[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
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March 5, 2010.--Ordered to be printed
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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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