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[106th Congress Public Law 247]
[From the U.S. Government Printing Office]

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[DOCID: f:publ247.106]

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[[Page 114 STAT. 593]]

Public Law 106-247
106th Congress

                                 An Act

 
   To require the Secretary of the Interior to establish a program to 
    provide assistance in the conservation of neotropical migratory 
               birds. <<NOTE: July 20, 2000 -  [S. 148]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Neotropical 
Migratory Bird Conservation Act. Foreign relations. Inter-governmental 
relations.>> 

SECTION 1. SHORT TITLE. <<NOTE: 16 USC 6101 note.>> 

    This Act may be cited as the ``Neotropical Migratory Bird 
Conservation Act''.

SEC. 2. FINDINGS. <<NOTE: 16 USC 6101.>> 

    Congress finds that--
            (1) of the nearly 800 bird species known to occur in the 
        United States, approximately 500 migrate among countries, and 
        the large majority of those species, the neotropical migrants, 
        winter in Latin America and the Caribbean;
            (2) neotropical migratory bird species provide invaluable 
        environmental, economic, recreational, and aesthetic benefits to 
        the United States, as well as to the Western Hemisphere;
            (3)(A) many neotropical migratory bird populations, once 
        considered common, are in decline, and some have declined to the 
        point that their long-term survival in the wild is in jeopardy; 
        and
            (B) the primary reason for the decline in the populations of 
        those species is habitat loss and degradation (including 
        pollution and contamination) across the species' range; and
            (4)(A) because neotropical migratory birds range across 
        numerous international borders each year, their conservation 
        requires the commitment and effort of all countries along their 
        migration routes; and
            (B) although numerous initiatives exist to conserve 
        migratory birds and their habitat, those initiatives can be 
        significantly strengthened and enhanced by increased 
        coordination.

SEC. 3. PURPOSES. <<NOTE: 16 USC 6102.>> 

    The purposes of this Act are--
            (1) to perpetuate healthy populations of neotropical 
        migratory birds;
            (2) to assist in the conservation of neotropical migratory 
        birds by supporting conservation initiatives in the United 
        States, Latin America, and the Caribbean; and
            (3) to provide financial resources and to foster 
        international cooperation for those initiatives.

SEC. 4. DEFINITIONS. <<NOTE: 16 USC 6103.>> 

    In this Act:

[[Page 114 STAT. 594]]

            (1) Account.--The term ``Account'' means the Neotropical 
        Migratory Bird Conservation Account established by section 9(a).
            (2) Conservation.--The term ``conservation'' means the use 
        of methods and procedures necessary to bring a species of 
        neotropical migratory bird to the point at which there are 
        sufficient populations in the wild to ensure the long-term 
        viability of the species, including--
                    (A) protection and management of neotropical 
                migratory bird populations;
                    (B) maintenance, management, protection, and 
                restoration of neotropical migratory bird habitat;
                    (C) research and monitoring;
                    (D) law enforcement; and
                    (E) community outreach and education.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 5. FINANCIAL ASSISTANCE. <<NOTE: 16 USC 6104.>> 

    (a) In General.--The Secretary shall establish a program to provide 
financial assistance for projects to promote the conservation of 
neotropical migratory birds.
    (b) Project Applicants.--A project proposal may be submitted by--
            (1) an individual, corporation, partnership, trust, 
        association, or other private entity;
            (2) an officer, employee, agent, department, or 
        instrumentality of the Federal Government, of any State, 
        municipality, or political subdivision of a State, or of any 
        foreign government;
            (3) a State, municipality, or political subdivision of a 
        State;
            (4) any other entity subject to the jurisdiction of the 
        United States or of any foreign country; and
            (5) an international organization (as defined in section 1 
        of the International Organizations Immunities Act (22 U.S.C. 
        288)).

    (c) Project Proposals.--To be considered for financial assistance 
for a project under this Act, an applicant shall submit a project 
proposal that--
            (1) includes--
                    (A) the name of the individual responsible for the 
                project;
                    (B) a succinct statement of the purposes of the 
                project;
                    (C) a description of the qualifications of 
                individuals conducting the project; and
                    (D) an estimate of the funds and time necessary to 
                complete the project, including sources and amounts of 
                matching funds;
            (2) demonstrates that the project will enhance the 
        conservation of neotropical migratory bird species in the United 
        States, Latin America, or the Caribbean;
            (3) includes mechanisms to ensure adequate local public 
        participation in project development and implementation;
            (4) contains assurances that the project will be implemented 
        in consultation with relevant wildlife management authorities 
        and other appropriate government officials with jurisdiction 
        over the resources addressed by the project;

[[Page 114 STAT. 595]]

            (5) demonstrates sensitivity to local historic and cultural 
        resources and complies with applicable laws;
            (6) describes how the project will promote sustainable, 
        effective, long-term programs to conserve neotropical migratory 
        birds; and
            (7) provides any other information that the Secretary 
        considers to be necessary for evaluating the proposal.

    (d) Project Reporting.--Each recipient of assistance for a project 
under this Act shall submit to the Secretary such periodic reports as 
the Secretary considers to be necessary. Each report shall include all 
information required by the Secretary for evaluating the progress and 
outcome of the project.
    (e) Cost Sharing.--
            (1) Federal share.--The Federal share of the cost of each 
        project shall be not greater than 25 percent.
            (2) Non-federal share.--
                    (A) Source.--The non-Federal share required to be 
                paid for a project shall not be derived from any Federal 
                grant program.
                    (B) Form of payment.--
                          (i) Projects in the united states.--The non-
                      Federal share required to be paid for a project 
                      carried out in the United States shall be paid in 
                      cash.
                          (ii) Projects in foreign countries.--The non-
                      Federal share required to be paid for a project 
                      carried out in a foreign country may be paid in 
                      cash or in kind.

SEC. 6. DUTIES OF THE SECRETARY. <<NOTE: 16 USC 6105.>> 

    In carrying out this Act, the Secretary shall--
            (1) <<NOTE: Guidelines.>> develop guidelines for the 
        solicitation of proposals for projects eligible for financial 
        assistance under section 5;
            (2) encourage submission of proposals for projects eligible 
        for financial assistance under section 5, particularly proposals 
        from relevant wildlife management authorities;
            (3) select proposals for financial assistance that satisfy 
        the requirements of section 5, giving preference to proposals 
        that address conservation needs not adequately addressed by 
        existing efforts and that are supported by relevant wildlife 
        management authorities; and
            (4) generally implement this Act in accordance with its 
        purposes.

SEC. 7. COOPERATION. <<NOTE: 16 USC 6106.>> 

    (a) In General.--In carrying out this Act, the Secretary shall--
            (1) support and coordinate existing efforts to conserve 
        neotropical migratory bird species, through--
                    (A) facilitating meetings among persons involved in 
                such efforts;
                    (B) promoting the exchange of information among such 
                persons;
                    (C) developing and entering into agreements with 
                other Federal agencies, foreign, State, and local 
                governmental agencies, and nongovernmental 
                organizations; and
                    (D) conducting such other activities as the 
                Secretary considers to be appropriate; and

[[Page 114 STAT. 596]]

            (2) coordinate activities and projects under this Act with 
        existing efforts in order to enhance conservation of neotropical 
        migratory bird species.

    (b) Advisory Group.--
            (1) In general.--To assist in carrying out this Act, the 
        Secretary may convene an advisory group consisting of 
        individuals representing public and private organizations 
        actively involved in the conservation of neotropical migratory 
        birds.
            (2) Public participation.--
                    (A) Meetings.--The advisory group shall--
                          (i) ensure that each meeting of the advisory 
                      group is open to the public; and
                          (ii) provide, at each meeting, an opportunity 
                      for interested persons to present oral or written 
                      statements concerning items on the agenda.
                    (B) Notice.--The Secretary shall provide to the 
                public timely notice of each meeting of the advisory 
                group.
                    (C) Minutes.--Minutes of each meeting of the 
                advisory group shall be kept by the Secretary and shall 
                be made available to the public.
            (3) Exemption from federal advisory committee act.--The 
        Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
        to the advisory group.

SEC. 8. REPORT TO CONGRESS. <<NOTE: 16 USC 6107.>> 

    Not later than October 1, 2002, <<NOTE: Deadline.>> the Secretary 
shall submit to Congress a report on the results and effectiveness of 
the program carried out under this Act, including recommendations 
concerning how the Act might be improved and whether the program should 
be continued.

SEC. 9. <<NOTE: 16 USC 6108.>> NEOTROPICAL MIGRATORY BIRD CONSERVATION 
            ACCOUNT.

    (a) Establishment.--There is established in the Multinational 
Species Conservation Fund of the Treasury a separate account to be known 
as the ``Neotropical Migratory Bird Conservation Account'', which shall 
consist of amounts deposited into the Account by the Secretary of the 
Treasury under subsection (b).
    (b) Deposits Into the Account.--The Secretary of the Treasury shall 
deposit into the Account--
            (1) all amounts received by the Secretary in the form of 
        donations under subsection (d); and
            (2) other amounts appropriated to the Account.

    (c) Use.--
            (1) In general.--Subject to paragraph (2), the Secretary may 
        use amounts in the Account, without further Act of 
        appropriation, to carry out this Act.
            (2) Administrative expenses.--Of amounts in the Account 
        available for each fiscal year, the Secretary may expend not 
        more than 3 percent or up to $80,000, whichever is greater, to 
        pay the administrative expenses necessary to carry out this Act.

    (d) Acceptance and Use of Donations.--The Secretary may accept and 
use donations to carry out this Act. Amounts received by the Secretary 
in the form of donations shall be transferred to the Secretary of the 
Treasury for deposit into the Account.

[[Page 114 STAT. 597]]

SEC. 10. AUTHORIZATION OF APPROPRIATIONS. <<NOTE: 16 USC 6109.>> 

    There is authorized to be appropriated to the Account to carry out 
this Act $5,000,000 for each of fiscal years 2001 through 2005, 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.

    Approved July 20, 2000.

LEGISLATIVE HISTORY--S. 148 (H.R. 39):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 106-80 accompanying H.R. 39 (Comm. on Resources).
SENATE REPORTS: No. 106-36 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD:
                                                        Vol. 145 (1999):
                                    Apr. 13, considered and passed 
                                        Senate.
                                                        Vol. 146 (2000):
                                    June 26, considered and passed 
                                        House, amended.
                                    June 29, Senate concurred in House 
                                        amendment.

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