II

Calendar No. 521

105TH CONGRESS

2D SESSION S. 1970

[Report No. 105–284]

To require the Secretary of the Interior to establish a program to provide

assistance in the conservation of neotropical migratory birds.

IN THE SENATE OF THE UNITED STATES

APRIL 22, 1998

Mr. ABRAHAM (for himself, Mr. DASCHLE, Mr. ALLARD, Mr. LUGAR, Mr.

BINGAMAN, and Mr. LIEBERMAN) introduced the following bill; which was

read twice and referred to the Committee on Environment and Public

Works

JULY 31, 1998

Reported by Mr. CHAFEE, with amendments

[Omit the part struck through and insert the part printed in italic]

A BILL

To require the Secretary of the Interior to establish a program to provide assistance in 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,
2

•S 1970 RS

1 SECTION 1. SHORT TITLE.

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

3 Bird Conservation Act’’.

4 SEC. 2. FINDINGS.

5 Congress finds that—

6 (1)(A) birds constitute one of the most widely

7 recognized and appreciated components of North

8 American wildlife;

9 (B) approximately 25,000,000 Americans travel

10 to observe birds; and

11 (C) more than 60,000,000 adult Americans

12 watch and feed birds at home;

13 (2) birds—

14 (A) are key indicators of environmental

15 health;

16 (B) play important roles in plant polli17 nation and seed dispersal;

18 (C) serve as critical links in the food web;

19 and

20 (D) maintain the health of the environ21 ment.

22 (3)(A) healthy bird populations provide impor23 tant economic benefits, such as control of noxious

24 insects on agricultural crops, thereby preventing

25 hundreds of millions of dollars in economic losses

26 each year to farming and timber interests; and
3

•S 1970 RS

1 (B) more than $20,000,000,000 is spent in the

2 United States each year on watching and feeding

3 birds;

4 (4)(A) despite their irreplaceable value, many

5 North American bird species, once considered com6 mon, are in decline;

7 (B) 90 North American bird species are listed

8 as endangered or threatened in the United States;

9 (C) another 124 North American bird species

10 are of high conservation concern; and

11 (D) Mexico’s Secretariat of Environment, Natu12 ral Resources and Fisheries lists approximately 390

13 bird species as being endangered, threatened, vulner14 able, or rare;

15 (5)(A) of the nearly 800 bird species known to

16 occur in the United States, approximately 500 mi17 grate among nations;

18 (B) the large majority of those species, the

19 neotropical migrants, winter in Latin America and

20 the Caribbean; and

21 (C) neotropical migrants in particular have re22 ceived much attention because of their population

23 declines;
4

•S 1970 RS

1 (6)(A) the primary reason for the declines is

2 habitat loss and degradation (including pollution and

3 contamination);

4 (B) because neotropical migrants range across

5 numerous international borders each year, their con6 servation requires that safeguards be established at

7 both ends of the migration routes, as well as at criti8 cal stopover areas along the way; and

9 (C) establishing such safeguards necessitates

10 the joint commitment and effort of all nations that

11 support those species, as well as all levels of society;

12 and

13 (7)(A) numerous initiatives exist to conserve mi14 gratory birds, including Partners in Flight, the West15 ern Hemisphere Shorebird Reserve Network, the North

16 American Waterfowl Management Plan, and monitor17 ing action plans and conservation plans for water

18 birds, marsh birds, and raptors; and

19 (B) those initiatives can be significantly

20 strengthened and enhanced by coordination of their

21 efforts to protect habitat shared by migratory birds;

22 and

23 (7) (8) this Act constitutes an effort on the part

24 of the United States to adopt appropriate measures
5

•S 1970 RS

1 for the protection of migratory birds in collaboration

2 with—

3 (A) neighboring nations that are parties to

4 the Convention Respecting Nature Protection

5 and Wildlife Preservation in the Western Hemi6 sphere, done at the Pan American Union,

7 Washington, October 12, 1940 (56 Stat. 1354);

8 and

9 (B) States, conservation organizations, cor10 porations and business interests, and other pri11 vate entities. ; and

12 (C) other initiatives to conserve migratory

13 birds throughout the Americas, by serving as a

14 link among those initiatives.

15 SEC. 3. PURPOSES.

16 The purposes of this Act are—

17 (1) to assist in the conservation of neotropical

18 migratory birds by supporting neotropical migratory

19 bird conservation programs in Latin America and

20 the Caribbean Latin America, the Caribbean, and the

21 United States with a focus on reversing habitat loss

22 and degradation;

23 (2) to promote partnerships between Federal,

24 State, and nongovernmental entities in the United
6

•S 1970 RS

1 States in the conservation of neotropical migratory

2 birds;

3 (3) to foster active governmental and non4 governmental participation in neotropical migratory

5 bird conservation by cooperating countries through6 out Latin America and the Caribbean;

7 (4) to promote circumstances under which the

8 conservation of neotropical migratory birds in Latin

9 America and the Caribbean may be carried out en10 tirely by local entities;

11 (5) to provide financial resources for projects

12 that support neotropical migratory bird conserva13 tion; and

14 (6) to promote the effective conservation of

15 neotropical migratory birds in the Western Hemi16 sphere through collaboration at all levels of society.

17 SEC. 4. CONSERVATION ASSISTANCE.

18 (a) IN GENERAL.—The Secretary of the Interior, act19 ing through the Director of the United States Fish and

20 Wildlife Service (referred to in this Act as the ‘‘Sec21 retary’’), shall establish a program to provide financial as22 sistance for projects to promote the conservation of

23 neotropical migratory birds.
7

•S 1970 RS

1 (b) PROJECT APPLICANTS.—An entity that is eligible

2 to receive financial assistance for a project under this Act

3 is an entity that—

4 (1) is—

5 (A) a Federal, State, or local governmental

6 entity of the United States;

7 (B) a United States nongovernmental or8 ganization, corporation or business interest, or

9 other private entity;

10 (C) a governmental or nongovernmental

11 organization, corporation or business interest,

12 or other private entity in Latin America or the

13 Caribbean; or

14 (D) an international organization that is

15 dedicated to achieving the purposes of this Act;

16 and

17 (2) submits a project proposal to the Secretary.

18 (c) PROJECT PROPOSALS.—Each project proposal

19 shall—

20 (1) demonstrate that the project will enhance

21 the conservation of neotropical migratory birds in

22 Latin America or the Caribbean Latin America, the

23 Caribbean, or the United States by focusing on re24 versing habitat loss and degradation;
8

•S 1970 RS

1 (2) include mechanisms to ensure adequate

2 local public participation in project development and

3 implementation;

4 (3) contain assurances that the project will be

5 implemented in consultation with appropriate local

6 and other government officials with jurisdiction over

7 the resources addressed by the project;

8 (4) demonstrate sensitivity to local historic and

9 cultural resources and comply with applicable laws;

10 and

11 (5) provide any other information that the Sec12 retary considers to be necessary for evaluating the

13 proposal.

14 (d) PROJECT SUSTAINABILITY.—To the maximum

15 extent practicable, each project shall aim to support or es16 tablish such structures as are necessary to ensure achieve17 ment of conservation objectives specified in this Act, in18 cluding the long-term operation and maintenance of the

19 project by local entities in the country in which the project

20 is carried out.

21 (e) COST SHARING.—

22 (1) FEDERAL SHARE.—The Federal share of

23 the cost of each project shall be not greater than 33

24 percent.

25 (2) NON-FEDERAL SHARE.—
9

•S 1970 RS

1 (A) PAYMENT BY UNITED STATES AND

2 INTERNATIONAL ENTITIES.—Not less than 50

3 percent of the non-Federal share required to be

4 paid for each project shall be paid, in cash,

5 by—

6 (i) United States nongovernmental or7 ganizations;

8 (ii) international nongovernmental or9 ganizations;

10 (iii) States of the United States and

11 other United States non-Federal entities;

12 and

13 (iv) corporations, business interests,

14 and other private entities.

15 (B) PAYMENT BY LOCAL ENTITIES.—In

16 addition to funds paid under subparagraph (A),

17 the entity submitting the proposal for a project

18 to be assisted under this Act shall seek match19 ing funds, in the form of cash or in-kind con20 tributions, from local entities in the country in

21 which the project is carried out, including cor22 porations and business interests.

23 (B) PAYMENT BY LOCAL ENTITIES IN FOR24 EIGN COUNTRIES.—A local entity in a foreign

25 country in which a project is carried out may
10

•S 1970 RS

1 provide the non-Federal share required under

2 this subsection in cash or in-kind contributions

3 from local sources in the country.

4 SEC. 5. NEOTROPICAL MIGRATORY BIRD ADVISORY COM5 MITTEE.

6 (a) ESTABLISHMENT.—There is established a

7 Neotropical Migratory Bird Advisory Committee (referred

8 to in this Act as the ‘‘Committee’’) to assist in carrying

9 out this Act.

10 (b) MEMBERSHIP.—

11 (1) PERMANENT MEMBERS.—The 4 9 perma12 nent members of the Committee shall be—

13 (A) 2 representatives 1 representative of

14 the United States Fish and Wildlife Service, 1

15 of whom who shall chair the Committee;

16 (B) 1 representative appointed by the

17 International Association of Fish and Wildlife

18 Agencies, who shall not be required to be an of19 ficer or employee of the Association; and

20 (C) 1 representative appointed by the Na21 tional Fish and Wildlife Foundation established

22 by the National Fish and Wildlife Foundation

23 Establishment Act (16 U.S.C. 3701 et seq.),

24 who shall not be required to be an officer or

25 employee of the Foundation. ;
11

•S 1970 RS

1 (D) 1 representative of the Department of

2 State;

3 (E) 1 representative of the United States

4 Agency for International Development; and

5 (F) 4 individuals, appointed by the Sec6 retary of the Interior, each of whom—

7 (i) shall represent an entity (other

8 than an entity specified in any of subpara9 graphs (A) through (E)) that has strong in10 terest and involvement in neotropical bird

11 conservation; and

12 (ii) shall serve for a 2-year term.

13 (2) NONVOTING MEMBER MEMBERS.—

14 (A) IN GENERAL.—The Committee shall

15 include 1 nonvoting member who 3 nonvoting

16 members, each of whom—

17 (i) is a native and resident of Latin

18 America or the Caribbean; and

19 (ii) is actively involved in local con20 servation efforts in Latin America or the

21 Caribbean.

22 (B) CONDITIONS OF SERVICE AS MEM23 BER.—The Each member described in subpara24 graph (A) shall serve in an advisory capacity

25 and for a 2-year term.
12

•S 1970 RS

1 (c) DUTIES.—The Committee shall—

2 (1) assist in the development of guidelines for

3 the solicitation of proposals for projects eligible for

4 financial assistance under section 4;

5 (2) promote participation in the program estab6 lished under section 4 by public and private non7 Federal entities; and

8 (3) review and recommend to the Secretary pro9 posals for financial assistance that meet the require10 ments specified in section 4 and any other criteria

11 established by the Committee. 4; and

12 (4) coordinate and facilitate grant processes

13 among entities involved in neotropical bird conserva14 tion.

15 (d) MEETINGS.—The Committee shall hold such

16 meetings as are necessary to carry out the duties of the

17 Committee.

18 (e) COMPENSATION.—

19 (1) IN GENERAL.—Subject to paragraph (2), a

20 member of the Committee shall not receive any com21 pensation for the service of the member on the Com22 mittee.

23 (2) TRAVEL EXPENSES.—A member of the

24 Committee shall be allowed travel expenses, includ25 ing per diem in lieu of subsistence, at rates author-
13

•S 1970 RS

1 ized for employees of agencies under subchapter I of

2 chapter 57 of title 5, United States Code, while

3 away from the home or regular place of business of

4 the member in the performance of services for the

5 Committee.

6 (f) ELIGIBILITY FOR FINANCIAL ASSISTANCE.—An

7 entity represented by a member of the Committee shall

8 not be eligible to receive financial assistance under this

9 Act.

10 SEC. 6. DUTIES OF SECRETARY.

11 (a) ASSISTANCE TO COMMITTEE.—The Secretary

12 shall facilitate consideration of projects described in sec13 tion 4(a) by the Committee and otherwise assist the Com14 mittee in carrying out its duties under this Act.

15 (b) OTHER DUTIES.—In carrying out this Act, the

16 Secretary shall—

17 (1) select proposals for financial assistance;

18 (1) (2) develop and oversee agreements to pro19 vide financial assistance under section 4;

20 (2) (3) seek cooperators described in section 7;

21 (3) (4) translate documents into Spanish as

22 necessary; and

23 (4) (5) generally manage implementation of this

24 Act.
14

•S 1970 RS

1 (c) FUNDING.—The Secretary may use funds de2 scribed in section 9(b) to carry out this section.

3 SEC. 7. COOPERATION.

4 In carrying out this Act, the Secretary shall cooperate

5 with appropriate entities, including—

6 (1) appropriate officials in countries where

7 projects authorized by this Act are proposed to be

8 carried out or are being carried out;

9 (2) the heads of other Federal agencies; and

10 (3) entities carrying out, as of the date of en11 actment of this Act, initiatives that support bird

12 conservation in Latin America and the Caribbean,

13 such as Partners in Flight, the North American Wa14 terfowl Management Plan, the Western Hemisphere

15 Shorebird Reserve Network, Winged Ambassadors,

16 the Latin America small grants program of the

17 American Bird Conservancy, and Wings of the

18 Americas.

19 SEC. 8. REPORT TO CONGRESS.

20 Not later than December 31, 2002, the Secretary

21 shall submit to Congress a report on the results and effec22 tiveness of the program carried out under this Act, includ23 ing recommendations concerning how the Act might be im24 proved and whether the program should be continued.
15

•S 1970 RS

1 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

2 (a) IN GENERAL.—There is authorized to be appro3 priated to carry out this Act $4,000,000 for each of fiscal

4 years 1999 through 2001, to remain available until ex5 pended.

6 (a) IN GENERAL.—There is authorized to be appro7 priated to the Secretary of the Interior to carry out this

8 Act $8,000,000 for each of fiscal years 1999 through 2001,

9 to remain available until expended, of which not less than

10 50 percent and not more than 70 percent of the amounts

11 made available for each fiscal year shall be expended for

12 projects carried out outside the United States.

13 (b) ADMINISTRATIVE EXPENSES.—For each fiscal

14 year, of the amounts made available to carry out this Act

15 under subsection (a), the Secretary may use not more than

16 10 6 percent to pay administrative expenses incurred in

17 carrying out this Act.

Calendar No. 521

105TH CONGRESS

2D SESSION S. 1970

[Report No. 105–284]

A BILL

To require the Secretary of the Interior to establish

tion of neotropical migratory birds.a program to provide assistance in the conservaJULY 31, 1998

Reported with amendments