89–006 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 111–296 

AMENDING THE NORTH AMERICAN WETLANDS CONSERVATION ACT TO 

ESTABLISH REQUIREMENTS REGARDING PAYMENT OF THE NON-FEDERAL SHARE OF THE COSTS OF WETLANDS CONSERVATION PROJECTS 

IN CANADA THAT ARE FUNDED UNDER THAT ACT, AND FOR OTHER 

PURPOSES 

OCTOBER 9, 2009.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 3433] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 3433) to amend the North American Wetlands Conservation Act to establish requirements regarding payment of the nonFederal share of the costs of wetlands conservation projects in Canada that are funded under that Act, and for other purposes, having 

considered the same, report favorably thereon without amendment 

and recommend that the bill do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 3433 is to amend the North American Wetlands Conservation Act to establish requirements regarding payment of the non-Federal share of the costs of wetlands conservation 

projects in Canada that are funded under that Act, and for other 

purposes. 

BACKGROUND AND NEED FOR LEGISLATION

Wetlands are among the world’s most productive ecosystems. They provide critical habitat for numerous species of fish and wildlife and are particularly important to the life cycles of migratory 

birds and economically important fish species. Wetlands also serve 

as natural flood control basins and water filters, and wetland degradation is known to have severe negative effects on water quality. 

Beginning in the 1930’s, alarming declines in migratory bird populations were linked conclusively to the loss of wetland habitats, and 


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consequently, over the last 70 years many federal, state, and private programs have been initiated to reduce wetland loss and recover and restore wetland habitats. 

In 1986, the United States, Canada, and Mexico signed the North American Waterfowl Management Plan (NAWMP). NAWMP 

committed the federal government to a cooperative international effort to reverse the declines in waterfowl populations and their wetland habitats. Congress, in recognition of the need to support this 

strategy, enacted the North American Wetlands Conservation Act 

(NAWCA) in 1989. 

NAWCA provides a funding mechanism for cooperative, publicprivate wetlands conservation efforts throughout North America 

which support the goals of NAWMP. Funding for conservation 

projects is drawn from four sources: (1) interest from short-term investment of the Federal Aid in Wildlife Restoration Fund (which 

also contains revenues from taxes on firearms, ammunition, bows, 

and arrows); (2) fines and forfeitures imposed for violations of the 

Migratory Bird Treaty Act; (3) a portion of the Sport Fish Restoration Fund (revenues from excise taxes on fishing and marine recreation-related products); and (4) annual appropriations. 

NAWCA also established a North American Wetlands Conservation Council to oversee the selection of wetland conservation 

projects and distribution of grant funds. The Act specifies that between 30 to 60 percent of the funds available must be spent on 

projects within Canada and Mexico. The remaining 40 to 70 percent must be spent on projects in the United States. Any federal, 

state, local or private organization may apply for a grant. NAWCA 

projects use tools such as fee title ownership, conservation easements, and landowner agreements to ensure long-term (25 years or 

more) wetlands conservation benefits. The Migratory Bird Conservation Commission is required to approve or reject projects recommended for approval by the Council. Conservation 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. Since 

enactment, grant recipients have generated non-federal matching 

contributions at roughly a 4:1 ratio of non-federal to federal dollars. 

The NAWCA competitive matching grant program is popular and 

highly competitive with annual requests for projects far exceeding 

available funds. For fiscal year 2010, a total of $33.4 million in 

funding was approved for 34 wetland conservation projects. Project 

partners are contributing $89.3 million in matching funds to affect 

194,717 acres of habitat, and $28 million in non-matching funds to 

affect an additional 74,310 acres of habitat. Overall, since the first 

wetlands grants were awarded in 1991, over 1,500 grant projects 

have been funded through NAWCA. These grants, involving more 

than 3,000 partners, have invested more than $770 million in federal taxpayer funds and generated more than $2.3 billion in private 

matching contributions. Together, these projects have protected, restored or enhanced some 23 million acres of wetlands and associated uplands in the United States, Canada and Mexico. 

Notwithstanding this record, the recent economic recession in 

North America, combined with existing statutory grant distribution 

and matching fund requirements under NAWCA, have had severe 

negative repercussions for projects in Canada. 


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Partner organizations, particularly Ducks Unlimited which is the 

most significant non-governmental partner in Canada, have been 

unable to generate sufficient non-federal matching contributions to 

meet existing grant obligations, much less pursue new grant applications. In the short-term these circumstances could result in partner organizations defaulting on existing grant agreements. The 

U.S. Fish and Wildlife Service may have to also withdraw grant applications for projects in Canada for the lack of non-federal matching funds which could leave approximately $11 to $15 million 

unspent and unavailable for conservation projects. What appears 

likely is that it will become increasingly more difficult for NAWCA 

to conserve critical wetland habitats located in Canada and to meet 

the goals of NAWMP unless greater flexibility is allowed for grant 

partners to meet their financial obligations. 

H.R. 3433 would amend NAWCA to allow non-U.S. funds to be 

utilized to satisfy non-federal matching contribution requirements 

for conservation projects implemented in Canada. This amendment 

is intended to increase flexibility for grant recipients to meet 

matching requirements by using Canadian funds. 

COMMITTEE ACTION

H.R. 3433 was introduced on July 30, 2009 by Congressman Robert Wittman (R–VA). The bill was referred to the Committee on 

Natural Resources, and within the Committee to the Subcommittee 

on Insular Affairs, Oceans and Wildlife. On September 22, 2009, 

the Subcommittee held a hearing on the bill. 

On September 30, 2009, the Subcommittee was discharged from 

further consideration of H.R. 3433 and the full Natural Resources 

Committee met to consider the bill. The bill was ordered favorably 

reported to the House of Representatives by unanimous consent. 

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. 

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 


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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 amend the North American Wetlands Conservation 

Act to establish requirements regarding payment of the non-Federal share of the costs of wetlands conservation projects in Canada 

that are funded under that 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: 

H.R. 3433—A bill to amend the North American Wetlands Conservation Act to establish requirements regarding payment of 

the nonfederal share of the costs of wetlands conservation 

projects in Canada that are funded under that Act 

H.R. 3433 would authorize the U.S. Fish and Wildlife Service 

(USFWS) to accept contributions from Canada for the nonfederal 

share of funding for projects carried out under the North American 

Wetlands Conservation Act (NAWCA). CBO estimates that enacting H.R. 3433 would not affect the federal budget. 

Under NAWCA, the USFWS makes grants to nonfederal entities 

such as nonprofit organizations for projects to protect migratory 

bird habitat in North America, conduct research and monitoring, 

and provide education. The act requires that up to half of the cost 

of each project, which may be carried out in Canada or Mexico, 

must be contributed by nonfederal sources, and projects in Canada 

must be funded in U.S. dollars. H.R. 3433 would allow a portion 

of the nonfederal funding of NAWCA projects in Canada to be paid 

in Canadian dollars. The bill would not change the amounts authorized to be appropriated under NAWCA (currently, $75 million 

through 2012) or provide any other funding. In 2009, more than 

$40 million was appropriated for the program. 

The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Deborah Reis. The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

EARMARK STATEMENT

H.R. 3433 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9 of rule 

XXI. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 


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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. 8. ALLOCATION OF AMOUNTS AVAILABLE TO CARRY OUT THIS 

ACT. 

(a) * * * 

(b) COST SHARING.—(1) * * * 

* * * * * * * 

ø(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 nonFederal 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.¿ 

(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 Canada or Mexico, the 

non-Federal share of the costs of the project may include cash contributions from non-United States sources that are used to pay costs 

of the project. In the case of a project carried out in Canada, funds 

from Canadian sources may comprise up to 50 percent of the nonFederal share of the costs of the project. 

* * * * * * * 

Æ 


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