[Senate Report 109-132]
[From the U.S. Government Publishing Office]
Calendar No. 201
109th Congress Report
SENATE
1st Session 109-132
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NEOTROPICAL MIGRATORY BIRD CONSERVATION IMPROVEMENT ACT OF 2005
_______
September 6, 2005.--Ordered to be printed
_______
Mr. Inhofe, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 1410]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 1410) to amend the Neotropical Migratory
Bird Conservation 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
Enacted in 2000, the Neotropical Migratory Bird
Conservation Act (NMBCA) provides grants to countries in Latin
America, the Caribbean, and the United States for the
conservation of birds that summer in North America and winter
south of the border. The NMBCA created a competitive grants
program to be administered by the Secretary of the Interior,
through the Director of the U.S. Fish and Wildlife Service. The
law encourages habitat protection, education, research,
monitoring, and capacity building to provide for the long-term
protection of neotropical migratory birds. The NMBCA authorized
$5 million annually for fiscal years 2001 through 2005. In
fiscal year 2005, Congress appropriated $4 million for the
program. At a minimum, 75 percent of annual appropriations are
available for projects in Latin America and the Caribbean.
Since fiscal year 2002 when the grants program began, NMBCA
partnerships have received nearly $10 million in grants in
support of 109 projects throughout the United States, Latin
America, and the Caribbean. Partners have contributed more than
$40 million in matching funds. NMBCA projects have ranged from
protection of grassland bird habitat in Colorado and Chihuahua,
to restoration of a freshwater wetland in Costa Rica for
wintering waterbirds, to the multinational conservation of Red
Knots in Argentina.
Objectives of the Legislation
By reauthorizing the NMBCA and making several changes to
existing law, S. 1410 will assist in addressing persistent
threats to neotropical migratory birds during their breeding
and migration in North America as well as their migration and
over-wintering in Latin America and the Caribbean.
Section-by-Section Analysis
Section 1. Short title.
This Act may be cited as the `Neotropical Migratory Bird
Conservation Improvement Act of 2005'.
Sec. 2. Amendments to Neotropical Migratory Bird Conservation Act.
Summary
Section 2(a) adds `but breed in Canada and the United
States' to clarify the statute focuses on neotropical migratory
birds that winter in Latin America and the Caribbean, but breed
in Canada and the United States.
Section 2(b) inserts `Canada' under the list of countries
where conservation initiatives will be focused.
Section 2(c) defines `Caribbean' as including Puerto Rico
and the United States Virgin Islands. This section also strikes
from the `Definitions' the Neotropical Migratory Bird
Conservation Account and establishes the new term `Fund' as
referring to the Neotropical Migratory Bird Conservation Fund.
Section 2(d) includes Canada on the list of countries where
the Secretary may consider project proposals to be considered
for financial assistance.
Section 2(e) amends the cost-share requirements by raising
the Federal cost-share from 25 percent to 50 percent. This
section also includes Canada as a country (along with the
United States) where the non-Federal cost-share for projects
must be paid in cash, and reiterates that projects in Latin
America and the Caribbean may be paid in cash or in kind.
Section 2(f) requires the Secretary of Interior to submit a
report to Congress on the results and effectiveness of the
program `2 years after the date of enactment of the Neotropical
Migratory Bird Conservation Improvement Act of 2005,' including
a description of the activities of the advisory group convened
under Section 7(b) of NMBCA.
Section 2(g) establishes in the Treasury a separate account
known as the Neotropical Migratory Bird Conservation Fund. The
Secretary of the Treasury shall deposit into the Fund all
donations authorized under the statute, and other amounts
appropriated by Congress. The Secretary is required to transfer
immediately all amounts that were in the former Neotropical
Migratory Bird Conservation Account to the Neotropical
Migratory Bird Conservation Fund. This section also increases
the amount available for administrative expenses as not more
than 3 percent or up to $150,000, whichever is greater.
Section 2(h) reauthorizes the NMBCA at $5 million annually
in fiscal years 2006 and 2007; $8 million in fiscal year 2008;
and $10 million annually in fiscal years 2009 and 2010. This
section also maintains that funds shall remain available until
expended, and not less than 75 percent of annual funds shall be
expended for projects outside the United States.
Description
S. 1410 designates a Neotropical Migratory Bird
Conservation Fund by removing the program from the
Multinational Species Conservation Fund of the Treasury and
creating a separate fund for the program. The non-Federal match
for NMBCA projects is being lowered from three non-Federal
dollars to every Federal dollar to a 1:1 match requirement to
allow for greater project participation. Projects in the United
States, Latin America, and the Caribbean have traditionally
been eligible for grants. The legislation extends program
eligibility to Canada to cover the full range of neotropical
migratory birds and their habitats, including breeding grounds
in Canada. S. 1410 reauthorizes funding for the program by
phasing in higher funding over a 5-year period from the
existing authorization of $5 million annually, to $8 million in
fiscal year 2008, and $10 million in each of fiscal years 2009
and 2010, for a total of $38 million. There is also an increase
from $80,000 to $150,000 to accommodate for increased
administrative expenses associated with NMBCA implementation.
Legislative History
On July 14, 2005, Senators Chafee, Jeffords, Clinton,
Lautenberg, Voinovich, and Crapo introduced S. 1410 which was
received, read twice and referred to the Committee on
Environment and Public Works. On July 20, 2005, S. 1410 was
favorably reported by the committee.
Hearings
No committee hearings were held on S. 1410.
Rollcall Votes
Section 7(b) of rule XXVI of the Standing Rules of the
Senate and the rules of the Committee on Environment and Public
Works require that any rollcall votes taken during
consideration of legislation be noted in the report.
On July 20, 2005, the committee met to consider S. 1410.
The bill was agreed to by voice vote. 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. 1410
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. 1410 would not
impose Federal intergovernmental unfunded mandates on State,
local or tribal governments.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
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S. 1410, A bill to reauthorize the Neotropical Migratory Bird
Conservation Act, and for other purposes, As ordered reported
by the Senate Committee on Environment and Public Works on July
20, 2005
Summary
S. 1410 would reauthorize funding for projects carried out
under the Neotropical Migratory Bird Conservation Act through
fiscal year 2010. (The current authorization to fund this
program expires after fiscal year 2005.) The Secretary of the
Interior uses this funding primarily to help finance research
and conservation programs in North and South America.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing S. 1410 would cost $3 million in
2006 and $35 million over the 2005-2010 period. Enacting the
bill would not affect direct spending or revenues. S. 1410
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. 1410 is shown in the
following table. For this estimate, CBO assumes that S. 1410
will be enacted near the start of fiscal year 2006 and that
funds will be provided as specified in the bill. Estimates of
outlays are based on historical spending patterns for this
program and other conservation activities. The cost of this
legislation falls within budget function 300 (natural resources
and environment).
By Fiscal Year, in Millions of Dollars
------------------------------------------------------------------------
2006 2007 2008 2009 2010
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CHANGES IN SPENDING SUBJECT TO
APPROPRIATION
Authorization Level............. 5 5 8 10 10
Estimated Outlays............... 3 5 7 9 10
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Intergovernmental and Private-Sector Impact
S. 1410 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: Megan Carroll; Impact
on State, Local, and Tribal Governments: Marjorie Miller;
Impact on the Private Sector: Selena Caldera.
Estimate Approved By: Peter H. Fontaine, 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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TITLE 16--CONSERVATION
CHAPTER 80--NEOTROPICAL MIGRATORY BIRD CONSERVATION
SEC. 6101. FINDINGS
Congress finds that--
(1) of the nearly 800 bird species known to occur
in the United States, approximately 500 migrate among
countries, and the large majority of those species, the
neotropical migrants, winter in Latin America and the
Caribbean; but breed in Canada and the United States;
* * * * * * *
SEC. 6102. PURPOSES
The purposes of this chapter are--
(1) to perpetuate healthy populations of
neotropical migratory birds;
(2) to assist in the conservation of neotropical
migratory birds by supporting conservation initiatives
in the United States, Canada, Latin America, and the
Caribbean; and
(3) to provide financial resources and to foster
international cooperation for those initiatives.
SEC. 6103. DEFINITIONS
In this chapter:
[(1) Account.--The term ``Account'' means the
Neotropical Migratory Bird Conservation Account
established by section 6108(a) of this title.]
(1) Caribbean.--The term `Caribbean' includes
Puerto Rico and the United States Virgin Islands.
(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.
(3) Fund.--The term `Fund' means the Neotropical
Migratory Bird Conservation Fund established by section
9(a).
[(3)] (4) Secretary.--The term ``Secretary'' means
the Secretary of the Interior.
SEC. 6104. FINANCIAL ASSISTANCE
(a) * * *
* * * * * * *
(c) Project proposals.--To be considered for financial
assistance for a project under this chapter, 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;
* * * * * * *
(e) Cost sharing.--
(1) Federal share.--The Federal share of the cost
of each project shall be not greater than [25 percent]
50 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.--The non-Federal share required
to be paid for a project carried out in
the United States shall be paid in
cash.
[(ii) Projects in foreign
countries.--The non-Federal share
required to be paid for a project
carried out in a foreign country may be
paid in cash or in kind.]
(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. 6107. REPORT TO CONGRESS
Not later than [October 1, 2002,] 2 years after the date of
enactment of the Neotropical Migratory Bird Conservation
Improvement Act of 2005, the Secretary shall submit to Congress
a report on the results and effectiveness of the program
carried out under [this chapter \1\, including recommendations]
this Act that includes--
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\1\ S. 1410 states ``Act'', however this language is from code.
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(1) recommendations concerning how the chapter
might be improved and whether the program should be
continued[.] ; and
(2) a description of the activities of the advisory
group convened under section 7(b).
[SEC. 6108 \2\. NEOTROPICAL MIGRATORY BIRD CONSERVATION ACCOUNT
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\2\ S. 1410 states to strike ``Sec. 9''. Sec. 6108 is corresponding
code section.
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[(a) Establishment.--There is established in the
Multinational Species Conservation Fund of the Treasury a
separate account to be known as the ``Neotropical Migratory
Bird Conservation Account'', which shall consist of amounts
deposited into the Account by the Secretary of the Treasury
under subsection (b) of this section.
[(b) Deposits into the Account.--The Secretary of the
Treasury shall deposit into the Account--
[(1) all amounts received by the Secretary in the
form of donations under subsection (d) of this section;
and
[(2) other amounts appropriated to the Account.]
SEC. 9 . NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND.
(a) Establishment.--There is established in the Treasury a
separate account to be known as the `Neotropical Migratory Bird
Conservation Fund', which shall consist of amounts deposited in
the Fund by the Secretary of the Treasury under subsection (b).
(b) Deposits in the Fund.--The Secretary of the Treasury
shall deposit into the Fund--
(1) all amounts received by the Secretary in the
form of donations under subsection (d); and
(2) other amounts appropriated to the Fund.
(c) Use.--
(1) In general.--Subject to paragraph (2), the
Secretary may use amounts in the [Account] Fund,
without further Act of appropriation, to carry out this
chapter.
(2) Administrative expenses.--Of amounts in the
[Account] Fund available for each fiscal year, the
Secretary may expend not more than 3 percent or up to
[$80,000] $150,000, whichever is greater, to pay the
administrative expenses necessary to carry out this
chapter.
(d) Acceptance and use of donations.--The Secretary may
accept and use donations to carry out this chapter. Amounts
received by the Secretary in the form of donations shall be
transferred to the Secretary of the Treasury for deposit into
the [Account] Fund.
[SEC. 6109 \3\. AUTHORIZATION OF APPROPRIATIONS
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\3\ S. 1410 states to strike ``Sec. 10''. Sec. 6109 is
corresponding code section.
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[There is authorized to be appropriated to the Account to
carry out this chapter $5,000,000 for each of fiscal years 2001
through 2005, 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.]
SEC. 10 . AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
the Fund to carry out this Act--
(1) $5,000,000 for each of fiscal years 2006 and
2007;
(2) $8,000,000 for fiscal year 2008; and
(3) $10,000,000 for each of fiscal years 2009 and
2010.
(b) Availability.--Amounts made available under this
section shall remain available until expended.
(c) Allocation.--Of amounts made available under this
section for a fiscal year, not less than 75 percent shall be
expended for projects carried out outside the United States.
* * * * * * *