[House Report 109-421]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-421
======================================================================
NEOTROPICAL MIGRATORY BIRD CONSERVATION IMPROVEMENT ACT OF 2006
_______
April 25, 2006.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 518]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 518) to require the Secretary of the Interior to refine
the Department of the Interior program for providing assistance
for the conservation of neotropical migratory birds, 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:
SEC. 1. SHORT TITLE.
This Act may be cited as the ``Neotropical Migratory Bird
Conservation Improvement Act of 2006''.
SEC. 2. AMENDMENTS TO NEOTROPICAL BIRD CONSERVATION ACT.
(a) Findings.--Section 2(1) of the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6101(1)) is amended by inserting ``but
breed in Canada and the United States'' after ``the Caribbean''.
(b) Purposes.--Section 3(2) of such Act (16 U.S.C. 6102(2)) is
amended by inserting ``Canada,'' after ``United States,''.
(c) Definition of Caribbean.--Section 4 of such Act (16 U.S.C.
6103) is amended by redesignating paragraphs (2) and (3) in order as
paragraphs (3) and (4), and by inserting paragraph (1) the following:
``(2) Caribbean.--The term `Caribbean' includes Puerto Rico
and the United States Virgin Islands.''.
(d) Authorization of Projects to Enhance Conservation in Canada.--
Section 5(c)(2) of such Act (16 U.S.C. 6104(c)(2)) is amended by
inserting ``Canada,'' after ``the United States,''.
(e) Cost Sharing.--Section 5(e) of such Act (16 U.S.C. 6104(e)) is
amended--
(1) in paragraph (1) by striking ``25 percent'' and inserting
``50 percent''; and
(2) in paragraph (2) by amending subparagraph (B) to read as
follows:
``(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.''.
(f) Advisory Group.--
(1) Composition.--Section 7(b)(1) of such Act (16 U.S.C.
6106(b)(1) is amended by adding at the end the following: ``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) Encouragement to convene.--The Secretary of the Interior
is encouraged to convene an advisory group under section
7(b)(1) of such Act by not later than 6 months after the
effective date of this Act. This paragraph shall not be
considered to authorize delay of the schedule previously
established by the United States Fish and Wildlife Service for
the submission, judging, and awarding of grants.
(g) Report.--Section 8 of such Act (16 U.S.C. 6107) is amended by
striking ``October 1, 2002,'' and inserting ``2 years after the date of
the enactment of the Neotropical Migratory Bird Conservation
Improvement Act of 2006,''.
(h) Neotropical Migratory Bird Conservation Fund.--
(1) In general.--Section 9 of such Act (16 U.S.C. 6108) is
amended by striking so much as precedes subsection (c) and
inserting the following:
``SEC. 9. NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND.
``(a) Establishment.--There is established in the Treasury a
separate account, which shall be known as the `Neotropical Migratory
Bird Conservation Fund'. The Fund shall consist of amounts deposited
into the Fund by the Secretary of the Treasury under subsection (b).
``(b) Deposits Into 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.''.
(2) Administrative expenses.--Section 9(c)(2) of such Act (16
U.S.C. 6108(c)(2) is amended by striking ``$80,000'' and
inserting ``$150,000''.
(3) Conforming amendments.--Such Act is amended as follows:
(A) In section 4 (16 U.S.C. 6103), by striking
paragraph (1) and inserting the following:
``(1) Fund.--The term `Fund' means the Neotropical Migratory
Bird Conservation Fund established by section 9(a).''.
(B) In section 9(d) (16 U.S.C. 6108(d)), by striking
``Account'' and inserting ``Fund''.
(4) Transfer.--The Secretary of the Treasury may transfer to
the Neotropical Migratory Bird Conservation Fund amounts that
were in the Neotropical Migratory Bird Conservation Account
immediately before the enactment of this Act.
(i) Authorization of Appropriations.--Section 10 of such Act (16
U.S.C. 6109) is amended--
(1) by inserting ``(a) In General.--'' before the first
sentence;
(2) by striking ``$5,000,000 for each of fiscal years 2001
through 2005'' and inserting ``for each of fiscal years 2006
through 2010 the amount specified for that fiscal year in
subsection (b)''; and
(3) by adding at the end the following:
``(b) Authorized Amount.--The amount referred to in subsection (a)
is--
``(1) $5,000,000 for each of fiscal years 2006 and 2007;
``(2) $6,000,000 for fiscal year 2008;
``(3) $7,000,000 for fiscal year 2009; and
``(4) $8,000,000 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.''.
Purpose of the Bill
The purpose of H.R. 518 is to require the Secretary of the
Interior to refine the Department of the Interior program for
providing assistance for the conservation of neotropical
migratory birds.
Background and Need for Legislation
Neotropical migrants are birds that travel between the
United States, Mexico, Central America, much of the Caribbean,
and the northern part of South America. These birds include the
following species: blue birds, cranes, ducks, goldfinches,
gulls, hawks, herons, robins, hummingbirds, orioles, plovers,
warblers, and woodpeckers. They migrate thousands of miles
across international borders and depend upon suitable stopover
and staging habitat for foraging and rest. Each autumn some
five billion birds from 341 species of neotropical migratory
birds fly between their breeding grounds in North America and
their tropical habitats in the Caribbean and Latin America. In
fact, in some parts of the United States and Canada, almost all
of the birds migrate to the tropics for the winter.
According to the U.S. Fish and Wildlife Service,
neotropical migratory birds typically spend five months of the
year at Caribbean/Latin American wintering sites, four months
in North American breeding areas, and three months traveling to
these sites during spring and autumn migrations. Through
bilateral treaties, the United States is responsible for
assisting in the maintenance of populations of over 800 game
and nongame species of migratory birds. Regrettably, 90 North
American bird species are listed as either threatened or
endangered under our Endangered Species Act and an additional
131 bird species have been identified by the U.S. Fish and
Wildlife Service as Migratory Nongame Birds of Management
Concern.
There are many reasons for the decline in the populations
of these species including nest predation, competition among
species, general hazards along their migration routes, and the
widespread use of pesticides. However, the greatest threat to
their long-term survival is the continuing loss of essential
habitat in the Caribbean and Latin America, both in staging and
wintering areas.
According to various experts, there are nearly 46 million
Americans who enjoy watching and feeding birds. In fact,
birdwatching is one of America's fastest growing forms of
outdoor recreation. These activities generate some $85 billion
in overall economic output each year, $13 billion in federal
and state taxes and the creation of 863,406 jobs. Furthermore,
healthy bird populations are a valuable asset for farmers and
timber interests. These birds help to pollinate and disperse
seeds of many economically important plant species. They also
consume detrimental insects thereby limiting agricultural crop
losses each year. The U.S. Department of Agriculture has
indicated that a population of 3,000 Swainson's hawks in the
western United States eat more than one million rodents each
summer.
While there was no debate on the importance of these birds,
what was seriously lacking was a strategic plan for bird
conservation, money for on-the-ground projects, public
awareness, and any real coordination among the various range
countries where neotropical migratory birds live. In response
to these problems and to help achieve the goals of the North
American Bird Conservation Initiative, Congress enacted the
Neotropical Migratory Bird Conservation Act of 2000 (Public Law
106-247). This legislation was modeled after the highly
successful efforts to assist threatened and endangered African
and Asian elephants, rhinoceroses and tigers.
Like those landmark conservation laws, the Secretary of the
Interior was charged with the responsibility of evaluating and
selecting meritorious conservation projects. In addition, the
Neotropical Migratory Bird Conservation Account was authorized
to receive up to $5 million per year, money was allocated for
administrative expenses by the U.S. Fish and Wildlife Service,
preference was given to conservation projects supported by
appropriate wildlife management authorities, a three to one
matching requirement was established for each approved grant
and 75 percent of the funding appropriated for this account was
required to be spent on projects outside the United States. In
the past five years, the Fish and Wildlife Service has received
690 grant applications for assistance under the Act. The
Service has approved 146 conservation projects in 30 different
range states. Congress has appropriated a cumulative $13.8
million for this program and these funds have been matched by
$64.8 million in private sector funds which far exceed the
three to one matching requirement. The Bush Administration has
requested that this Account receive $4 million in Fiscal Year
(FY) 2007.
This legislation would extend the authorization of
appropriations for the Neotropical Migratory Bird Conservation
Act of 2000 which expired on September 30, 2005. In addition,
the bill makes a number of modifications to the underlying
statute including: expanding the definition of Caribbean to
include Puerto Rico and the United States Virgin Islands;
changing the matching requirement from a three to one to a one
to one dollar match; increasing the amount of available funds
for administrative costs from $80,000 to $150,000; allowing the
funding of conservation projects in Canada when the
appropriation level exceeds $10 million; changing the
Neotropical Migratory Bird Conservation Account to a Fund; and
gradually increasing the authorization levels from $5 million
in FY 2006 to $15 million in FY 2009.
Committee Action
H.R. 518 was introduced on February 2, 2005, by Congressman
Ron Kind (D-WI). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
Fisheries and Oceans. On June 23, 2005, the Subcommittee held a
hearing on the bill. On March 29, 2006, the Full Resources
Committee met to consider H.R. 518. The Subcommittee on
Fisheries and Oceans was discharged from further consideration
of the bill by unanimous consent. Chairman Richard W. Pombo (R-
CA) offered an amendment in the nature of a substitute to
permit conservation projects for neotropical migratory birds in
Canada; increase the authorization period and modify the
funding levels to $5 million in FY 2006 and FY 2007, $6 million
in FY 2008, $7 million in FY 2009 and $8 million in FY 2010. It
was adopted by unanimous consent. The bill, as amended, was
then ordered favorably reported to the House of Representatives
by unanimous consent.
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 Resources' oversight findings and recommendations
are reflected in the body of this report.
Federal Advisory Committee Statement
The functions of the proposed advisory committee authorized
in the underlying law and amended by the bill are not currently
being nor could they be performed by one or more agencies, an
advisory committee already in existence or by enlarging the
mandate of an existing advisory committee.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) 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)(3)(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.
2. 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, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
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 require the Secretary of the
Interior to refine the Department of the Interior program for
providing assistance for the conservation of neotropical
migratory birds.
4. Congressional Budget Office Cost Estimate. 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. 518--Neotropical Migratory Bird Conservation Improvement Act of
2006
Summary: H.R. 518 would authorize additional funding for
projects carried out under the Neotropical Migratory Bird
Conservation Act through fiscal year 2010. The Secretary of the
Interior would use that funding primarily to help finance
research and conservation programs in North and South America.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing H.R. 518 would cost $27 million
over the 2006-2011 period. Enacting the bill would not affect
direct spending or revenues. H.R. 518 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 H.R. 518 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--
-----------------------------------------------------
2006 2007 2008 2009 2010 2011
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law for Neotropical Birds:
Budget Authority \1\.................................. 4 0 0 0 0 0
Estimated Outlays..................................... 2 1 * 0 0 0
Proposed Changes:
Authorization Level................................... 1 5 6 7 8 0
Estimated Outlays..................................... * 4 5 7 8 3
Spending Under H.R. 518 for Neotropical Birds:
Authorization Level \1\............................... 5 5 6 7 8 0
Estimated Outlays..................................... 2 5 5 7 8 3
----------------------------------------------------------------------------------------------------------------
\1\ The 2006 level is the amount appropriated for that year for programs related to the conservation of certain
migratory birds.
Note: * = less than $500,000.
Basis of estimate: For this estimate, CBO assumes that H.R.
518 will be enacted during 2006 and that funds will be
appropriated as specified in the bill.
H.R. 518 would authorize the appropriation of $31 million
over the 2006-2010 period for activities related to the
research and conservation of certain species of migratory
birds. For fiscal year 2006, the Congress has already provided
$4 million for such activities; therefore, CBO estimates that
fully funding H.R. 518 would require the appropriation of an
additional $1 million in 2006 and $26 million over the 2007-
2010 period. Based on historical spending patterns for this
program, CBO estimates that implementing H.R. 518 would
increase federal spending by less than $500,000 in 2006 and $27
million over the 2006-2011 period, assuming appropriation of
the specified amounts.
Intergovernmental and private-sector impact: H.R. 518
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Previous CBO estimate: On August 8, 2005, CBO transmitted a
cost estimate for S. 1410, the Neotropical Migratory Bird
Conservation Improvement Act of 2005, as ordered reported by
the Senate Committee on Environment and Public Works on July
20, 2005. Both bills authorize funding to support international
conservation projects. Because H.R. 518 would authorize less
funding that S. 1410, our estimate of spending under that bill
is lower.
Estimate prepared by: Federal Costs: Megan Carroll. Impact
on State, Local, and Tribal Governments: Marjorie Miller.
Impact on the Private Sector: Craig Cammarata.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
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):
NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT
* * * * * * *
SEC. 2. 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. 3. PURPOSES.
The purposes of this Act are--
(1) * * *
(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
* * * * * * *
SEC. 4. DEFINITIONS.
In this Act:
[(1) Account.--The term ``Account'' means the
Neotropical Migratory Bird Conservation Account
established by section 9(a).]
(1) Fund.--The term ``Fund'' means the Neotropical
Migratory Bird Conservation Fund established by section
9(a).
(2) Caribbean.--The term ``Caribbean'' includes
Puerto Rico and the United States Virgin Islands.
[(2)] (3) 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) * * *
* * * * * * *
[(3)] (4) Secretary.--The term ``Secretary'' means
the Secretary of the Interior.
* * * * * * *
SEC. 5. FINANCIAL ASSISTANCE.
(a) * * *
* * * * * * *
(c) Project Proposals.--To be considered for financial
assistance for a project under this Act, an applicant shall
submit a project proposal that--
(1) * * *
(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) * * *
[(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. 7. COOPERATION.
(a) * * *
(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.
* * * * * * *
SEC. 8. REPORT TO CONGRESS.
Not later than [October 1, 2002,] 2 years after the date of
the enactment of the Neotropical Migratory Bird Conservation
Improvement Act of 2006, the Secretary shall submit to Congress
a report on the results and effectiveness of the program
carried out under this Act, including recommendations
concerning how the Act might be improved and whether the
program should be continued.
[SEC. 9. NEOTROPICAL MIGRATORY BIRD CONSERVATION ACCOUNT.
[(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).
[(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); 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, which shall be known as the ``Neotropical
Migratory Bird Conservation Fund''. The Fund shall consist of
amounts deposited into the Fund by the Secretary of the
Treasury under subsection (b).
(b) Deposits Into 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) * * *
(2) Administrative expenses.--Of amounts in the
Account 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
Act.
(d) Acceptance and Use of Donations.--The Secretary may
accept and use donations to carry out this Act. 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. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
the Account to carry out this Act [$5,000,000 for each of
fiscal years 2001 through 2005] 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) $6,000,000 for fiscal year 2008;
(3) $7,000,000 for fiscal year 2009; and
(4) $8,000,000 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.
* * * * * * *