89–010 

Calendar No. 248 

111TH CONGRESS REPORT " ! SENATE 1st Session 111–111 

JOINT VENTURES FOR BIRD HABITAT CONSERVATION 

ACT OF 2009 

DECEMBER 21 (legislative day, DECEMBER 20), 2009.—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 H.R. 2188] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Environment and Public Works, to which was 

referred a bill (H.R 2188) to authorize the Secretary of the Interior, 

through the United States Fish and Wildlife Service, to conduct a 

Joint Venture Program to protect, restore, enhance, and manage 

migratory bird populations, their habitats, and the ecosystems they 

rely on, through voluntary actions on public and private lands, and 

for other purposes, having considered the same, reports favorably 

thereon without amendment and recommends that the bill do pass. 

GENERAL STATEMENT AND BACKGROUND

Multiple factors, including drought and wetlands loss, damaged 

the habitat of waterfowl and by the mid-1980’s resulted in a waterfowl population in crisis. The United States and Canadian governments recognized intervention was necessary to protect waterfowl 

habitat and developed the North American Waterfowl Management 

Plan (NAWMP). The scope of the conservation effort needed to conserve these waterfowl exceeded the capacity of the efforts of the 

federal government’s alone. The concept of joint ventures, publicprivate partnerships working together to conserve the continent’s 

waterfowl, were developed as a way to bring an array of partners 

together to address this challenge. A variety of other bird species, 

including shorebirds, landbirds, and other waterbirds were integrated into the joint venture planning processes and conservation 

efforts. 


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Currently there are 18 habitat-based joint venture partnerships 

at work across the United States, ranging from long-established 

joint ventures to those in various stages of development. There are 

also three species-based joint ventures (arctic goose, black duck and 

sea duck), and four habitat-based joint ventures presently operating in Canada (Canadian Intermountain Joint Venture; Eastern 

Habitat Joint Venture; Pacific Coast Joint Venture; and, Prairie 

Habitat Joint Venture). The Canadian Joint Ventures are not subject to the terms of this legislation. 

To ensure a logical and coordinated approach to the development 

and support of joint ventures, the United States Fish and Wildlife 

Service defined the term ‘‘joint venture’’ in Director’s Order Number 146 as: 

A self-directed partnership of agencies, organizations, 

corporations, tribes, or individuals that has formally accepted the responsibility of implementing national or international bird conservation plans within a specific geographic area or for a specific taxonomic group, and has received general acceptance in the bird conservation community for such responsibility. 

Joint ventures conduct a comprehensive suite of activities in support of bird conservation goals cooperatively developed within each 

respective partnership. These activities include biological planning, 

conservation design, project development and implementation, 

monitoring, evaluation, applied research, communications and outreach, and fund-raising. Joint venture activities, while primarily 

developed to support the goals of NAWMP, commonly fulfill the 

goals and obligations of the United States under a variety of other 

international treaties, agreements and initiatives that govern migratory bird resources. 

The Fish and Wildlife Service supports recognized joint ventures 

by funding a full-time joint venture coordinator and associated 

costs for program infrastructure. Consistent with the partnership, 

the Service encourages contribution from other federal and state 

agencies, conservation organizations and private interests, but does 

not fund all facets of joint venture efforts. To date, joint ventures 

have invested $4.5 billion to conserve 15.7 million acres of habitat. 

The Atlantic Coast Joint Venture (ACJV) is a good example of 

the breadth and scope of joint ventures. Stretching from Maine to 

Puerto Rico, the ACJV is focused on conservation of habitat for native birds in the Atlantic Flyway, which spans over 283 million 

acres and where more than 600 native bird species breed, migrate 

and winter. The mission of the ACJV is to provide a forum for federal, state, regional and local partners to coordinate and improve 

the effectiveness of bird conservation planning and implementation 

throughout the entire Atlantic Flyway. Since its inception in 1988, 

the ACJV has protected, restored or enhanced 4,233,300 acres of 

critical bird habitat, and the ACJV and its partners have supported 

research projects to address some of their most pressing needs. 

H.R. 2188 provides statutory authorization for this successful 

continent-wide conservation program that encourages a broad, 

landscape-approach to the conservation of bird habitat. The bill, as 

introduced and reported by the committee, fully incorporates the 

voluntary, partnership-oriented approach to habitat conservation 


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that make joint ventures flexible, adaptive, innovative and effective 

in conserving and protecting bird habitats in North America. 

OBJECTIVES OF THE LEGISLATION

The purpose of H.R. 2188 is to authorize the Secretary of the Interior, through the United States Fish and Wildlife Service, to conduct a Joint Venture Program to protect, restore, enhance, and 

manage migratory bird populations, their habitats, and the ecosystems they rely on, through voluntary actions on public and private lands, and for other purposes. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 provides that this bill may be cited as the ‘‘Joint Ventures for Bird Habitat Conservation Act of 2009.’’ 

Section 2. Findings and purpose 

Section 2 provides the general purpose of the bill, along with several findings which: recognize the economic and environmental importance of migratory bird populations; acknowledge the responsibilities of the federal government, including international treaty 

obligations, and the role of the states in conserving this resource; 

and, appreciate the demonstrated value of voluntary partnerships, 

including Joint Ventures, in implementing effective landscape level 

bird conservation strategies. 

Section 3. Definitions 

Section 3 provides definitions for several terms used throughout 

the bill. 

Section 4. Joint Ventures Program 

Section 4 authorizes the Secretary of the Interior (Secretary) to 

conduct, through the U.S. Fish and Wildlife Service, a Joint Ventures Program administered by the Director of the Service (Director). The Director shall develop an administrative framework for 

the Program, including the approval, establishment and implementations of Joint Ventures, to ensure that the Program complements 

and supports the activities of the Secretary under multiple bird 

conservation statutes, treaties and strategies. 

Section 5. Joint Venture establishment and administration 

Section 5 authorizes the Director to enter into agreements with 

eligible partners, as defined in this section, to establish Joint Ventures. All Joint Ventures are required to have Management Boards 

of diverse membership operating under organization and operations 

plans. Each Joint Venture is required to develop an Implementation Plan to be approved by the Director which details the strategic 

framework for the long-term conservation agenda for the Joint 

Venture. All Implementation Plans shall be circulated for public review and comment and shall be approved by the Director if the 

Plan fulfills all criteria for approval. 


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Section 6. Grants and other assistance 

Section 6 authorizes the Director to award financial grants or 

provide technical assistance to support approved Joint Ventures. 

Financial support may be used by Joint Ventures for administrative and management activities or to implement conservation 

projects. The Director is required to develop grant program guidelines within 180 days after date of enactment of this Act. For 

projects of equal conservation value, Management Boards are to 

give priority to projects that provide non-federal matching contributions equal to or in excess of the federal grant amount. The Secretary is authorized to accept gifts, donations and in-kind contributions in order to provide assistance. 

Section 7. Reporting requirements 

Section 7 requires all Joint Venture Management Boards to report annually to the Director on all activities undertaken during 

the preceding year, including amounts spent on administrative expenses and conservation projects, and the status of progress to 

meet the goals and objectives of related Implementation Plans. The 

Secretary, through the Director, shall be required to complete a 

comprehensive review of the Program beginning five years after 

date of enactment and every five years thereafter. These five-year 

reviews shall be subject to public review and comment. 

Section 8. Treatment of existing Joint Ventures 

Section 8 considers all Joint Ventures and all approved Implementation Plans in existence prior to the date of enactment of this 

Act, to be approved under this Act. 

Section 9. Relationship to other authorities 

Section 9 assures that nothing in this Act would affect other authorities, responsibilities or powers of the Secretary of the Interior 

or preempt any State authority relating to the management of fish 

and wildlife. 

Section 10. Federal Advisory Committee Act 

Section 10 states that the Federal Advisory Committee Act would 

not apply to the activities of Joint Ventures. 

LEGISLATIVE HISTORY

H.R. 2188 was introduced in the House of Representatives on 

April 30, 2009 by Representative Frank Kratovil, Jr. (D–MD). The 

bill was referred to the Committee on Natural Resources, and within the Committee to the Subcommittee on Insular Affairs, Oceans 

and Wildlife. The bill, as amended, was ordered favorably reported 

to the House of Representatives by unanimous consent. The House 

of Representatives passed H.R. 2188 on July 16, 2009 with a roll 

call vote of 400–0. 

H.R. 2188 was referred to the Senate Committee on Environment 

and Public Works on July 20, 2009. The Subcommittee on Water 

and Wildlife held a legislative hearing to consider a number of 

wildlife bills, including H.R. 2188, on December 3, 2009. The bill 

was ordered to be reported without amendment favorably by the 

full committee on December 10, 2009. 


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HEARINGS

The Senate Committee Environment and Public Works, Subcommittee on Water and Wildlife, held a legislative hearing on December 3, 2009 to consider a number of wildlife bills including H.R. 

2188, The Joint Ventures for Bird Habitat Conservation Act of 

2009. At the hearing, U.S. Fish and Wildlife Service Deputy Director Dan Ashe testified that the Administration supported the legislation. He provided the Subcommittee with a brief history of the 

Joint Venture programs currently in operation. Eric C. Schwaab, 

Deputy Secretary, Maryland Department of Natural Resources, 

also testified at the December 3 hearing in support of the legislation. Schwaab testified on behalf of both his State and the national 

Association of Fish and Wildlife Agencies. He cited the 2006 National Survey of Fishing, Hunting, and Wildlife Associated Recreation report which estimated the number of people that observe 

birds in the U.S. at 47.7 million. The 2002 national survey on birdwatching in the United States estimated that while watching birds, 

and other wildlife in 2001, the public generated $85 billion in overall economic output (about 1% of GDP), $32 billion in retail sales, 

and $13 billion in state and federal income taxes. The 2006 national survey estimated about 2.3 million migratory bird hunters 

who spent approximately $1.3 billion in 2006. Schwaab noted the 

importance of Joint Ventures in supporting this important part of 

the American economy. Finally, Robert L. Bendick, Director of Government Relations for The Nature Conservancy, also testified in 

support of the legislation. The Chairman entered letters in support 

of the legislation from 30 organizations into the record. 

The full Committee on Environment and Public Works met to 

consider H.R. 2188 on December 10, 2009. The Chairman of the 

Subcommittee and the Chairman of the Full Committee noted the 

strong support for the bill and recounted its main provisions. The 

bill was reported favorably by voice vote. 

ROLLCALL VOTES

The Committee on Environment and Public Works met to consider H.R. 2188 on December 10, 2009. The bill was ordered favorably reported 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 H.R. 2188 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 finds that H.R. 2188 would not 

impose intergovernmental or private-sector mandates on State, 

local, or tribal governments. 


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CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

DECEMBER 15, 2009. 

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 H.R. 2188, the Joint Ventures for Bird Habitat Conservation Act of 2009. 

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. 

H.R. 2188—Joint Ventures for Bird Habitat Conservation Act of 

2009 

H.R. 2188 would authorize the United States Fish and Wildlife 

Service to enter into joint ventures with public and private stakeholders to promote the conservation of migratory birds. The bill 

also would codify the mechanisms used to establish and support 

joint ventures, such as allowing federal agencies to provide personnel to assist them. Finally, the legislation would authorize the 

Fish and Wildlife Service to award grants, subject to the availability of appropriations, to provide financial assistance to joint 

ventures. 

Based on information from the Fish and Wildlife Service, CBO 

estimates that H.R. 2188 would have a negligible effect on the federal budget because a similar program currently exists. Roughly 

$14 million was appropriated for that program in 2010. 

H.R. 2188 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no cost on state, local, or tribal governments. Those governments would benefit from technical and financial assistance for 

conservation activities related to migratory birds. Any costs to 

those governments would be incurred voluntarily as a condition of 

receiving federal assistance. 

On June 26, 2009, CBO transmitted a cost estimate for H.R. 

2188, the Joint Ventures for Bird Habitat Conservation Act of 

2009, as ordered reported by the House Committee on Natural Resources on June 10, 2009. The two versions of the legislation are 

similar, and the CBO cost estimates are the same. 

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

for Budget Analysis. 

CHANGES IN EXISTING LAW

Section 12 of rule XXVI of the Standing Rules of the Senate requires the committee to publish changes in existing law made by 

the bill as reported. Passage of this bill will make no changes to 

existing law. 

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