[House Report 118-439]
[From the U.S. Government Publishing Office]


118th Congress   }                                       {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                       {     118-439

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



 
 MIGRATORY BIRDS OF THE AMERICAS CONSERVATION ENHANCEMENTS ACT OF 2023

                                _______
                                

 April 5, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 4389]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 4389) to amend the Neotropical Migratory Bird 
Conservation Act to make improvements to that Act, and for 
other purposes, having considered the same, reports favorably 
thereon with an amendment and recommends 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 ``Migratory Birds of the Americas 
Conservation Enhancements Act of 2023''.

SEC. 2. NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT AMENDMENTS.

  (a) Federal Share.--Section 5(e)(1) of the Neotropical Migratory Bird 
Conservation Act (16 U.S.C. 6104(e)(1)) is amended by striking ``25 
percent'' and inserting ``33.3 percent''.
  (b) Cooperation.--Section 7 of the Neotropical Migratory Bird 
Conservation Act (16 U.S.C. 6106) is amended by adding at the end the 
following:
  ``(c) Report to Congress.--Not later than 180 days after the date of 
the enactment of the Migratory Birds of the Americas Conservation 
Enhancements Act of 2023, the Secretary shall submit to the Committee 
on Environment and Public Works of the Senate and the Committee on 
Natural Resources of the House of Representatives a report describing 
the implementation of subsection (b) by the Secretary, which shall 
include, if applicable, a description of the composition of the 
advisory group convened under paragraph (1) of that subsection.''.
  (c) Authorization of Appropriations.--Section 10(a) of the 
Neotropical Migratory Bird Conservation Act (16 U.S.C. 6109(a)) is 
amended by striking ``2023'' and inserting ``2028''.
  (d) Technical Corrections.--
          (1) Definitions.--Section 4 of the Neotropical Migratory Bird 
        Conservation Act (16 U.S.C. 6103) is amended--
                  (A) by striking paragraph (1); and
                  (B) by redesignating paragraphs (2) through (5) as 
                paragraphs (1) through (4), respectively.
          (2) Cooperation.--Section 7(b)(1) of the Neotropical 
        Migratory Bird Conservation Act (16 U.S.C. 6106(b)(1)) is 
        amended in the second sentence by adding a period at the end.

                       Purpose of the Legislation

    The purpose of H.R. 4389 is to amend the Neotropical 
Migratory Bird Conservation Act to make improvements to that 
Act, and for other purposes.

                  Background and Need for Legislation

    H.R. 4389 reauthorizes the Neotropical Migratory Bird 
Conservation Act (NMBCA), which expired at the end of Fiscal 
Year (FY) 2023, through FY 2028. The Neotropical Bird 
Conservation Act was passed by Congress in 2000, with the first 
projects being funded in 2002.\1\ Grants made available by the 
program are authorized to conserve habitat for 390 different 
species of migratory birds that spend summer months in North 
America and winter months in Latin America or the Caribbean.\2\ 
By law, 75 percent of the funds made available under the act 
must go to fund projects in Latin America, the Caribbean, or 
Canada.\3\ According to the U.S. Fish and Wildlife Service 
(FWS) FY 2025 budget justification, the Neotropical Bird 
Conservation Program has awarded 717 grants, totaling $89 
million in taxpayer dollars and over $346 million in partner 
match dollars since it was initiated.\4\
---------------------------------------------------------------------------
    \1\U.S. Fish and Wildlife Service, Fiscal Year 2024 Budget 
Justifications. fy2024-fws-greenbook.pdf-508.pdf.
    \2\U.S. Fish and Wildlife Service, Fiscal Year 2025 Budget 
Justifications. FY 2025 Budget Justification and Performance 
Information FWS.
    \3\Id.
    \4\Id.
---------------------------------------------------------------------------
    The Migratory Birds of the Americas Conservation 
Enhancements Act (H.R. 4389) builds on the success of the NMBCA 
program by reauthorizing its existing authorization of 
appropriations level of $6.5 million. Additionally, it 
increases the federal cost share for grants from 25 percent to 
33.3 percent. The Act was last reauthorized by the John D. 
Dingell, Jr. Conservation, Management, and Recreation Act (P.L. 
116-9) in 2019.\5\ In FY 2025, the FWS requested the program be 
funded at $5.1 million. According to the FWS, funding under 
this program is highly competitive, with applicants requesting 
nearly $7.5 million in funding for projects in FY 2024.\6\
---------------------------------------------------------------------------
    \5\P.L. 116-9.
    \6\Id.
---------------------------------------------------------------------------

                            Committee Action

    H.R. 4389 was introduced on June 27, 2023, by Rep. Maria 
Salazar (R-FL). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Water, Wildlife and Fisheries. On October 18, 2023, the 
Subcommittee on Water, Wildlife and Fisheries held a hearing on 
the bill. On March 12, 2024, the Committee on Natural Resources 
met to consider the bill. The Subcommittee on Water, Wildlife 
and Fisheries was discharged from further consideration of H.R. 
4389 by unanimous consent. Chairman Bruce Westerman (R-AR) 
offered an amendment designated Westerman #1. The amendment was 
agreed to by unanimous consent. The bill, as amended, was 
ordered favorably reported to the House of Representatives by 
unanimous consent.

                                Hearings

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on Water, Wildlife and Fisheries 
held on October 18, 2023.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 establishes the short title of the bill as the 
``Migratory Birds of the Americas Conservation Enhancements Act 
of 2023.''

Section 2. Neotropical Migratory Bird Conservation Act amendments

    Section 2 increases the federal cost for grants awarded 
under the Neotropical Migratory Bird Conservation Act from 25 
percent to 33.3 percent. This section also requires a report to 
Congress no later than 180 days after the date of enactment of 
the legislation on the composition of the advisory group 
convened under Section 7 of the Neotropical Migratory Bird 
Conservation Act.
    In addition, this section reauthorizes the Neotropical 
Migratory Bird Conservation Act, at existing authorization 
levels through FY 2028.

            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 and
                        Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    H.R. 4389 would amend the Neotropical Migratory Bird 
Conservation Act and would reauthorize the appropriation of 
$6.5 million each year through 2028 to promote the conservation 
of neotropical migratory birds. The bill also would increase 
the federal cost share for migratory bird conservation 
assistance. Finally, H.R. 4389 would require the U.S. Fish and 
Wildlife Service to report to the Congress on whether the 
agency has convened an advisory group of people and 
organizations involved in the conservation of neotropical 
migratory birds and if so, a description of the members of that 
group.
    In 2024, the Congress provided $5 million for activities 
under the Neotropical Migratory Bird Conservation Act; 
therefore, the bill would authorize the appropriation of an 
additional $1.5 million for 2024. Based on historical spending 
patterns for this program, CBO estimates that implementing H.R. 
4389 would cost $28 million over the 2024-2029 period, assuming 
appropriation of the authorized amounts.
    The costs of the legislation, detailed in Table 1, fall 
within budget function 300 (natural resources and environment).

               TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 4389
----------------------------------------------------------------------------------------------------------------
 
        By fiscal year, millions of dollars--         ----------------------------------------------------------
                                                        2024    2025    2026    2027    2028    2029   2024-2029
----------------------------------------------------------------------------------------------------------------
Authorizationa.......................................       2       7       7       7       7       0        30
Estimated Outlays....................................       *       5       6       7       7       3        28
----------------------------------------------------------------------------------------------------------------
* = between zero and $500,000.
a The Congress appropriated $5 million in 2024 for the Neotropical Migratory Bird Conservation Act in the
  Consolidated Appropriations Act, 2024 (Public Law 118-42). The amounts shown in 2024 reflect the difference
  between what the bill would authorize in 2024 and the amount already provided.


    The CBO staff contact for this estimate is Kelly Durand. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

    2. 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 amend the Neotropical Migratory 
Bird Conservation Act to make improvements to that Act, and for 
other purposes.

                           Earmark Statement

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

                 Unfunded Mandates Reform Act Statement

    According to the Congressional Budget Office, H.R. 4389 
contains no unfunded mandates as defined in the Unfunded 
Mandates Reform Act.

                           Existing Programs

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or 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.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               Preemption of State, Local, or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

         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 italics, and existing law in which no 
change is proposed is shown in roman):

              NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT



           *       *       *       *       *       *       *
SEC. 4. DEFINITIONS.

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

SEC. 5. FINANCIAL ASSISTANCE.

  (a) In General.--The Secretary shall establish a program to 
provide financial assistance for projects to promote the 
conservation of neotropical migratory birds.
  (b) Project Applicants.--A project proposal may be submitted 
by--
          (1) an individual, corporation, partnership, trust, 
        association, or other private entity;
          (2) an officer, employee, agent, department, or 
        instrumentality of the Federal Government, of any 
        State, municipality, or political subdivision of a 
        State, or of any foreign government;
          (3) a State, municipality, or political subdivision 
        of a State;
          (4) any other entity subject to the jurisdiction of 
        the United States or of any foreign country; and
          (5) an international organization (as defined in 
        section 1 of the International Organizations Immunities 
        Act (22 U.S.C. 288)).
  (c) Project Proposals.--To be considered for financial 
assistance for a project under this Act, an applicant shall 
submit a project proposal that--
          (1) includes--
                  (A) the name of the individual responsible 
                for the project;
                  (B) a succinct statement of the purposes of 
                the project;
                  (C) a description of the qualifications of 
                individuals conducting the project; and
                  (D) an estimate of the funds and time 
                necessary to complete the project, including 
                sources and amounts of matching funds;
          (2) demonstrates that the project will enhance the 
        conservation of neotropical migratory bird species in 
        the United States, Canada, Latin America, or the 
        Caribbean;
          (3) includes mechanisms to ensure adequate local 
        public participation in project development and 
        implementation;
          (4) contains assurances that the project will be 
        implemented in consultation with relevant wildlife 
        management authorities and other appropriate government 
        officials with jurisdiction over the resources 
        addressed by the project;
          (5) demonstrates sensitivity to local historic and 
        cultural resources and complies with applicable laws;
          (6) describes how the project will promote 
        sustainable, effective, long-term programs to conserve 
        neotropical migratory birds; and
          (7) provides any other information that the Secretary 
        considers to be necessary for evaluating the proposal.
  (d) Project Reporting.--Each recipient of assistance for a 
project under this Act shall submit to the Secretary such 
periodic reports as the Secretary considers to be necessary. 
Each report shall include all information required by the 
Secretary for evaluating the progress and outcome of the 
project.
  (e) Cost Sharing.--
          (1) Federal share.--The Federal share of the cost of 
        each project shall be not greater than [25 percent] 
        33.3 percent.
          (2) Non-federal share.--
                  (A) Source.--The non-Federal share required 
                to be paid for a project shall not be derived 
                from any Federal grant program.
                  (B) Form of payment.--
                          (i) Projects in the united states and 
                        canada.--The non-Federal share required 
                        to be paid for a project carried out in 
                        the United States or Canada shall be 
                        paid in cash.
                          (ii) Projects in latin america and 
                        the caribbean.--The non-Federal share 
                        required to be paid for a project 
                        carried out in Latin America or the 
                        Caribbean may be paid in cash or in 
                        kind.

           *       *       *       *       *       *       *


SEC. 7. COOPERATION.

  (a) In General.--In carrying out this Act, the Secretary 
shall--
          (1) support and coordinate existing efforts to 
        conserve neotropical migratory bird species, through--
                  (A) facilitating meetings among persons 
                involved in such efforts;
                  (B) promoting the exchange of information 
                among such persons;
                  (C) developing and entering into agreements 
                with other Federal agencies, foreign, State, 
                and local governmental agencies, and 
                nongovernmental organizations; and
                  (D) conducting such other activities as the 
                Secretary considers to be appropriate; and
          (2) coordinate activities and projects under this Act 
        with existing efforts in order to enhance conservation 
        of neotropical migratory bird species.
  (b) Advisory Group.--
          (1) In general.--To assist in carrying out this Act, 
        the Secretary may convene an advisory group consisting 
        of individuals representing public and private 
        organizations actively involved in the conservation of 
        neotropical migratory birds. The advisory group as a 
        whole shall have expertise in the methods and 
        procedures set forth in section 4(2) in each country 
        and region of the Western Hemisphere.
          (2) Public participation.--
                  (A) Meetings.--The advisory group shall--
                          (i) ensure that each meeting of the 
                        advisory group is open to the public; 
                        and
                          (ii) provide, at each meeting, an 
                        opportunity for interested persons to 
                        present oral or written statements 
                        concerning items on the agenda.
                  (B) Notice.--The Secretary shall provide to 
                the public timely notice of each meeting of the 
                advisory group.
                  (C) Minutes.--Minutes of each meeting of the 
                advisory group shall be kept by the Secretary 
                and shall be made available to the public.
          (3) Exemption from chapter 10 of title 5, united 
        states code.--Chapter 10 of title 5, United States 
        Code, shall not apply to the advisory group.
  (c) Report to Congress.--Not later than 180 days after the 
date of the enactment of the Migratory Birds of the Americas 
Conservation Enhancements Act of 2023, the Secretary shall 
submit to the Committee on Environment and Public Works of the 
Senate and the Committee on Natural Resources of the House of 
Representatives a report describing the implementation of 
subsection (b) by the Secretary, which shall include, if 
applicable, a description of the composition of the advisory 
group convened under paragraph (1) of that subsection.

           *       *       *       *       *       *       *


SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There is authorized to be appropriated to 
carry out this Act $6,500,000 for each of fiscal years 2019 
through [2023] 2028.
  (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.

                                  [all]