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[Senate Report 112-217]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 519
112th Congress  }                                             {  Report
  2d Session    }             SENATE                          { 112-217
=======================================================================
 
       NORTH AMERICAN WETLANDS CONSERVATION EXTENSION ACT OF 2012 

                                _______
                                

               September 19, 2012.--Ordered to be printed

                                _______
                                

    Mrs. Boxer, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2282]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 2282) to extend the authorization of 
appropriations to carry out approved wetlands conservation 
projects under the North American Wetlands Conservation Act 
through fiscal year 2017, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                    General Statement and Background

    The North American Wetlands Conservation Extension Act of 
2012 extends the authorization of appropriations for the North 
American Wetlands Conservation Act of 1989 (NAWCA) for five 
years until 2017. NAWCA provides matching grants to 
organizations and individuals who have developed partnerships 
to carry out wetlands conservation projects in the United 
States, Canada, and Mexico for the benefit of wetlands-
associated migratory birds and other wildlife.
    Since its inception the program has demonstrated remarkable 
success. From September 1990 through March 2011, some 4,500 
partners in 2,067 projects have received more than $1.1 billion 
in grants. They have contributed another $2.32 billion in 
required matching funds to affect 26.5 million acres of habitat 
and $1.21 billion in additional funds to affect 234,820 acres 
of habitat.

                     Objectives of the Legislation

    The North American Wetlands Conservation Extension Act of 
2012 (S. 2282) extends the authorization of appropriations to 
carry out approved wetlands conservation projects under the 
North American Wetlands Conservation Act through fiscal year 
2017.

                      Section-by-Section Analysis

Section 1. Short title

    Section 1 provides that this Act may be cited as the 
``North American Wetlands Conservation Extension Act of 2012''.

Section 2. Authorization of appropriations

    Section 2 extends the authorization of appropriations until 
2017.

                          Legislative History

    S. 2282 was introduced by Senators Inhofe, Boxer, Vitter, 
Landrieu, Cochran, Johnson of South Dakota and Klobuchar on 
March 29, 2012. The bill was received, read twice, and referred 
to the Committee on Environment and Public Works. On July 25, 
2012, the full Committee on Environment and Public Works met to 
consider the bill. The bill was ordered reported favorably 
without amendment by voice vote.

                                Hearings

    On April 24th, 2012, the Water and Wildlife Subcommittee of 
the Senate Environment and Public Works Committee held a 
legislative hearing on multiple bills, including S. 2282.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 2282 on July 25, 2012. The bill was ordered 
reported favorably by voice vote.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that S. 2282 
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 noted that the Congressional 
Budget Office has found, ``S. 2282 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.''
                                                     July 31, 2012.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2282, the North 
American Wetlands Conservation Extension Act of 2012.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 2282--North American Wetlands Conservation Extension Act of 2012

    Summary: S. 2282 would authorize the appropriation of $75 
million a year through 2017 for programs carried out under the 
North American Wetlands Conservation Act (NAWCA). Under current 
law, the authority for such appropriations will expire at the 
end of fiscal year 2012. 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 $263 
million over the 2013-2017 period and $112 million after 2017. 
Enacting S. 2282 would not affect direct spending or revenues; 
therefore, pay-as-you-go procedures do not apply.
    S. 2282 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 S. 2282 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 in 2012 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--
                                                         -------------------------------------------------------
                                                            2013     2014     2015     2016     2017   2013-2017
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Authorization Levela....................................       75       75       75       75       75       375
Estimated Outlays.......................................       19       38       56       75       75      263
----------------------------------------------------------------------------------------------------------------
a.The U.S. Fish and Wildlife Service received appropriations totaling $36 million in fiscal year 2012 to carry
  out activities under the North American Wetlands Conservation Act.

    Intergovernmental and private-sector impact: S. 2282 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. Implementing this legislation would benefit 
state, local, and tribal governments because, assuming such 
amounts are appropriated, they would receive a portion of the 
funds authorized.
    Estimate prepared by: Federal costs: Jeff LaFave; Impact on 
state, local, and tribal governments: Melissa Merrill; Impact 
on the private sector: Paige Piper/Bach.
    Estimate approved by: Theresa Gullo, 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:

           *       *       *       *       *       *       *

                NORTH AMERICAN WETLANDS CONSERVATION ACT

SECTION 1. [16 U.S.C. 4401 NOTE] SHORT TITLE.

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

           *       *       *       *       *       *       *

SEC. 7. [16 U.S.C. 4406] AMOUNTS AVAILABLE TO CARRY OUT THIS ACT.

  (a) Aid in Wildlife Restoration.--(1) [Amends section 3 of 
the Act of September 2, 1937]
  (2) [Amends section 4(a) of the Act of September 2, 1937]
  (3) The amendments made by this subsection of this Act take 
effect October 1, 1989.
  (b) Migratory Bird Fines, Penalties, Forfeitures.--The sums 
received under section 6 of the Migratory Bird Treaty Act (16 
U.S.C. 707) as penalties or fines, or from forfeitures of 
property are authorized to be appropriated to the Department of 
the Interior for purposes of allocation under section 8 of this 
Act. This subsection shall not be construed to require the sale 
of instrumentalities.
  (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) $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 each of fiscal years 2008 through 
        [2012] 2017.

           *       *       *       *       *       *       *

                                  
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