49–006 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 109–639 

NORTH AMERICAN WETLANDS CONSERVATION 

REAUTHORIZATION ACT OF 2006 

SEPTEMBER 6, 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. 5539] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Resources, to whom was referred the bill 

(H.R. 5539) to reauthorize the North American Wetlands Conservation Reauthorization Act, having considered the same, report favorably thereon with amendments 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 Reauthorization Act of 2006’’. 

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 ‘‘fiscal year 2007’’ and inserting ‘‘each of fiscal years 2008 

through 2012’’. 

Amend the title so as to read: 

A bill to reauthorize the North American Wetlands Conservation Act. 

PURPOSE OF THE BILL

The purpose of H.R. 5539, as ordered reported, is to reauthorize 

the North American Wetlands Conservation Act. 

BACKGROUND AND NEED FOR LEGISLATION

Wetlands are among the world’s most productive environments. 

They provide critical habitat for numerous species of fish and wildlife and are particularly important to the life cycles of migratory 


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birds and the majority of economically important fish species. Wetlands also serve as natural flood control basins and water filters, 

and wetland degradation is known to have severe negative effects 

on coastal and riverine water quality. Beginning in the 1930s, 

alarming declines in migratory bird populations created a realization that wetland conservation needed to be improved. 

In 1986, the United States, Canada, and Mexico signed the 

North American Waterfowl Management Plan, which established 

cooperative international efforts to reverse the declines in waterfowl populations and their habitats. The U.S. domestic law implementing that agreement was the North American Wetlands Conservation Act (NAWCA) enacted in 1989. NAWCA provides a funding mechanism for cooperative public-private wetlands conservation 

efforts throughout North America. It also established the North 

American Wetlands Conservation Council, which oversees the distribution of funds. Any federal, State, local, or private organization 

may apply for a grant to conduct a wetlands conservation projects 

in North America. The Migratory Bird Conservation Commission, 

a seven-member commission, serves as the final arbiter for determining which projects recommended by the Council will be funded. 

These wetland 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 dollar for 

dollar with non-federal funds. From Fiscal Year 1991 to Fiscal Year 

2004, the average partner funds were $2.88 for every NAWCA dollar. NAWCA projects use tools such as fee title ownership, conservation easements, and landowner agreements to ensure longterm wetlands conservation benefits. NAWCA is a popular and 

competitive matching grant program with requests for projects far 

exceeding available funds on an annual basis. 

NAWCA specifies that 30 to 60 percent of the funds available 

from Pittman-Robertson Fund interest, fines and forfeitures, and 

appropriations must be spent on projects within Canada and Mexico. The remaining 40 to 70 percent must be spent on projects in 

the United States. Funds from the Sport Fish Restoration Fund, 

which are authorized under the Coastal Wetlands Planning, Protection, and Restoration Act, must be spent on projects that conserve 

coastal wetlands within a coastal State. 

Since the first wetlands grants were awarded in 1991, 1,230 

standard and 268 small grant projects have been funded by the Migratory Bird Conservation Commission. These grants, involving 

more than 2,500 partners, have invested $710.4 million in federal 

taxpayer funds and more than $2.1 billion in private matching contributions. Together, these projects have restored, protected or enhanced some 23 million acres of wetlands and associated uplands 

in the United States, Canada and Mexico. 

H.R. 5539 reauthorizes appropriations for NAWCA at current 

levels for four years (2008–2012). 

COMMITTEE ACTION

H.R. 5539 was introduced on June 7, 2006, by Congressman 

Richard W. Pombo (R–CA). The bill was referred to the Committee 

on Resources, and within the Committee to the Subcommittee on 

Fisheries and Oceans. On June 29, 2006, the Subcommittee held a 

hearing on the bill. On July 19, 2006, the Full Resources ComVerDate Aug 31 2005 02:18 Sep 09, 2006 Jkt 049006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR639.XXX HR639

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mittee met to consider the bill. The Subcommittee on Fisheries and 

Oceans was discharged from further consideration of the bill by 

unanimous consent. Chairman Richard Pombo offered an amendment in the nature of a substitute that corrected the long and short 

titles of the bill and extended the authorization of existing appropriations until September 30, 2012. The amendment 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. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8, clause 3 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, as ordered reported, is to reauthorize the North American Wetlands Conservation Act. 

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. 5539—North American Wetlands Conservation Reauthorization Act of 2006 

Summary: H.R. 5539 would authorize the appropriation of $75 

million a year for programs carried out under the North American 

Wetlands Conservation Act (NAWCA) through fiscal year 2012. 

Under existing law, the authority for such appropriations will expire at the end of fiscal year 2007. The U.S. Fish and Wildlife Service (USFWS) uses amounts appropriated under NAWCA primarily 

for grants to state, local, and tribal governments, nonprofit organiVerDate Aug 31 2005 02:18 Sep 09, 2006 Jkt 049006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR639.XXX HR639

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zations, and other entities that carry out wetlands conservation 

projects. 

CBO estimates that appropriation of the amounts authorized by 

H.R. 5539 would result in outlays of $175 million over the 2008–

2011 period. (An additional $200 million would be spent after 2011, 

including $75 million that would be authorized for 2012.) Enacting 

this legislation would not affect direct spending or revenues. 

H.R. 5539 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. 5539 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 H.R. 5539 

will be enacted during fiscal year 2007 and that the entire $75 million authorized will be appropriated for each fiscal year beginning 

in 2008. Estimated outlays are based on historical spending patterns for this program. 

By fiscal year, in millions of dollars— 

2006 2007 2008 2009 2010 2011 

SPENDING SUBJECT TO APPROPRIATION 

NAWCA spending under current law: 

Budget authority/authorization level 1 ................................. 40 75 0 0 0 0 

Estimated outlays ................................................................ 35 39 37 30 19 II 

Proposed changes: 

Authorization level ............................................................... 0 0 75 75 75 75 

Estimated outlays ................................................................ 0 0 20 40 50 65 

NAWCA spending under H.R. 5539: 

Budget authority/authorization level ................................... 40 75 75 75 75 75 

Estimated outlays ................................................................ 35 39 57 70 69 77 

1 The 2006 level is the amount appropriated for that year under the NAWCA. The 2007 level is the amount authorized under current law for 

that year. 

Intergovernmental and private-sector impact: H.R. 5539 contains 

no intergovernmental or private-sector mandates as defined by 

UMRA. Enacting this legislation would benefit state, local, and 

tribal governments because they receive a portion of the funds authorized. 

Estimate prepared by: Federal costs: Deborah Reis; Impact on 

state, local, and tribal governments: Marjorie Miller; Impact on the 

private sector: Amy Petz. 

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 omitVerDate Aug 31 2005 02:18 Sep 09, 2006 Jkt 049006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR639.XXX HR639

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ted is enclosed in black brackets, new matter is printed in italic, 

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

SECTION 7 OF THE NORTH AMERICAN WETLANDS 

CONSERVATION ACT 

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—

(1) * * * 

* * * * * * * 

(5) $75,000,000 for øfiscal year 2007¿ each of fiscal years 

2008 through 2012. 

* * * * * * * 

Æ 


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