```

[House Report 107-421]
[From the U.S. Government Publishing Office]

107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-421

======================================================================

 
        NORTH AMERICAN WETLANDS CONSERVATION REAUTHORIZATION ACT

                                _______
                                

 April 29, 2002.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 3908]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 3908) to reauthorize the North American Wetlands 
Conservation Act, and for other purposes, 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:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``North American Wetlands Conservation 
Reauthorization Act''.

SEC. 2. AMENDMENT OF NORTH AMERICAN WETLANDS CONSERVATION ACT.

  Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the North American Wetlands 
Conservation Act (16 U.S.C. 4401 et. seq.).

SEC. 3. FINDINGS AND STATEMENT OF PURPOSE.

  (a) Finding.--Section 2(a)(1) (16 U.S.C. 4401(a)(1)) is amended by 
striking ``and other habitats'' and inserting ``and associated 
habitats''.
  (b) Purposes.--Section 2(b) (16 U.S.C. 4401(b)) is amended--
          (1) in paragraph (1) by striking ``and other habitats for 
        migratory birds'' and inserting ``and associated habitats for 
        wetland dependent migratory birds'';
          (2) in paragraph (2) by inserting ``wetland dependent'' 
        before ``migratory bird''; and
          (3) in paragraph (3)--
                  (A) by inserting ``wetland dependent'' before 
                ``migratory birds''; and
                  (B) by inserting ``, the United States Shorebird 
                Conservation Plan, the North American Waterbird 
                Conservation Plan, the Partners In Flight Conservation 
                Plans,'' after ``North American Waterfowl Management 
                Plan''.

SEC. 4. DEFINITION OF WETLANDS CONSERVATION PROJECT.

  Section 3(9) (16 U.S.C. 4402(9)) is amended--
          (1) in subparagraph (A) by inserting ``of a wetland ecosystem 
        and associated habitat'' after ``including water rights,''; and
          (2) in subparagraph (B) by striking ``and other habitat'' and 
        inserting ``and associated habitat''.

SEC. 5. REAUTHORIZATION.

  Section 7(c) (16 U.S.C. 4406(c)) is amended by striking ``not to 
exceed'' and all that follows and inserting ``not to exceed--
          ``(1) $55,000,000 for fiscal year 2003;
          ``(2) $60,000,000 for fiscal year 2004;
          ``(3) $65,000,000 for fiscal year 2005;
          ``(4) $70,000,000 for fiscal year 2006; and
          ``(5) $75,000,000 for fiscal year 2007.''.

SEC. 6. ALLOCATION.

  Section 8(a) (16 U.S.C. 4407(a)) is amended--
          (1) in paragraph (1)--
                  (A) by striking ``(but at least 50 per centum and not 
                more than 70 per centum thereof)'' and inserting ``(but 
                at least 25 percent and not more than 50 percent 
                thereof)''; and
                  (B) by striking ``4 per centum'' and inserting ``4 
                percent''; and
          (2) in paragraph (2) by striking ``(but at least 30 per 
        centum and not more than 50 per centum thereof)'' and inserting 
        ``(but at least 50 percent and not more than 75 percent 
        thereof)''.

SEC. 7. CLARIFICATION OF NON-FEDERAL SHARE OF THE COST OF APPROVED 
                    WETLANDS CONSERVATION PROJECTS.

  Section 8(b) (16 U.S.C. 4407(b)) is amended by striking so much as 
precedes the second sentence and inserting the following:
  ``(b) Cost Sharing.--(1) Except as provided in paragraph (2), as a 
condition of providing assistance under this Act for any approved 
wetlands conservation project, the Secretary shall require that the 
portion of the costs of the project paid with amounts provided by non-
Federal United States sources is equal to at least the amount allocated 
under subsection (a) that is used for the project.
  ``(2) Federal moneys allocated under subsection (a) may be used to 
pay 100 percent of the costs of such projects located on Federal lands 
and waters, including the acquisition of inholdings within such lands 
and waters.
  ``(3)''.

SEC. 8. TECHNICAL CORRECTIONS.

  (a) The North American Wetlands Conservation Act is amended as 
follows:
          (1) In section 2(a)(10) (16 U.S.C. 4401(a)(10)), by inserting 
        ``of 1973'' after ``Species Act''.
          (2) In section 3(2) (16 U.S.C. 4402(2)), by striking 
        ``Committee on Merchant Marine and Fisheries of the United 
        States House of Representatives'' and inserting ``Committee on 
        Resources of the House of Representatives''.
          (3) In section 3(5) (16 U.S.C. 4402(5)), by inserting ``of 
        1973'' after ``Species Act''.
          (4) In section 4(a)(1)(B) (16 U.S.C. 4403(a)(1)(B)), by 
        striking ``section 3(2)(B)'' and inserting ``section 
        3(g)(2)(B)''.
          (5) In section 4(c) (16 U.S.C. 4403(c)), in the matter 
        preceding paragraph (1), by striking ``Commission'' and 
        inserting ``Council''.
          (6) In section 5(a)(5) (16 U.S.C. 4404(a)(5)), by inserting 
        ``of 1973'' after ``Species Act''.
          (7) In section 5(f) (16 U.S.C. 4404(f)), by striking 
        ``subsection (d)'' and inserting ``subsection (e)''.
          (8) In section 10(1)(C) (16 U.S.C. 4409(1)(C)), by striking 
        ``western hemisphere pursuant to section 17 of this Act'' and 
        inserting ``Western Hemisphere pursuant to section 16''.
          (9) In section 10(1)(D) (16 U.S.C. 4409(1)(D)), by striking 
        the period and inserting ``; and''.
          (10) In section 16(a) (16 U.S.C. 4413), by striking ``western 
        hemisphere'' and inserting ``Western Hemisphere''.
  (b)(1) Section 112(1) of Public Law 101-593 (104 Stat. 2962) is 
amended by striking ``and before the period''.
  (2) Paragraph (1) of this subsection shall be effective on and after 
the effective date of section 112(1) of Public Law 101-593 (104 Stat. 
2962).

                          Purpose of the Bill

    The purpose of H.R. 3908 is to reauthorize and amend the 
North American Wetlands Conservation Act.

                  Background and Need for Legislation

    Wetlands are among the world's most biologically 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 serve as natural 
flood control basins and water filters, and their removal or 
degradation has severe negative effects on water quality. 
Beginning in the 1930s, alarming declines in migratory bird 
populations created a realization that wetland conservation 
needed to be improved, and within the last 30 years many 
federal, State, and private programs have been created to 
reduce wetland loss. Recognizing the importance of wetland and 
migratory bird conservation to Americans and that a 
collaborative international approach to habitat conservation 
was required, Congress enacted the North American Wetlands 
Conservation Act (NAWCA) in 1989.
    NAWCA provides a funding mechanism for cooperative public-
private wetland conservation efforts throughout North America 
which support the goals of the North American Waterfowl 
Management Plan. Funding for NAWCA projects is drawn from four 
sources: interest from short-term investment of the Federal Aid 
in Wildlife Restoration Fund under the Pittman-Robertson Act; 
fines and forfeitures imposed for violations of the Migratory 
Bird Treaty Act; a portion of the Sport Fish Restoration Fund; 
and discretionary appropriations. Under current law, NAWCA 
specifies that 50 to 70 percent of the funds available from 
Pittman-Robertson interest, fines and forfeitures, and 
appropriations be spent on projects within Canada and Mexico. 
The remaining 30 to 50 percent must be spent on projects in the 
United States. H.R. 3908 changes this allocation so that U.S. 
projects will receive 50-75 percent of the internationally-
shared funds. In addition to the amount available from the 
sources listed above, contributions 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.
    In Fiscal Years 2000 and 2001, $114.8 million was available 
for projects from these sources. During this time frame, 237 
projects were funded with $404.7 million in partner support. At 
the same time an additional 135 projects with $91.4 million in 
available partner support went unutilized because of the lack 
of NAWCA funding.
    Since the first wetlands grants were awarded in 1991, 881 
projects have been funded at a federal cost of approximately 
$460 million matched by over $1.3 billion in partner 
contributions. This has resulted in the protection, 
restoration, or enhancement of approximately 8.3 million acres 
of wetlands and associated habitat in the U.S. and Canada. In 
Mexico, over 444,000 acres have benefitted.

                            Committee Action

    H.R. 3908 was introduced on March 7, 2002, by Congressman 
James Hansen (R-UT). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Fisheries Conservation, Wildlife and Oceans. On April 11, 2002, 
the Subcommittee held a hearing on the bill. On April 17, 2002 
the Subcommittee met to mark up the bill. At the Subcommittee 
markup, Congressman Wayne T. Gilchrest (R-MD) offered an 
amendment in the nature of a substitute that added language to 
ensure a focus on wetlands and wetland-associated habitats, 
increased the authorization of appropriations of the program, 
changed the allocation of NAWCA authorized funds to Canada and 
Mexico from 50-70 percent of the total to 25-50 percent of the 
total, and made a series of technical corrections. The 
amendment was adopted by voice vote. The bill, as amended, was 
then ordered favorably reported to the Full Committee by voice 
vote. On April 24, 2002, the Full Resources Committee met to 
consider the bill. No additional amendments were offered and 
the bill as amended was then ordered favorably reported to the 
House of Representatives by unanimous consent.

                      Section-by-Section Analysis

    Section 1. Short Title. States that this Act may be cited 
as the ``North American Wetlands Conservation Reauthorization 
Act''.
    Section 2. Amendment of the North American Wetlands 
Conservation Act. States that the text amends the North 
American Wetlands Conservation Act (16 U.S.C. 4404 et seq.).
    Section 3. Findings and Statement of Purpose. Changes the 
term ``wetlands and other habitats'' to ``wetlands and 
associated habitats'', and the term ``migratory birds'' to 
``wetland dependent migratory birds'' where those terms appear 
in Section 2, Findings and the Statement of Purpose, of NAWCA. 
These changes ensure that funds from NAWCA are used to protect, 
enhance, and restore wetland habitats; however, it is expected 
that associated habitat types will be present in approved 
wetland projects. Congress supports the application of NAWCA 
funds, especially for permanent protection, of large contiguous 
tracts of multiple habitat types because protection of 
surrounding lands directly benefits the physical and biological 
health of wetland ecosystems. However, the primary focus and 
emphasis of NAWCA and its wetland conservation projects is 
wetlands and wetland-dependent migratory birds.
    Section 4. Definition of Wetlands Conservation Project. 
Makes changes to the definition of the term ``wetlands 
conservation project'' in Section 3 of NAWCA to clarify that 
any property acquired for such a project must be wetland and 
associated habitat, and that any restoration, management and 
enhancement activities that are part of such projects must 
occur in wetland ecosystems and associated habitat. Again, this 
change is not intended to exclude other habitat types present 
within a project; however, the wetland ecosystems are intended 
as the primary emphasis.
    Section 5. Reauthorization. Authorizes appropriations for 
Fiscal Years (FY) 2003-2007. Authorized amounts begin at $55 
million in FY 2003 and increase $5 million per year to $75 
million in FY 2007.
    Section 6. Allocation. Changes the allocation of funds to 
Canada and Mexico under Section 6(b) of NAWCA from 50-70 
percent of the available funds to 25-50 percent. The Committee 
recognizes the importance of Canadian wetland habitats to the 
continent's waterfowl resources. By changing the international 
allocation within NAWCA, the Committee does not intend that the 
U.S. abandon or reduce its commitment to the protection of 
internationally shared resources. Therefore, in any fiscal year 
in which funds available for grants under section 7 exceed 
amounts available in Fiscal Year 2002, the Committee expects 
the Wetlands Conservation Council to provide no less a level of 
assistance than was provided in Fiscal Year 2002 to accomplish 
waterfowl habitat conservation work outside the United States.
    Section 7. Clarification of Non-federal Share of the Cost 
of Approved Wetlands Conservation Projects. Amends Section 8(a) 
of NAWCA to clarify that the non-federal share of funds applied 
toward approved wetland conservation projects will be derived 
from United States sources and at minimum equal the federal 
contribution available from the sources listed in Section 7 of 
NAWCA. If the projects are conducted on federal lands, no match 
is required. No non-federal match is required for any federal 
funds other than those listed in Section 7 of H.R. 3908.
    Section 8. Technical Corrections. Makes technical 
corrections to NAWCA.

            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 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 reauthorize the North American 
Wetlands Conservation Act, and for other purposes.
    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:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 25, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3908, the North 
American Wetlands Conservation Reauthorization Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 3908--North American Wetlands Conservation Reauthorization Act

    Summary: H.R. 3908 would reauthorize funding for projects 
carried out under the North American Wetlands Conservation Act 
(NAWCA) through fiscal year 2007. Current law authorizes 
appropriations of $50 million per year for NAWCA and expires 
after 2003. The bill would authorize the appropriation of $325 
million over the 2003-2007 period (including $50 million 
authorized to be appropriated under current law). The U.S. Fish 
and Wildlife Service (USFWS) uses funding authorized by NAWCA 
for a wide variety of activities to benefit wetlands in North 
America, including matching grants, cooperative projects, and 
land acquisition.
    Assuming appropriation of the authorized amounts, CBO 
estimates that enacting H.R. 3908 would result in additional 
discretionary spending of $155 million over the 2003-2007 
period. An additional $120 million would be spent after 2007. 
The legislation would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply.
    H.R. 3908 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. 3908 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--
                                                           -----------------------------------------------------
                                                              2002     2003     2004     2005     2006     2007
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

NAWCA Spending Under Current Law:
    Authorization Level \1\...............................       44       50        0        0        0        0
    Estimated Outlays.....................................       29       34       28       21       14        3
Proposed Changes:
    Authorization Level...................................        0        5       60       65       70       75
    Estimated Outlays.....................................        0        1       16       32       47       59
NAWCA Spending Under H.R. 3908:
    Estimated Authorization Level.........................       44       55       60       65       70       75
    Estimated Outlays.....................................       29       35       44       53       61      62
----------------------------------------------------------------------------------------------------------------
\1\ The 2002 level is the amount appropriated for that year for the North American wetlands conservation fund.
  The 2003 level is the amount authorized under current law.

    Basis of estimate: For this estimate, CBO assumes that the 
amounts authorized by the bill would be appropriated for each 
fiscal year. The authorization levels are as stated in section 
5 of the bill, including an increase of $5 million above the 
existing authorization level for fiscal year 2003. Other 
provisions of the bill, which amend the allocation and cost-
sharing provisions of NAWCA, would not have any significant 
effect on spending for wetlands conservation. Outlay estimates 
are based on recent spending patterns for this program.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: H.R. 3908 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. State and local governments that receive 
funds authorized by this bill would benefit from provisions 
that would increase the authorized amounts and allocate a 
higher proportion of the funds to domestic projects.
    Estimate prepared by: Federal costs; Deborah Reis; Impact 
on State, local and tribal governments: Marjorie Miller; Impact 
on the private sector: Lauren Marks.
    Estimate approved by: Robert A. Sunshine, 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):

NORTH AMERICAN WETLANDS CONSERVATION ACT

           *       *       *       *       *       *       *

SEC. 2. FINDINGS AND STATEMENT OF PURPOSE.

  (a) Findings.--The Congress finds and declares that--
          (1) the maintenance of healthy populations of 
        migratory birds in North America is dependent on the 
        protection, restoration, and management of wetland 
        ecosystems [and other habitats] and associated habitats 
        in Canada, as well as in the United States and Mexico;

           *       *       *       *       *       *       *

          (10) the 1988 amendments to the Fish and Wildlife 
        Conservation Act of 1980 require the Secretary of the 
        Interior to identify conservation measures to assure 
        that nongame migratory bird species do not reach the 
        point at which measures of the Endangered Species Act 
        of 1973 are necessary;

           *       *       *       *       *       *       *

  (b) Purpose.--The purposes of this Act are to encourage 
partnership among public agencies and other interests--
          (1) to protect, enhance, restore, and manage an 
        appropriate distribution and diversity of wetland 
        ecosystems [and other habitats for migratory birds] and 
        associated habitats for wetland dependent migratory 
        birds and other fish and wildlife in North America;
          (2) to maintain current or improved distributions of 
        wetland dependent migratory bird populations; and
          (3) to sustain an abundance of waterfowl and other 
        wetland dependent migratory birds consistent with the 
        goals of the North American Waterfowl Management Plan, 
        the United States Shorebird Conservation Plan, the 
        North American Waterbird Conservation Plan, the 
        Partners In Flight Conservation Plans, and the 
        international obligations contained in the migratory 
        bird treaties and conventions and other agreements with 
        Canada, Mexico, and other countries.

SEC. 3. DEFINITIONS.

  For the purposes of this Act:
          (1) * * *
          (2) The term ``appropriate Committees'' means the 
        Committee on Environment and Public Works of the United 
        States Senate and the [Committee on Merchant Marine and 
        Fisheries of the United States House of 
        Representatives] Committee on Resources of the House of 
        Representatives.

           *       *       *       *       *       *       *

          (5) The term ``migratory birds'' means all wild birds 
        native to North America that are in an unconfined state 
        and that are protected under the Migratory Bird Treaty 
        Act, including ducks, geese, and swans of the family 
        Anatidae, species listed as threatened or endangered 
        under the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.), and species defined as nongame under the 
        Fish and Wildlife Conservation Act of 1980 (16 U.S.C. 
        2901-2912).

           *       *       *       *       *       *       *

          (9) The term ``wetlands conservation project'' 
        means--
                  (A) the obtaining of a real property interest 
                in lands or waters, including water rights, of 
                a wetland ecosystem and associated habitat if 
                the obtaining of such interest is subject to 
                terms and conditions that will ensure that the 
                real property will be administered for the 
                long-term conservation of such lands and waters 
                and the migratory birds and other fish and 
                wildlife dependent thereon;
                  (B) the restoration, management, or 
                enhancement of wetland ecosystems [and other 
                habitat] and associated habitat for migratory 
                birds and other fish and wildlife species if 
                such restoration, management, or enhancement is 
                conducted on lands and waters that are 
                administered for the long-term conservation of 
                such lands and waters and the migratory birds 
                and other fish and wildlife dependent thereon; 
                and

           *       *       *       *       *       *       *

SEC. 4. ESTABLISHMENT OF NORTH AMERICAN WETLANDS CONSERVATION COUNCIL.

  (a) Council Membership.--(1) There shall be established a 
North American Wetlands Conservation Council (hereinafter in 
this Act referred to as the ``Council'') which shall consist of 
nine members who may not receive compensation as members of the 
Council. Of the Council members--
          (A) * * *
          (B) one shall be the Secretary of the Board of the 
        National Fish and Wildlife Foundation appointed 
        pursuant to section [3(2)(B)] 3(g)(2)(B) of the 
        National Fish and Wildlife Foundation Establishment Act 
        (16 U.S.C. 3702);

           *       *       *       *       *       *       *

  (c) Ex Officio Council Members.--The Secretary is authorized 
and encouraged to include as ex officio nonvoting members of 
the [Commission] Council representatives of--
          (1) * * *

           *       *       *       *       *       *       *

SEC. 5. APPROVAL OF WETLANDS CONSERVATION PROJECTS.

  (a) Consideration by the Council.--The Council shall 
recommend wetlands conservation projects to the Migratory Bird 
Conservation Commission based on consideration of--
          (1) * * *

           *       *       *       *       *       *       *

          (5) the extent to which any wetlands conservation 
        project would aid the conservation of migratory nongame 
        birds, other fish and wildlife and species that are 
        listed, or are candidates to be listed, as threatened 
        and endangered under the Endangered Species Act of 1973 
        (16 U.S.C. 1531 et seq.);

           *       *       *       *       *       *       *

  (f) Notification of Appropriate Committees.--The Migratory 
Bird Conservation Commission shall submit annually to the 
appropriate Committees a report including a list and 
description of the wetlands conservation projects approved by 
the Migratory Bird Conservation Commission for Federal funding 
under subsection [(d)] (e) of this section in order of 
priority; the amounts and sources of Federal and non-Federal 
funding for such projects; a justification for the approval of 
such projects and the order of priority for funding such 
projects; a list and description of the wetlands conservation 
projects which the Council recommended, in order of priority 
that the Migratory Bird Conservation Commission approve for 
Federal funding; and a justification for any rejection or re-
ordering of the priority of wetlands conservation projects 
recommended by the Council that was based on factors other than 
the criteria of section 5(a) of this 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 $50,000,000 for each of 
fiscal years 1999 through 2003.] not to exceed--
          (1) $55,000,000 for fiscal year 2003;
          (2) $60,000,000 for fiscal year 2004;
          (3) $65,000,000 for fiscal year 2005;
          (4) $70,000,000 for fiscal year 2006; and
          (5) $75,000,000 for fiscal year 2007.

           *       *       *       *       *       *       *

SEC. 8. ALLOCATION OF AMOUNTS AVAILABLE TO CARRY OUT THIS ACT.

  (a) Allocations.--Of the sums available to the Secretary for 
any fiscal year under this Act and section 3(b) of the Federal 
Aid in Wildlife Restoration Act (16 U.S.C. 669b(b)), as amended 
by this Act--
          (1) such percentage of that sum [(but at least 50 per 
        centum and not more than 70 per centum thereof)] (but 
        at least 25 percent and not more than 50 percent 
        thereof) as is considered appropriate by the Secretary, 
        which can be matched with non-Federal moneys in 
        accordance with the requirements of subsection (b) of 
        this section, less such amount (but not more than 4 
        [per centum] percent of such percentage) considered 
        necessary by the Secretary to defray the costs of 
        administering this Act during such fiscal year, shall 
        be allocated by the Secretary to carry out approved 
        wetlands conservation projects in Canada and Mexico in 
        accordance with section 6(b) of this Act; and
          (2) the remainder of such sum after paragraph (1) is 
        applied [(but at least 30 per centum and not more than 
        50 per centum thereof)] (but at least 50 percent and 
        not more than 75 percent thereof), which can be matched 
        with non-Federal moneys in accordance with the 
        requirements of subsection (b) of this section, shall 
        be allocated by the Secretary to carry out approved 
        wetlands conservation projects in the United States in 
        accordance with section 6(a) of this Act.
  [(b) Federal Contribution for Projects.--The Federal moneys 
allocated under subsection (a) of this section for any fiscal 
year to carry out approved wetlands conservation projects shall 
be used for the payment of not to exceed 50 per centum of the 
total United States contribution to the costs of such projects, 
or may be used for payment of 100 per centum of the costs of 
such projects located on Federal lands and waters, including 
the acquisition of inholdings within such lands and waters.]
  (b) Cost Sharing.--(1) Except as provided in paragraph (2), 
as a condition of providing assistance under this Act for any 
approved wetlands conservation project, the Secretary shall 
require that the portion of the costs of the project paid with 
amounts provided by non-Federal United States sources is equal 
to at least the amount allocated under subsection (a) that is 
used for the project.
  (2) Federal moneys allocated under subsection (a) may be used 
to pay 100 percent of the costs of such projects located on 
Federal lands and waters, including the acquisition of 
inholdings within such lands and waters.
  (3) The non-Federal share of the United States contribution 
to the costs of such projects may not be derived from Federal 
grant programs. In the case of a project carried out in Mexico, 
the non-Federal share of the United States contribution to the 
costs of the project may include cash contributions from non-
United States sources that are used to pay costs of the 
project.

           *       *       *       *       *       *       *

SEC. 10. REPORT TO CONGRESS.

  The Secretary shall report to the appropriate Committees on 
the implementation of this Act. The report shall include--
          (1) a biennial assessment of--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) the status of efforts to establish 
                agreements with nations in the [western 
                hemisphere pursuant to section 17 of this Act] 
                Western Hemisphere pursuant to section 16; and
                  (D) wetlands conservation projects funded 
                under this Act, listed and identified by type, 
                conservation mechanism (such as acquisition, 
                easement, or lease), location, and duration[.]; 
                and

           *       *       *       *       *       *       *

SEC. 16. OTHER AGREEMENTS.

  (a) The Secretary shall undertake with the appropriate 
officials of nations in the [western hemisphere] Western 
Hemisphere to establish agreements, modeled after the Plan or 
the Agreement, for the protection of migratory birds identified 
in section 13(a)(5) of the Fish and Wildlife Conservation Act 
of 1980 (16 U.S.C. 2912(a)). When any such agreements are 
reached, the Secretary shall make recommendations to the 
appropriate Committees on legislation necessary to implement 
the agreements.

           *       *       *       *       *       *       *

                              ----------                              

              SECTION 112 OF THE ACT OF NOVEMBER 16, 1990

                          (Public Law 101-593)

 AN ACT To direct the Secretary of the Interior to convey all interest 
of the United States in a fish hatchery to the State of South Carolina, 
                        and for other purposes.

SEC. 112. NORTH AMERICAN WETLANDS CONSERVATION ACT AMENDMENTS.

  The North American Wetlands Conservation Act (Public Law 101-
233) is amended--
          (1) in section 4(a)(1)(A) by inserting after 
        ``Service'' [and before the period] ``, who shall be 
        the responsible Federal official for ensuring Council 
        compliance with the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.)'';

           *       *       *       *       *       *       *

                                

```