II 

Calendar No. 201 

109TH CONGRESS 

1ST SESSION S. 1410 

[Report No. 109–132] 

To reauthorize the Neotropical Migratory Bird Conservation Act, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 14, 2005 

Mr. CHAFEE (for himself, Mr. JEFFORDS, Mrs. CLINTON, Mr. LAUTENBERG, 

Mr. VOINOVICH, and Mr. CRAPO) introduced the following bill; which was 

read twice and referred to the Committee on Environment and Public 

Works 

SEPTEMBER 6, 2005 

Reported by Mr. INHOFE, without amendment 

A BILL 

To reauthorize the Neotropical Migratory Bird Conservation 

Act, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Neotropical Migratory 

5 Bird Conservation Improvement Act of 2005’’. 
2 

•S 1410 RS

1 SEC. 2. AMENDMENTS TO NEOTROPICAL MIGRATORY BIRD 

2 CONSERVATION ACT. 

3 (a) FINDINGS.—Section 2(1) of the Neotropical Mi4 gratory Bird Conservation Act (16 U.S.C. 6101(1)) is 

5 amended by inserting ‘‘, but breed in Canada and the 

6 United States’’ after ‘‘the Caribbean’’. 

7 (b) PURPOSES.—Section 3(2) of the Neotropical Mi8 gratory Bird Conservation Act (16 U.S.C. 6102(2)) is 

9 amended by inserting ‘‘Canada,’’ after ‘‘United States,’’. 

10 (c) DEFINITION OF CARIBBEAN.—Section 4 of the 

11 Neotropical Migratory Bird Conservation Act (16 U.S.C. 

12 6103) is amended— 

13 (1) by redesignating paragraph (3) as para14 graph (4); 

15 (2) by striking paragraph (1) and inserting the 

16 following: 

17 ‘‘(1) CARIBBEAN.—The term ‘Caribbean’ in18 cludes Puerto Rico and the United States Virgin Is19 lands.’’; and 

20 (3) by inserting after paragraph (2) the fol21 lowing: 

22 ‘‘(3) FUND.—The term ‘Fund’ means the 

23 Neotropical Migratory Bird Conservation Fund es24 tablished by section 9(a).’’. 

25 (d) PROJECT PROPOSALS.—Section 5(c)(2) of the 

26 Neotropical Migratory Bird Conservation Act (16 U.S.C. 
3 

•S 1410 RS

1 6104(c)(2)) is amended by inserting ‘‘Canada,’’ after 

2 ‘‘United States,’’. 

3 (e) COST SHARING.—Section 5(e) of the Neotropical 

4 Migratory Bird Conservation Act (16 U.S.C. 6104(e)) is 

5 amended— 

6 (1) in paragraph (1), by striking ‘‘25 percent’’ 

7 and inserting ‘‘50 percent’’; and 

8 (2) in paragraph (2), by striking subparagraph 

9 (B) and inserting the following: 

10 ‘‘(B) FORM OF PAYMENT.— 

11 ‘‘(i) PROJECTS IN THE UNITED

12 STATES AND CANADA.—The non-Federal 

13 share required to be paid for a project car14 ried out in the United States or Canada 

15 shall be paid in cash. 

16 ‘‘(ii) PROJECTS IN LATIN AMERICA

17 AND THE CARIBBEAN.—The non-Federal 

18 share required to be paid for a project car19 ried out in Latin America or the Caribbean 

20 may be paid in cash or in kind.’’. 

21 (f) REPORT.—Section 8 of the Neotropical Migratory 

22 Bird Conservation Act (16 U.S.C. 6107) is amended— 

23 (1) by striking ‘‘October 1, 2002,’’ and insert24 ing ‘‘2 years after the date of enactment of the 
4 

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1 Neotropical Migratory Bird Conservation Improve2 ment Act of 2005,’’; 

3 (2) by striking ‘‘this Act, including rec4 ommendations’’ and inserting ‘‘this Act that in5 cludes— 

6 ‘‘(1) recommendations’’; 

7 (3) by striking the period at the end and insert8 ing ‘‘; and’’; and 

9 (4) by adding at the end the following: 

10 ‘‘(2) a description of the activities of the advi11 sory group convened under section 7(b).’’. 

12 (g) NEOTROPICAL MIGRATORY BIRD CONSERVATION

13 FUND.— 

14 (1) IN GENERAL.—Section 9 of the Neotropical 

15 Migratory Bird Conservation Act (16 U.S.C. 6108) 

16 is amended— 

17 (A) by striking the section heading and all 

18 that follows through subsection (b) and insert19 ing the following: 

20 ‘‘SEC. 9. NEOTROPICAL MIGRATORY BIRD CONSERVATION 

21 FUND. 

22 ‘‘(a) ESTABLISHMENT.—There is established in the 

23 Treasury a separate account to be known as the 

24 ‘Neotropical Migratory Bird Conservation Fund’, which 
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1 shall consist of amounts deposited in the Fund by the Sec2 retary of the Treasury under subsection (b). 

3 ‘‘(b) DEPOSITS IN THE FUND.—The Secretary of the 

4 Treasury shall deposit into the Fund— 

5 ‘‘(1) all amounts received by the Secretary in 

6 the form of donations under subsection (d); and 

7 ‘‘(2) other amounts appropriated to the Fund.’’; 

8 and 

9 (B) in subsections (c) and (d), by striking 

10 ‘‘Account’’ each place it appears and inserting 

11 ‘‘Fund’’. 

12 (2) ADMINISTRATIVE EXPENSES.—Section 

13 9(c)(2) of the Neotropical Migratory Bird Conserva14 tion Act (16 U.S.C. 6108(c)(2)) is amended by 

15 striking ‘‘$80,000’’ and inserting ‘‘$150,000’’. 

16 (3) TRANSFER.—The Secretary of the Treasury 

17 shall transfer to the Neotropical Migratory Bird 

18 Conservation Fund amounts that were in the 

19 Neotropical Migratory Bird Conservation Account 

20 immediately before the date of enactment of this 

21 Act. 

22 (h) AUTHORIZATION OF APPROPRIATIONS.—Section 

23 10 of the Neotropical Migratory Bird Conservation Act 

24 (16 U.S.C. 6109) is amended to read as follows: 
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1 ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘(a) IN GENERAL.—There are authorized to be ap3 propriated to the Fund to carry out this Act— 

4 ‘‘(1) $5,000,000 for each of fiscal years 2006 

5 and 2007; 

6 ‘‘(2) $8,000,000 for fiscal year 2008; and 

7 ‘‘(3) $10,000,000 for each of fiscal years 2009 

8 and 2010. 

9 ‘‘(b) AVAILABILITY.—Amounts made available under 

10 this section shall remain available until expended. 

11 ‘‘(c) ALLOCATION.—Of amounts made available 

12 under this section for a fiscal year, not less than 75 per13 cent shall be expended for projects carried out outside the 

14 United States.’’. 

Calendar No. 201 

109TH CONGRESS 

1ST SESSION S. 1410 

[Report No. 109–132] 

A BILL 

To reauthorize the Neotropical Migratory Bird 

Conservation Act, and for other purposes. 

SEPTEMBER 6, 2005 

Reported without amendment