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[Senate Report 115-350]
[From the U.S. Government Publishing Office]

                                                  Calendar No. 580
115th Congress      }                        {                Report
                                 SENATE
 2d Session         }                        {               115-350

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

 
            MIGRATORY BIRDS OF THE AMERICAS CONSERVATION ACT

                                _______
                                

               November 13, 2018.--Ordered to be printed

                                _______
                                

   Mr. Barrasso, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1537]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 1537) to amend the Neotropical Migratory 
Bird Conservation Act to reauthorize the Act, having considered 
the same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                    General Statement and Background

    Neotropical migratory birds are bird species that breed in 
North America and winter in the tropics. Some of these species 
are federally listed as threatened or endangered under the 
Endangered Species Act, and many are popular for bird watching. 
These birds also play an important role in pest control and 
pollination for agriculture.
    The Neotropical Migratory Bird Conservation Act (NMBCA) 
provides grants to support conservation of migratory bird 
populations and fosters international cooperation for 
initiatives that will maintain healthy bird populations. Since 
2002, the Act has provided over $66 million in grant funding, 
along with $250 million in matching funds from public and 
private partners--a match ratio of 3.8 to 1. These funds have 
gone to 570 projects in 36 countries and have benefited 
hundreds of species that breed in North America and live during 
the winter in Mexico, Central America, the Caribbean, or South 
America. According to the U.S. Fish and Wildlife Service, 
projects funded through the NMCBA have benefited over 4.5 
million acres of bird habitat.
    Congress originally enacted the Neotropical Migratory Bird 
Conservation Act in 2000 and reauthorized it in 2006. The 
authorization level was $5 million for each of fiscal years 
2006 and 2007, $5.5 million for fiscal year 2008, $6 million 
for fiscal year 2009, and $6.5 million for fiscal year 2010.

                     Objectives of the Legislation

    The objective of this legislation is to reauthorize 
appropriations for the Neotropical Migratory Bird Conservation 
Act and to ensure that three-quarters of the appropriated funds 
go to conservation projects located outside the United States.

                      Section-by-Section Analysis

Section 1. Short title

    This section states that this Act may be cited as the 
``Migratory Birds of the Americas Conservation Act''.

Section 2. Reauthorization of Neotropical Migratory Bird Conservation 
        Act

    Subsection (a) amends section 10 of the Neotropical 
Migratory Bird Conservation Act (16 U.S.C. 6109) by authorizing 
$6.5 million in appropriations to carry out the Act for each of 
fiscal years 2019 through 2023.
    Subsection (b) requires that at least 75 percent of the 
funds made available under subsection (a) be used for projects 
carried out at a location outside the United States.

                          Legislative History

    S. 1537, the Migratory Birds of the Americas Conservation 
Act, was introduced by Senators Cardin, Carper, Coons, 
Feinstein, Franken, Leahy, Nelson, Portman, Udall, and Van 
Hollen on July 12, 2017. The bill was referred to the Committee 
on Environment and Public Works. The bill was subsequently 
cosponsored by Senators Markey, Merkley, and Whitehouse. The 
Committee ordered S. 1537 to be reported favorably on September 
18, 2018.

                                Hearings

    On July 19, 2017, the Committee on Environment and Public 
Works held an oversight hearing entitled, ``Legislative Hearing 
on S. 1514, the Hunting Heritage and Environmental Legacy 
Preservation (HELP) for Wildlife Act.'' Section 6 of S. 1514 
included substantially similar legislative language to that of 
S. 1537.

                             Rollcall Votes

    On September 18, 2018, the Committee conducted a business 
meeting to consider S. 1537. The Committee ordered the bill to 
be 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. 1537 
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 notes that the Congressional 
Budget Office found that S. 1537 contains no intergovernmental 
or private-sector mandates as defined in UMRA and would impose 
no costs on state, local, or tribal governments.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report, if available. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 21, 2018.
Hon. John Barrasso,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1537, the Migratory 
Birds of the Americas Conservation Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Janani 
Shankaran.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

S. 1537--Migratory Birds of the Americas Conservation Act

    S. 1537 would authorize the appropriation of $6.5 million a 
year through 2023 for the U.S. Fish and Wildlife Service 
(USFWS) to provide grants for the conservation of neotropical 
migratory birds. In 2018, the USFWS received appropriations 
totaling $4 million to carry out that program. As shown in the 
following table and based on historical spending patterns, CBO 
estimates that implementing S. 1537 would cost $29 million over 
the 2019-2023 period, assuming appropriation of the authorized 
amounts. The costs of the legislation fall within budget 
function 300 (natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                         By fiscal year, in millions of dollars----
                                          ----------------------------------------------------------------------
                                             2018      2019      2020      2021      2022      2023    2019-2023
----------------------------------------------------------------------------------------------------------------
                                 INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Authorization Level......................         0         7         7         7         7         7         33
Estimated Outlays........................         0         4         6         7         7         7         29
----------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding.

    Enacting the bill would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting S. 1537 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2029.
    S. 1537 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    On September 8, 2017, CBO transmitted a cost estimate for 
S. 1514, the HELP for Wildlife Act, as ordered reported by the 
Senate Committee on Environment and Public Works on July 26, 
2017. Section 6 of S. 1514 is similar to S. 1537 and CBO's 
estimates of the budgetary effects are the same.
    The CBO staff contact for this estimate is Janani 
Shankaran. The estimate was approved by H. Samuel Papenfuss, 
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:

           *       *       *       *       *       *       *

Neotropical Migratory Bird Conservation Act

           *       *       *       *       *       *       *

[SEC. 10. [16 U.S.C. 6109] AUTHORIZATION OF APPROPRIATIONS.

  [(a) In General.--There is authorized to be appropriated to 
the Account to carry out this Act for each of fiscal years 2006 
through 2010 the amount specified for that fiscal year in 
subsection (b), 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.
  [(b) Authorized Amount.-- The amount referred to in 
subsection (a) is--
          [(1) $5,000,000 for each of fiscal years 2006 and 
        2007;
          [(2) $5,500,000 for fiscal year 2008;
          [(3) $6,000,000 for fiscal year 2009; and
          [(4) $6,500,000 for fiscal year 2010.
  [(c) Availability.--Amounts appropriated under this section 
may remain available until expended.
  [(d) Allocation.--Of amounts appropriated under this section 
for each fiscal year, not less than 75 percent shall be 
expended for projects carried out outside the United States.]

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There is authorized to be appropriated to 
carry out this Act $6,500,000 for each of fiscal years 2019 
through 2023.
  (b) Use of Funds.--Of the amounts made available under 
subsection (a) for each fiscal year, not less than 75 percent 
shall be expended for projects carried out at a location 
outside of the United States.

           *       *       *       *       *       *       *

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