II 

Calendar No. 433 

109TH CONGRESS 

2D SESSION H. R. 518 

IN THE SENATE OF THE UNITED STATES 

MAY 17, 2006 

Received; read twice and placed on the calendar 

AN ACT 

To require the Secretary of the Interior to refine the Department of the Interior program for providing assistance 

for the conservation of neotropical migratory birds. 

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 2006’’. 

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 such Act (16 U.S.C. 

4 6102(2)) is amended by inserting ‘‘Canada,’’ after 

5 ‘‘United States,’’. 

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

7 Act (16 U.S.C. 6103) is amended— 

8 (1) by redesignating paragraphs (2) and (3) as 

9 paragraphs (3) and (5), respectively; 

10 (2) by inserting after paragraph (1) the fol11 lowing: 

12 ‘‘(2) CARIBBEAN.—The term ‘Caribbean’ in13 cludes Puerto Rico and the United States Virgin Is14 lands.’’; and 

15 (3) by inserting after paragraph (3), as so re16 designated, the following: 

17 ‘‘(4) FUND.—The term ‘Fund’ means the 

18 Neotropical Migratory Bird Conservation Fund es19 tablished by section 9(a).’’. 

20 (d) AUTHORIZATION OF PROJECTS TO ENHANCE

21 CONSERVATION IN CANADA.—Section 5(c)(2) of such Act 

22 (16 U.S.C. 6104(c)(2)) is amended by inserting ‘‘Can23 ada,’’ after ‘‘the United States,’’. 

24 (e) COST SHARING.—Section 5(e) of such Act (16 

25 U.S.C. 6104(e)) is amended— 


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

2 and inserting ‘‘50 percent’’; and 

3 (2) in paragraph (2) by amending subpara4 graph (B) to read as follows: 

5 ‘‘(B) FORM OF PAYMENT.— 

6 ‘‘(i) PROJECTS IN THE UNITED

7 STATES AND CANADA.—The non-Federal 

8 share required to be paid for a project car9 ried out in the United States or Canada 

10 shall be paid in cash. 

11 ‘‘(ii) PROJECTS IN LATIN AMERICA

12 AND THE CARIBBEAN.—The non-Federal 

13 share required to be paid for a project car14 ried out in Latin America or the Caribbean 

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

16 (f) ADVISORY GROUP.— 

17 (1) COMPOSITION.—Section 7(b)(1) of such Act 

18 (16 U.S.C. 6106(b)(1)) is amended by adding at the 

19 end the following: ‘‘The advisory group as a whole 

20 shall have expertise in the methods and procedures 

21 set forth in section 4(2) in each country and region 

22 of the Western Hemisphere’’. 

23 (2) ENCOURAGEMENT TO CONVENE.—The Sec24 retary of the Interior is encouraged to convene an 

25 advisory group under section 7(b)(1) of such Act by 


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1 not later than 6 months after the effective date of 

2 this Act. This paragraph shall not be considered to 

3 authorize delay of the schedule previously estab4 lished by the United States Fish and Wildlife Serv5 ice for the submission, judging, and awarding of 

6 grants. 

7 (g) REPORT.—Section 8 of such Act (16 U.S.C. 

8 6107) is amended by striking ‘‘October 1, 2002,’’ and in9 serting ‘‘2 years after the date of the enactment of the 

10 Neotropical Migratory Bird Conservation Improvement 

11 Act of 2006’’. 

12 (h) NEOTROPICAL MIGRATORY BIRD CONSERVATION

13 FUND.— 

14 (1) IN GENERAL.—Section 9 of such Act (16 

15 U.S.C. 6108) is amended by striking so much as 

16 precedes subsection (c) and inserting the following: 

17 ‘‘SEC. 9. NEOTROPICAL MIGRATORY BIRD CONSERVATION 

18 FUND. 

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

20 Treasury a separate account, which shall be known as the 

21 ‘Neotropical Migratory Bird Conservation Fund’. The 

22 Fund shall consist of amounts deposited into the Fund 

23 by the Secretary of the Treasury under subsection (b). 

24 ‘‘(b) DEPOSITS INTO THE FUND.—The Secretary of 

25 the Treasury shall deposit into the Fund— 


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

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

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

4 (2) ADMINISTRATIVE EXPENSES.—Section 

5 9(c)(2) of such Act (16 U.S.C. 6108(c)(2)) is 

6 amended by striking ‘‘$80,000’’ and inserting 

7 ‘‘$150,000’’. 

8 (3) CONFORMING AMENDMENTS.—Such Act is 

9 amended further as follows: 

10 (A) In section 4 (16 U.S.C. 6103), by 

11 striking paragraph (1) and inserting the fol12 lowing: 

13 ‘‘(1) FUND.—The term ‘Fund’ means the 

14 Neotropical Migratory Bird Conservation Fund es15 tablished by section 9(a).’’. 

16 (B) In section 9(d) (16 U.S.C. 6108(d)), 

17 by striking ‘‘Account’’ and inserting ‘‘Fund’’. 

18 (4) TRANSFER.—The Secretary of the Treasury 

19 may transfer to the Neotropical Migratory Bird Con20 servation Fund amounts that were in the 

21 Neotropical Migratory Bird Conservation Account 

22 immediately before the enactment of this Act. 

23 (i) AUTHORIZATION OF APPROPRIATIONS.—Section 

24 10 of such Act (16 U.S.C. 6109) is amended to read as 

25 follows: 


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1 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

2 the first sentence; 

3 (2) by striking ‘‘$5,000,000 for each of fiscal 

4 years 2001 through 2005’’ and inserting ‘‘for each 

5 of fiscal years 2006 through 2010 the amount speci6 fied for that fiscal year in subsection (b)’’; and 

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

8 ‘‘(b) AUTHORIZED AMOUNT.—The amount referred 

9 to in subsection (a) is— 

10 ‘‘(1) $5,000,000 for each of fiscal years 2006 

11 and 2007; 

12 ‘‘(2) $5,500,000 for fiscal year 2008; 

13 ‘‘(3) $6,000,000 for fiscal year 2009; and 

14 ‘‘(4) $6,500,000 for fiscal year 2010. 

15 ‘‘(c) AVAILABILITY.—Amounts appropriated under 

16 this section may remain available until expended. 

17 ‘‘(d) ALLOCATION.—Of amounts appropriated under 

18 this section for each fiscal year, not less than 75 percent 

19 shall be expended for projects carried out outside the 

20 United States.’’. 

Passed the House of Representatives May 16, 2006. 

Attest: KAREN L. HAAS, 

Clerk. 


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Calendar No. 433 

109TH CONGRESS 

2D SESSION H. R. 518 

AN ACT 

To require the Secretary of the Interior to refine 

neotropical migratory birds. viding assistance for the conservation of the Department of the Interior program for proMAY 17, 2006 

Received; read twice and placed on the calendar 


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