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[Senate Report 111-111]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 248
111th Congress                                                   Report
                                 SENATE
 1st Session                                                    111-111

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        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, public-private 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.
    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 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.

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.

                                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 bird-watching 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.

               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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