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[House Report 109-639]
[From the U.S. Government Publishing Office]

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 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 long-term 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 
Committee 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 organizations, 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 omitted 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 [fiscal year 2007] each of fiscal 
        years 2008 through 2012.

           *       *       *       *       *       *       *

                                  
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