89–010 

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 

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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Congress originally enacted the Neotropical Migratory Bird Conservation Act in 2000 and reauthorized it in 2006.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. 

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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. 

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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 øblack brackets¿, new matter is printed in italic, existing 

law in which no change is proposed is shown in roman: 

* * * * * * * 

Neotropical Migratory Bird Conservation Act 

* * * * * * * 

øSEC. 10. ø16 U.S.C. 6109¿ AUTHORIZATION OF APPROPRIATIONS. 

ø(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. 

ø(b) AUTHORIZED AMOUNT.— The amount referred to in subsection (a) is— 

ø(1) $5,000,000 for each of fiscal years 2006 and 2007; 

ø(2) $5,500,000 for fiscal year 2008; 

ø(3) $6,000,000 for fiscal year 2009; and 

ø(4) $6,500,000 for fiscal year 2010. 

ø(c) AVAILABILITY.—Amounts appropriated under this section 

may remain available until expended. 

ø(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 exVerDate Sep 11 2014 00:01 Nov 18, 2018 Jkt 089010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR350.XXX SR350
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pended for projects carried out at a location outside of the United 

States. 

* * * * * * * 

Æ