39–006 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 113–501 

NORTH AMERICAN WETLANDS CONSERVATION 

EXTENSION ACT 

JUNE 30, 2014.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. HASTINGS of Washington, from the Committee on Natural 

Resources, submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 2208] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 2208) to extend the authorization of appropriations for allocation to carry out approved wetlands conservation projects under 

the North American Wetlands Conservation Act through fiscal year 

2017, 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 Extension 

Act’’. 

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 ‘‘not to exceed—’’ and all that follows through paragraph (5) 

and inserting ‘‘not to exceed $35,000,000 for each of fiscal years 2015 through 

2018.’’. 

SEC. 3. LIMITATION ON EXPENDITURES FOR FEE TITLE ACQUISITION. 

(a) LIMITATION.—Section 6 of the North American Wetlands Conservation Act (16 

U.S.C. 4405) is amended by adding at the end the following: 

‘‘(c) LIMITATION ON EXPENDITURES FOR LAND ACQUISITION.—Amounts appropriated under the authority of this Act may not be used— 

‘‘(1) by the Secretary to acquire fee title to land on behalf of the United 

States; 


emcdonald on DSK67QTVN1PROD with HEARING
2 

‘‘(2) by the Secretary to acquire fee title to any land from a third party who 

used funds appropriated under the authority of this Act to acquire fee title to 

that land unless the Secretary can certify that the Secretary has sufficient 

available funds to properly manage and maintain the land being acquired, including the provision of access for hunting; or 

‘‘(3) by a nongovernment organization to acquire fee title to land within the 

United States unless the acquisition is approved by the State or insular area 

fish and wildlife agency with jurisdiction with respect to that land.’’. 

(b) APPLICATION.—The amendment made by subsection (a) shall not apply with 

respect to any specific land acquisition required by contract or other agreement entered into before the date of enactment of this Act. 

SEC. 4. ANNUAL REPORT ON EXPENDITURES. 

Section 10(2) of the North American Wetlands Conservation Act (16 U.S.C. 

4409(2)) is amended to read as follows: 

‘‘(2) an annual assessment of the status of wetlands conservation projects, including an accounting of— 

‘‘(A) expenditures by Federal, State, and other United States entities; 

‘‘(B) expenditures made for fee-simple acquisition of Federal lands in the 

United States; and 

‘‘(C) expenditures by Canadian and Mexican sources to carry out wetland 

projects funded under this Act.’’. 

PURPOSE OF THE BILL

The purpose of H.R. 2208 is to extend the authorization of appropriations for allocation to carry out approved wetlands conservation 

projects under the North American Wetlands Conservation Act 

through fiscal year 2017. 

BACKGROUND AND NEED FOR LEGISLATION

In 1989, Congress enacted the North American Wetlands Conservation Act (NAWCA). The fundamental goal of this law is to restore waterfowl populations through partnerships involving federal, 

State, provincial, territorial, and tribal governments joining forces 

with private conservation organizations and individuals. NAWCA 

provides a funding mechanism for cooperative public-private wetlands conservation efforts throughout North America. Funding for 

these projects is drawn from four sources: interest from short-term 

investment of the Federal Aid in Wildlife (Pittman-Robertson) Restoration Fund; fines and forfeitures imposed for violations of the 

Migratory Bird Treaty Act; a portion of the Sport Fish Restoration 

Fund; and appropriated dollars. 

The underlying law also established the North American Wetlands Conservation Council, which has nine members representing 

federal and state fish and wildlife agencies, nonprofit organizations 

participating in wetland conservation, and the National Fish and 

Wildlife Foundation, to oversee the distribution of funds. Any federal, State, local, or private organization may apply for a grant to 

conduct a wetlands conservation project in North America. The Migratory Bird Conservation Commission, a seven-member commission, is required to serve as the final arbiter by providing funding 

approval for projects recommended by the Council. 

These 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 at least 1:1 with 

non-federal funds. NAWCA is a highly competitive matching grant 

program with requests for projects far exceeding available funds on 

an annual basis. Congress passed this law to fund migratory bird 

habitat conservation throughout the entire North American range 


emcdonald on DSK67QTVN1PROD with HEARING
3 

and the Council has traditionally allocated 50 percent of the funds 

for projects in the United States, 45 percent for projects in Canada 

and five percent for projects in Mexico. Under current law, the 

Council must allocate at least 30 percent and not more than 60 

percent for projects in these two foreign countries. In fiscal year 2014, Congress appropriated $34.1 million for the 

North American Wetlands Conservation Fund. In addition, it is anticipated that contributions from interest on Pittman-Robertson 

funds will total $7.186 million. Fines and forfeitures under the Migratory Bird Treaty Act will add $651,000. In addition, the National Coastal Wetlands Planning, Protection and Restoration Program within the Sport Fish Restoration Fund will contribute about 

$15.881 million. In total, $57.818 million should be available for 

grants in the United States, Canada and Mexico. 

Since the first wetlands grants were awarded in 1991, over 2,200 

grant projects have been funded by the Migratory Bird Conservation Commission. These grants, involving more than 5,000 partners, have invested $1.24 billion in federal funds and more than 

$3.4 billion in private matching contributions. This money was 

used to acquire, create and restore nearly 27 million acres of wetlands and associated uplands in the United States, Canada and 

Mexico. In addition, these grants were also responsible for erosion 

and flood control. 

In terms of overall funding, during the past 25 years, NAWCA has received $687 million in appropriated dollars with the highest 

level of $47.6 million occurring in fiscal year 2010. This has been 

matched by more than $3.4 billion in private matching money. 

Since NAWCA’s initial enactment in 1989, Congress has extended 

it on four separate occasions. The most recent reauthorization occurred in 2006, when Congress enacted legislation extending the 

authorization of appropriation level of up to $75 million each year 

until September 30, 2012. 

During Full Committee markup of H.R. 2208, Chairman Doc 

Hastings (R–WA) offered an amendment that set the annual authorization level of $35 million each year. This level reflects the actual budget appropriations for the program. In addition, the Chairman’s amendment placed a limit on federal acquisition of fee title 

land, ensuring that this critical funding is directed primarily to 

conservation projects which generates 10:1 benefit versus fee title 

acquisition, requires approval of governors in states where fee title 

acquisition is done, and for the first time establishes an annual 

audit of all NAWCA program expenditures. The amendment was 

adopted by voice vote. 

COMMITTEE ACTION

H.R. 2208 was introduced on May 23, 2013, by Congressman 

Robert J. Wittman (R–VA). The bill was referred to the Committee 

on Natural Resources, and within the Committee to the Subcommittee on Fisheries, Wildlife, Oceans and Insular Affairs. On 

August 2, 2013, the Subcommittee held a hearing on the bill. On 

April 9, 2014, the Natural Resources Committee met to consider 

the bill. The Subcommittee on Fisheries, Wildlife, Oceans and Insular Affairs was discharged by unanimous consent. Chairman Doc 

Hastings (R–WA) offered an amendment designated #1. Delegate 

Madeleine Bordallo (D–GU) offered an amendment to the Hastings 


emcdonald on DSK67QTVN1PROD with HEARING
4 

amendment designated .001; the amendment was not adopted by a 

roll call vote of 14 to 22, as follows: 


emcdonald on DSK67QTVN1PROD with HEARING
5 


emcdonald on DSK67QTVN1PROD with HEARINGInsert graphic folio 5 501A.001
6 

The Hastings amendment was adopted by voice vote. The bill, as 

amended, was then adopted and ordered favorably reported to the 

House of Representatives by voice vote. 

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 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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. 2208—North American Wetlands Conservation Extension Act 

Summary: H.R. 2208 would authorize the appropriation of $35 

million a year through 2018 for programs carried out under the 

North American Wetlands Conservation Act (NAWCA). 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. 

Assuming appropriation of the authorized amounts, CBO estimates that implementing the legislation would cost $110 million 

over the 2015–2019 period and $30 million after 2019. Enacting 

H.R. 2208 would not affect direct spending or revenues; therefore, 

pay-as-you-go procedures do not apply. 

H.R. 2208 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 2208 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 the bill will be enacted 

near the end of 2014 and that the authorized amounts will be appropriated for each fiscal year. Estimated outlays are based on historical spending patterns for this program. 

By fiscal year, in millions of dollars— 

2015 2016 2017 2018 2019 2015– 

2019 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level a ......................................................... 35 35 35 35 0 140 


emcdonald on DSK67QTVN1PROD with HEARING
7 

By fiscal year, in millions of dollars— 

2015 2016 2017 2018 2019 2015– 

2019 

Estimated Outlays ............................................................ 12 20 27 35 16 110 

a The U.S. Fish and Wildlife Service received appropriations totaling $34 million in fiscal year 2014 to carry out activities under the North 

American Wetlands Conservation Act. 

Intergovernmental and private-sector impact: H.R. 2208 contains 

no intergovernmental or private-sector mandates as defined in 

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

tribal governments because they would receive a portion of any authorized amounts. 

Previous CBO estimate: On February 28, 2014, CBO transmitted 

a cost estimate for S. 741, the North American Wetlands Conservation Extension Act of 2014. The two bills are similar; however, the 

Senate version of the legislation would authorize the appropriation 

of $55 million a year through 2019. In addition, CBO assumed that 

S. 741 would be enacted earlier in 2014 and that supplemental appropriations would be provided in that year. The CBO cost estimates reflect those differences. 

Estimate prepared by: Federal Costs: Jeff LaFave; Impact on 

State, Local, and Tribal Governments: Melissa Merrell; Impact on 

the Private Sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

2. Section 308(a) of 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, credit authority, or an increase or decrease in revenues or tax expenditures. 

CBO estimates that implementing the legislation would cost $110 

million over the 2015–2019 period and $30 million after 2019. 

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 extend the authorization of appropriations for allocation to carry out approved wetlands conservation projects under 

the North American Wetlands Conservation Act through fiscal year 

2017. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

COMPLIANCE WITH H. RES. 5 

Directed Rule Making. The Chairman does not believe that this 

bill directs any executive branch official to conduct any specific 

rule-making proceedings. 

Duplication of Existing Programs. This bill does reauthorize a 

program of the federal government known to be duplicative of anVerDate Mar 15 2010 22:17 Jul 01, 2014 Jkt 039006 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR501.XXX HR501

emcdonald on DSK67QTVN1PROD with HEARING
8 

other federal program. Such program was identified in the most recent Catalog of Federal Domestic Assistance published pursuant to 

the Federal Program Information Act (Public Law 95–220, as 

amended by Public Law 98–169) as relating to other programs. 

Those programs are the Sport Fish Restoration program, wildlife 

restoration, Coastal Wetlands Planning, Protection and Restoration 

Act, and neotropical migratory bird conservation. 

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. 6. CONDITIONS RELATING TO WETLANDS CONSERVATION 

PROJECTS. 

(a) * * * 

* * * * * * * 

(c) LIMITATION ON EXPENDITURES FOR LAND ACQUISITION.— 

Amounts appropriated under the authority of this Act may not be 

used—— 

(1) by the Secretary to acquire fee title to land on behalf of 

the United States; 

(2) by the Secretary to acquire fee title to any land from a 

third party who used funds appropriated under the authority of 

this Act to acquire fee title to that land unless the Secretary can 

certify that the Secretary has sufficient available funds to properly manage and maintain the land being acquired, including 

the provision of access for hunting; or 

(3) by a nongovernment organization to acquire fee title to 

land within the United States unless the acquisition is approved by the State or insular area fish and wildlife agency 

with jurisdiction with respect to that land. 

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 

ønot to exceed—¿ not to exceed $35,000,000 for each of fiscal years 

2015 through 2018. 

ø(1) $55,000,000 for fiscal year 2003; 

ø(2) $60,000,000 for fiscal year 2004; 

ø(3) $65,000,000 for fiscal year 2005; 

ø(4) $70,000,000 for fiscal year 2006; and 


emcdonald on DSK67QTVN1PROD with HEARING
9 

ø(5) $75,000,000 for each of fiscal years 2008 through 2012.¿ 

* * * * * * * 

SEC. 10. REPORT TO CONGRESS. 

The Secretary shall report to the appropriate Committees on the 

implementation of this Act. The report shall include—— 

(1) * * * 

ø(2) an annual assessment of the status of wetlands conservation projects, including an accounting of expenditures by 

Federal, State, and other United States entities, and expenditures by Canadian and Mexican sources to carry out these 

projects.¿ 

(2) an annual assessment of the status of wetlands conservation projects, including an accounting of—— 

(A) expenditures by Federal, State, and other United 

States entities; 

(B) expenditures made for fee-simple acquisition of Federal lands in the United States; and 

(C) expenditures by Canadian and Mexican sources to 

carry out wetland projects funded under this Act. 

* * * * * * * 


emcdonald on DSK67QTVN1PROD with HEARING
(10) 

DISSENTING VIEWS 

The North American Wetlands Conservation Act (NAWCA) is 

critical to protecting habitat for waterfowl and other migratory 

birds, and has enjoyed broad, bipartisan support in Congress since 

its passage in 1989. NAWCA implements the U.S. commitment to 

the North American Waterfowl Management Plan; NAWCA grants 

have protected, restored, or enhanced 27.1 million acres of wetlands at least 1:1 by non-Federal funds, which leverages significant 

contributions from states and private partners. NAWCA projects 

use fee title ownership, conservation easements, and landowner 

agreements to ensure conservation benefits for the long term (25 

years or more), to the benefit of birds, fish, and other wildlife, as 

well as wildlife-dependent recreation for millions of Americans. 

As introduced, H.R. 2208 would have reauthorized appropriations 

for NAWCA through 2017 at $75 million—the level set in the last 

reauthorization. While the amount appropriated in FY 2013 was 

$33.6 million, funding climbed as high as $47.6 million in 2008, before the recession. Keeping the $75 million authorization level in 

place would allow conservation of more wetlands as the economy 

continues to improve and we, along with a coalition of conservation 

and sportsmen’s groups including Ducks Unlimited, The Nature 

Conservancy, and the Association of Fish and Wildlife Agencies, 

supported the bill as introduced. 

Unfortunately, the Republican majority insisted on a hostile 

amendment to H.R. 2208, leaving the legislation as reported significantly flawed. The amendment slashes the authorization level 

to $35 million and prohibits the Secretary of the Interior from 

using these funds to acquire land. 

Fee title purchase of land is sometimes the only way to ensure 

conservation of critical wetlands, especially in coastal areas with 

heavy development pressure. It is vital that federal managers have 

this tool, along with sufficient funding, to address conservation priorities for hunters, anglers, and other outdoor enthusiasts. Because 

the Republican amendment defeats both of these purposes, we oppose H.R. 2008, as reported. 

PETER DEFAZIO, 

Ranking Member, Committee 

on Natural Resources. 

GREGORIO KILILI CAMACHO

SABLAN, 

Ranking Member, Subcommittee on Fisheries, 

Wildlife, Oceans and Insular Affairs. 

Æ 


emcdonald on DSK67QTVN1PROD with HEARING