```

[Senate Report 116-9]
[From the U.S. Government Publishing Office]

                                                       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 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    Congress originally enacted the Neotropical Migratory Bird 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.

                                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.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    
    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 [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. 10. [16 U.S.C. 6109] AUTHORIZATION OF APPROPRIATIONS.

  [(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 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) $5,500,000 for fiscal year 2008;
          [(3) $6,000,000 for fiscal year 2009; and
          [(4) $6,500,000 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.]

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.

           *       *       *       *       *       *       *

                                  [all]
```