89–010 

Calendar No. 21 

116TH CONGRESS REPORT " ! SENATE 1st Session 116–9 

MIGRATORY BIRDS OF THE AMERICAS CONSERVATION 

ACT 

MARCH 14, 2019.—Ordered to be printed 

Mr. BARRASSO, from the Committee on Environment and Public 

Works, submitted the following 

R E P O R T 

[To accompany S. 310] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Environment and Public Works, to which was 

referred the bill (S. 310) to amend the Neotropical Migratory Bird 

Conservation Act to reauthorize the Act, having considered the 

same, reports favorably thereon without amendment and recommends that the bill do pass. 

GENERAL STATEMENT AND BACKGROUND

Neotropical migratory birds are bird species that breed in North 

America and winter in the tropics. Some of these species are federally listed as threatened or endangered under the Endangered Species Act, and many are popular for bird watching. These birds also 

play an important role in pest control and pollination for agriculture. 

The Neotropical Migratory Bird Conservation Act (NMBCA) provides grants to support conservation of migratory bird populations 

and fosters international cooperation for initiatives that will maintain healthy bird populations. Since 2002, the Act has provided 

over $66 million in grant funding, along with $250 million in 

matching funds from public and private partners—a match ratio of 

3.8 to 1. These funds have gone to 570 projects in 36 countries and 

have benefited hundreds of species that breed in North America 

and live during the winter in Mexico, Central America, the Caribbean, or South America. According to the U.S. Fish and Wildlife 


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Service, projects funded through the NMCBA have benefited over 

4.5 million acres of bird habitat. 

Congress originally enacted the Neotropical Migratory Bird Conservation Act in 2000 and reauthorized it in 2006. The authorization level was $5 million for each of fiscal years 2006 and 2007, 

$5.5 million for fiscal year 2008, $6 million for fiscal year 2009, and 

$6.5 million for fiscal year 2010. 

OBJECTIVES OF THE LEGISLATION

The objective of this legislation is to reauthorize appropriations 

for the Neotropical Migratory Bird Conservation Act and to ensure 

that three-quarters of the appropriated funds go to conservation 

projects located outside the United States. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section states that this Act may be cited as the ‘‘Migratory 

Birds of the Americas Conservation Act’’. 

Section 2. Reauthorization of Neotropical Migratory Bird Conservation Act 

Subsection (a) amends section 10 of the Neotropical Migratory 

Bird Conservation Act (16 U.S.C. 6109) by authorizing $6.5 million 

in appropriations to carry out the Act for each of fiscal years 2019 

through 2023. 

Subsection (b) requires that at least 75 percent of the funds 

made available under subsection (a) be used for projects carried out 

at a location outside the United States. 

LEGISLATIVE HISTORY

On January 31, 2019, Senator Cardin introduced S. 310, the Migratory Birds of the Americas Conservation Act, with Senators Carper, Coons, Feinstein, Leahy, Markey, Merkley, Portman, Udall, 

Van Hollen, and Whitehouse as original cosponsors. The bill was 

referred to the Committee on Environment and Public Works. 

The text of S. 310 is substantially similar to that of S. 1537, the 

Migratory Birds of the Americas Conservation Act. Senator Cardin 

introduced S. 1537 on July 12, 2017. Senators Carper, Coons, Feinstein, Leahy, Markey, Nelson, Portman, Udall, and Van Hollen 

were original cosponsors. Senators Markey and Whitehouse were 

sponsors. The EPW Committee reported S. 1537 without amendment by voice vote on September 18, 2018. 

The text of S. 310 is also substantially similar to the text of section 6 of S. 1514, the Hunting Heritage and Environmental Legacy 

Preservation for Wildlife Act. Senator Barrasso introduced S. 1514 

on June 29, 2017. Senators Baldwin, Boozman, Capito, Cardin, and 

Klobuchar were original cosponsors. Senators Crapo, Enzi, Inhofe, 

Johnson, Kennedy, and King were cosponsors. The EPW Committee held a hearing on S. 1514 on July 19, 2017. The EPW Committee ordered S. 1514 reported with an amendment in the nature 

of a substitute by a roll call vote of 14 ayes to 7 nays on July 26, 

2017. 


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HEARINGS

A legislative hearing was not held on S. 310. As explained above, 

a legislative hearing was held on S. 1514 on July 19, 2017 during 

the 115th Congress. 

ROLLCALL VOTES

On February 5, 2019, the Committee on Environment and Public 

Works met to consider S. 310. The EPW Committee reported S. 310 

without amendment by voice vote. No roll call votes were taken. 

REGULATORY IMPACT STATEMENT

In compliance with section 11(b) of rule XXVI of the Standing 

Rules of the Senate, the committee makes evaluation of the regulatory impact of the reported bill. 

The bill 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. 310 would impose 

no Federal intergovernmental unfunded mandates on State, local, 

or tribal governments. 

S. 310 contains no intergovernmental mandates as defined in the 

Unfunded Mandates Reform Act (UMRA). The bill contains no new 

private-sector mandates as defined in UMRA. 

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: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, February 28, 2019. 

Hon. JOHN BARRASSO, 

Chairman, Committee on Environment and Public Works, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 310, the Migratory Birds of 

the Americas Conservation Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Janani Shankaran. 

Sincerely, 

KEITH HALL, Director. 

Enclosure. 


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S. 310 would authorize the appropriation of $6.5 million annually 

over the 2020–2024 period for the U.S. Fish and Wildlife Service 

(USFWS) to provide grants for the conservation of neotropical migratory birds. In 2018, the USFWS received an appropriation of $4 

million for that purpose. Based on historical spending patterns, 

CBO estimates that implementing S. 310 would cost $29 million 

over the 2019–2024 period and $4 million after 2024, assuming appropriation of the authorized amounts. 

The costs of the legislation, which are shown in detail in Table 

1, fall within budget function 300 (natural resources and environment). 

TABLE 1.—ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 310 

By fiscal year, millions of dollars— 

2019 2020 2021 2022 2023 2024 2019– 

2024 

Authorization ................................................................ 0 7 7 7 7 7 33 

Estimated Outlays ....................................................... 0 4 6 7 7 7 29 

Components may not sum to totals because of rounding. 

The CBO staff contact for this estimate is Janani Shankaran. 

The estimate was reviewed by H. Samuel Papenfuss, 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 øblack brackets¿, new matter is printed in italic, existing 

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

* * * * * * * 

Neotropical Migratory Bird Conservation Act 

* * * * * * * 

øSEC. 10. ø16 U.S.C. 6109¿ AUTHORIZATION OF APPROPRIATIONS. 

ø(a) IN GENERAL.—There is authorized to be appropriated to the 

Account to carry out this Act for each of fiscal years 2006 through 

2010 the amount specified for that fiscal year in subsection (b), to 


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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. 

ø(b) AUTHORIZED AMOUNT.—The amount referred to in subsection (a) is— 

ø(1) $5,000,000 for each of fiscal years 2006 and 2007; 

ø(2) $5,500,000 for fiscal year 2008; 

ø(3) $6,000,000 for fiscal year 2009; and 

ø(4) $6,500,000 for fiscal year 2010. 

ø(c) AVAILABILITY.—Amounts appropriated under this section 

may remain available until expended. 

ø(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.¿ 

SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There is authorized to be appropriated to carry 

out this Act $6,500,000 for each of fiscal years 2020 through 2024. 

(b) USE OF FUNDS.—Of the amounts made available under subsection (a) for each fiscal year, not less than 75 percent shall be expended for projects carried out at a location outside of the United 

States. 

* * * * * * * 

Æ 


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