II 

109TH CONGRESS 

1ST SESSION S. 1410 

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 

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’’. 

6 SEC. 2. AMENDMENTS TO NEOTROPICAL MIGRATORY BIRD 

7 CONSERVATION ACT. 

8 (a) FINDINGS.—Section 2(1) of the Neotropical Mi9 gratory Bird Conservation Act (16 U.S.C. 6101(1)) is 
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1 amended by inserting ‘‘, but breed in Canada and the 

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

3 (b) PURPOSES.—Section 3(2) of the Neotropical Mi4 gratory Bird Conservation Act (16 U.S.C. 6102(2)) is 

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

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

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

8 6103) is amended— 

9 (1) by redesignating paragraph (3) as para10 graph (4); 

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

12 following: 

13 ‘‘(1) CARIBBEAN.—The term ‘Caribbean’ in14 cludes Puerto Rico and the United States Virgin Is15 lands.’’; and 

16 (3) by inserting after paragraph (2) the fol17 lowing: 

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

19 Neotropical Migratory Bird Conservation Fund es20 tablished by section 9(a).’’. 

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

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

23 6104(c)(2)) is amended by inserting ‘‘Canada,’’ after 

24 ‘‘United States,’’. 
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1 (e) COST SHARING.—Section 5(e) of the Neotropical 

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

3 amended— 

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

5 and inserting ‘‘50 percent’’; and 

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

7 (B) and inserting the following: 

8 ‘‘(B) FORM OF PAYMENT.— 

9 ‘‘(i) PROJECTS IN THE UNITED

10 STATES AND CANADA.—The non-Federal 

11 share required to be paid for a project car12 ried out in the United States or Canada 

13 shall be paid in cash. 

14 ‘‘(ii) PROJECTS IN LATIN AMERICA

15 AND THE CARIBBEAN.—The non-Federal 

16 share required to be paid for a project car17 ried out in Latin America or the Caribbean 

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

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

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

21 (1) by striking ‘‘October 1, 2002,’’ and insert22 ing ‘‘2 years after the date of enactment of the 

23 Neotropical Migratory Bird Conservation Improve24 ment Act of 2005,’’; 
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1 (2) by striking ‘‘this Act, including rec2 ommendations’’ and inserting ‘‘this Act that in3 cludes— 

4 ‘‘(1) recommendations’’; 

5 (3) by striking the period at the end and insert6 ing ‘‘; and’’; and 

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

8 ‘‘(2) a description of the activities of the advi9 sory group convened under section 7(b).’’. 

10 (g) NEOTROPICAL MIGRATORY BIRD CONSERVATION

11 FUND.— 

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

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

14 is amended— 

15 (A) by striking the section heading and all 

16 that follows through subsection (b) and insert17 ing the following: 

18 ‘‘SEC. 9. NEOTROPICAL MIGRATORY BIRD CONSERVATION 

19 FUND. 

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

21 Treasury a separate account to be known as the 

22 ‘Neotropical Migratory Bird Conservation Fund’, which 

23 shall consist of amounts deposited in the Fund by the Sec24 retary of the Treasury under subsection (b). 
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1 ‘‘(b) DEPOSITS IN THE FUND.—The Secretary of the 

2 Treasury shall deposit into the Fund— 

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

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

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

6 and 

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

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

9 ‘‘Fund’’. 

10 (2) ADMINISTRATIVE EXPENSES.—Section 

11 9(c)(2) of the Neotropical Migratory Bird Conserva12 tion Act (16 U.S.C. 6108(c)(2)) is amended by 

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

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

15 shall transfer to the Neotropical Migratory Bird 

16 Conservation Fund amounts that were in the 

17 Neotropical Migratory Bird Conservation Account 

18 immediately before the date of enactment of this 

19 Act. 

20 (h) AUTHORIZATION OF APPROPRIATIONS.—Section 

21 10 of the Neotropical Migratory Bird Conservation Act 

22 (16 U.S.C. 6109) is amended to read as follows: 

23 ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

24 ‘‘(a) IN GENERAL.—There are authorized to be ap25 propriated to the Fund to carry out this Act— 
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1 ‘‘(1) $5,000,000 for each of fiscal years 2006 

2 and 2007; 

3 ‘‘(2) $8,000,000 for fiscal year 2008; and 

4 ‘‘(3) $10,000,000 for each of fiscal years 2009 

5 and 2010. 

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

7 this section shall remain available until expended. 

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

9 under this section for a fiscal year, not less than 75 per10 cent shall be expended for projects carried out outside the 

11 United States.’’. 

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