved wetlands 
conservation projects under the North American Wetlands 
Conservation Act through fiscal year 2017, 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 ``North American Wetlands Conservation 
Extension Act''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

  Section 7(c) of the North American Wetlands Conservation Act (16 
U.S.C. 4406(c)) is amended by striking ``not to exceed--'' and all that 
follows through paragraph (5) and inserting ``not to exceed $35,000,000 
for each of fiscal years 2015 through 2018.''.

SEC. 3. LIMITATION ON EXPENDITURES FOR FEE TITLE ACQUISITION.

  (a) Limitation.--Section 6 of the North American Wetlands 
Conservation Act (16 U.S.C. 4405) is amended by adding at the end the 
following:
  ``(c) Limitation on Expenditures for Land Acquisition.--Amounts 
appropriated under the authority of this Act may not be used--
          ``(1) by the Secretary to acquire fee title to land on behalf 
        of the United States;
          ``(2) by the Secretary to acquire fee title to any land from 
        a third party who used funds appropriated under the authority 
        of this Act to acquire fee title to that land unless the 
        Secretary can certify that the Secretary has sufficient 
        available funds to properly manage and maintain the land being 
        acquired, including the provision of access for hunting; or
          ``(3) by a nongovernment organization to acquire fee title to 
        land within the United States unless the acquisition is 
        approved by the State or insular area fish and wildlife agency 
        with jurisdiction with respect to that land.''.
  (b) Application.--The amendment made by subsection (a) shall not 
apply with respect to any specific land acquisition required by 
contract or other agreement entered into before the date of enactment 
of this Act.

SEC. 4. ANNUAL REPORT ON EXPENDITURES.

  Section 10(2) of the North American Wetlands Conservation Act (16 
U.S.C. 4409(2)) is amended to read as follows:
          ``(2) an annual assessment of the status of wetlands 
        conservation projects, including an accounting of--
                  ``(A) expenditures by Federal, State, and other 
                United States entities;
                  ``(B) expenditures made for fee-simple acquisition of 
                Federal lands in the United States; and
                  ``(C) expenditures by Canadian and Mexican sources to 
                carry out wetland projects funded under this Act.''.

                          Purpose of the Bill

    The purpose of H.R. 2208 is to extend the authorization of 
appropriations for allocation to carry out approved wetlands 
conservation projects under the North American Wetlands 
Conservation Act through fiscal year 2017.

                  Background and Need for Legislation

    In 1989, Congress enacted the North American Wetlands 
Conservation Act (NAWCA). The fundamental goal of this law is 
to restore waterfowl populations through partnerships involving 
federal, State, provincial, territorial, and tribal governments 
joining forces with private conservation organizations and 
individuals. NAWCA provides a funding mechanism for cooperative 
public-private wetlands conservation efforts throughout North 
America. Funding for these projects is drawn from four sources: 
interest from short-term investment of the Federal Aid in 
Wildlife (Pittman-Robertson) Restoration Fund; fines and 
forfeitures imposed for violations of the Migratory Bird Treaty 
Act; a portion of the Sport Fish Restoration Fund; and 
appropriated dollars.
    The underlying law also established the North American 
Wetlands Conservation Council, which has nine members 
representing federal and state fish and wildlife agencies, 
nonprofit organizations participating in wetland conservation, 
and the National Fish and Wildlife Foundation, to oversee the 
distribution of funds. Any federal, State, local, or private 
organization may apply for a grant to conduct a wetlands 
conservation project in North America. The Migratory Bird 
Conservation Commission, a seven-member commission, is required 
to serve as the final arbiter by providing funding approval for 
projects recommended by the Council.
    These projects aim to protect and/or restore wetlands and 
associated uplands, and, for projects in Mexico, provide 
funding for educational activities. All grants must be matched 
at least 1:1 with non-federal funds. NAWCA is a highly 
competitive matching grant program with requests for projects 
far exceeding available funds on an annual basis. Congress 
passed this law to fund migratory bird habitat conservation 
throughout the entire North American range and the Council has 
traditionally allocated 50 percent of the funds for projects in 
the United States, 45 percent for projects in Canada and five 
percent for projects in Mexico. Under current law, the Council 
must allocate at least 30 percent and not more than 60 percent 
for projects in these two foreign countries.
    In fiscal year 2014, Congress appropriated $34.1 million 
for the North American Wetlands Conservation Fund. In addition, 
it is anticipated that contributions from interest on Pittman-
Robertson funds will total $7.186 million. Fines and 
forfeitures under the Migratory Bird Treaty Act will add 
$651,000. In addition, the National Coastal Wetlands Planning, 
Protection and Restoration Program within the Sport Fish 
Restoration Fund will contribute about $15.881 million. In 
total, $57.818 million should be available for grants in the 
United States, Canada and Mexico.
    Since the first wetlands grants were awarded in 1991, over 
2,200 grant projects have been funded by the Migratory Bird 
Conservation Commission. These grants, involving more than 
5,000 partners, have invested $1.24 billion in federal funds 
and more than $3.4 billion in private matching contributions. 
This money was used to acquire, create and restore nearly 27 
million acres of wetlands and associated uplands in the United 
States, Canada and Mexico. In addition, these grants were also 
responsible for erosion and flood control.
    In terms of overall funding, during the past 25 years, 
NAWCA has received $687 million in appropriated dollars with 
the highest level of $47.6 million occurring in fiscal year 
2010. This has been matched by more than $3.4 billion in 
private matching money. Since NAWCA's initial enactment in 
1989, Congress has extended it on four separate occasions. The 
most recent reauthorization occurred in 2006, when Congress 
enacted legislation extending the authorization of 
appropriation level of up to $75 million each year until 
September 30, 2012.
    During Full Committee markup of H.R. 2208, Chairman Doc 
Hastings (R-WA) offered an amendment that set the annual 
authorization level of $35 million each year. This level 
reflects the actual budget appropriations for the program. In 
addition, the Chairman's amendment placed a limit on federal 
acquisition of fee title land, ensuring that this critical 
funding is directed primarily to conservation projects which 
generates 10:1 benefit versus fee title acquisition, requires 
approval of governors in states where fee title acquisition is 
done, and for the first time establishes an annual audit of all 
NAWCA program expenditures. The amendment was adopted by voice 
vote.

                            Committee Action

    H.R. 2208 was introduced on May 23, 2013, by Congressman 
Robert J. Wittman (R-VA). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Fisheries, Wildlife, Oceans and Insular 
Affairs. On August 2, 2013, the Subcommittee held a hearing on 
the bill. On April 9, 2014, the Natural Resources Committee met 
to consider the bill. The Subcommittee on Fisheries, Wildlife, 
Oceans and Insular Affairs was discharged by unanimous consent. 
Chairman Doc Hastings (R-WA) offered an amendment designated 
#1. Delegate Madeleine Bordallo (D-GU) offered an amendment to 
the Hastings amendment designated .001; the amendment was not 
adopted by a roll call vote of 14 to 22, as follows:


    The Hastings amendment was adopted by voice vote. The bill, 
as amended, was then adopted and ordered favorably reported to 
the House of Representatives by voice vote.

            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.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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. 2208--North American Wetlands Conservation Extension Act

    Summary: H.R. 2208 would authorize the appropriation of $35 
million a year through 2018 for programs carried out under the 
North American Wetlands Conservation Act (NAWCA). The U.S. Fish 
and Wildlife Service (USFWS) uses amounts appropriated under 
NAWCA primarily for grants to state, local, and tribal 
governments, nonprofit organizations, and other entities that 
carry out wetlands conservation projects.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing the legislation would cost $110 
million over the 2015-2019 period and $30 million after 2019. 
Enacting H.R. 2208 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    H.R. 2208 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 2208 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).
    For this estimate, CBO assumes that the bill will be 
enacted near the end of 2014 and that the authorized amounts 
will be appropriated for each fiscal year. Estimated outlays 
are based on historical spending patterns for this program.

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                    ------------------------------------------------------------
                                                       2015      2016      2017      2018      2019    2015-2019
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Levela...............................        35        35        35        35         0        140
Estimated Outlays..................................        12        20        27        35        16        110
----------------------------------------------------------------------------------------------------------------
a The U.S. Fish and Wildlife Service received appropriations totaling $34 million in fiscal year 2014 to carry
  out activities under the North American Wetlands Conservation Act.

    Intergovernmental and private-sector impact: H.R. 2208 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. Enacting this legislation would benefit state, 
local, and tribal governments because they would receive a 
portion of any authorized amounts.
    Previous CBO estimate: On February 28, 2014, CBO 
transmitted a cost estimate for S. 741, the North American 
Wetlands Conservation Extension Act of 2014. The two bills are 
similar; however, the Senate version of the legislation would 
authorize the appropriation of $55 million a year through 2019. 
In addition, CBO assumed that S. 741 would be enacted earlier 
in 2014 and that supplemental appropriations would be provided 
in that year. The CBO cost estimates reflect those differences.
    Estimate prepared by: Federal Costs: Jeff LaFave; Impact on 
State, Local, and Tribal Governments: Melissa Merrell; Impact 
on the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.
    2. Section 308(a) of 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, credit authority, or an increase or decrease in 
revenues or tax expenditures. CBO estimates that implementing 
the legislation would cost $110 million over the 2015-2019 
period and $30 million after 2019.
    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 extend the authorization of 
appropriations for allocation to carry out approved wetlands 
conservation projects under the North American Wetlands 
Conservation Act through fiscal year 2017.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does 
reauthorize a program of the federal government known to be 
duplicative of another federal program. Such program was 
identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs. Those programs are the 
Sport Fish Restoration program, wildlife restoration, Coastal 
Wetlands Planning, Protection and Restoration Act, and 
neotropical migratory bird conservation.

                Preemption of State, Local or Tribal Law

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

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                NORTH AMERICAN WETLANDS CONSERVATION ACT




           *       *       *       *       *       *       *
SEC. 6. CONDITIONS RELATING TO WETLANDS CONSERVATION PROJECTS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Limitation on Expenditures for Land Acquisition.--Amounts 
appropriated under the authority of this Act may not be used--
--
          (1) by the Secretary to acquire fee title to land on 
        behalf of the United States;
          (2) by the Secretary to acquire fee title to any land 
        from a third party who used funds appropriated under 
        the authority of this Act to acquire fee title to that 
        land unless the Secretary can certify that the 
        Secretary has sufficient available funds to properly 
        manage and maintain the land being acquired, including 
        the provision of access for hunting; or
          (3) by a nongovernment organization to acquire fee 
        title to land within the United States unless the 
        acquisition is approved by the State or insular area 
        fish and wildlife agency with jurisdiction with respect 
        to that land.

SEC. 7. AMOUNTS AVAILABLE TO CARRY OUT THIS ACT.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Authorization of Appropriations.--In addition to the 
amounts made available under subsections (a) and (b) of this 
section, there are authorized to be appropriated to the 
Department of the Interior for purposes of allocation under 
section 8 of this Act [not to exceed--] not to exceed 
$35,000,000 for each of fiscal years 2015 through 2018.
          [(1) $55,000,000 for fiscal year 2003;
          [(2) $60,000,000 for fiscal year 2004;
          [(3) $65,000,000 for fiscal year 2005;
          [(4) $70,000,000 for fiscal year 2006; and
          [(5) $75,000,000 for each of fiscal years 2008 
        through 2012.]

           *       *       *       *       *       *       *


SEC. 10. REPORT TO CONGRESS.

   The Secretary shall report to the appropriate Committees on 
the implementation of this Act. The report shall include----
          (1) * * *
          [(2) an annual assessment of the status of wetlands 
        conservation projects, including an accounting of 
        expenditures by Federal, State, and other United States 
        entities, and expenditures by Canadian and Mexican 
        sources to carry out these projects.]
          (2) an annual assessment of the status of wetlands 
        conservation projects, including an accounting of----
                  (A) expenditures by Federal, State, and other 
                United States entities;
                  (B) expenditures made for fee-simple 
                acquisition of Federal lands in the United 
                States; and
                  (C) expenditures by Canadian and Mexican 
                sources to carry out wetland projects funded 
                under this Act.

           *       *       *       *       *       *       *


                            DISSENTING VIEWS

    The North American Wetlands Conservation Act (NAWCA) is 
critical to protecting habitat for waterfowl and other 
migratory birds, and has enjoyed broad, bipartisan support in 
Congress since its passage in 1989. NAWCA implements the U.S. 
commitment to the North American Waterfowl Management Plan; 
NAWCA grants have protected, restored, or enhanced 27.1 million 
acres of wetlands at least 1:1 by non-Federal funds, which 
leverages significant contributions from states and private 
partners. NAWCA projects use fee title ownership, conservation 
easements, and landowner agreements to ensure conservation 
benefits for the long term (25 years or more), to the benefit 
of birds, fish, and other wildlife, as well as wildlife-
dependent recreation for millions of Americans.
    As introduced, H.R. 2208 would have reauthorized 
appropriations for NAWCA through 2017 at $75 million--the level 
set in the last reauthorization. While the amount appropriated 
in FY 2013 was $33.6 million, funding climbed as high as $47.6 
million in 2008, before the recession. Keeping the $75 million 
authorization level in place would allow conservation of more 
wetlands as the economy continues to improve and we, along with 
a coalition of conservation and sportsmen's groups including 
Ducks Unlimited, The Nature Conservancy, and the Association of 
Fish and Wildlife Agencies, supported the bill as introduced.
    Unfortunately, the Republican majority insisted on a 
hostile amendment to H.R. 2208, leaving the legislation as 
reported significantly flawed. The amendment slashes the 
authorization level to $35 million and prohibits the Secretary 
of the Interior from using these funds to acquire land.
    Fee title purchase of land is sometimes the only way to 
ensure conservation of critical wetlands, especially in coastal 
areas with heavy development pressure. It is vital that federal 
managers have this tool, along with sufficient funding, to 
address conservation priorities for hunters, anglers, and other 
outdoor enthusiasts. Because the Republican amendment defeats 
both of these purposes, we oppose H.R. 2008, as reported.

                                   Peter DeFazio,
                                           Ranking Member, Committee on 
                                               Natural Resources.
                                   Gregorio Kilili Camacho Sablan,
                                           Ranking Member, Subcommittee 
                                               on Fisheries, Wildlife, 
                                               Oceans and Insular 
                                               Affairs.

                                  
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