II

105TH CONGRESS

2D SESSION S. 1970

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 introduced the following bill; which was read twice and referred

to the Committee on Environment and Public Works

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,

3 SECTION 1. SHORT TITLE.

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

5 Bird Conservation Act’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—

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

9 recognized and appreciated components of North

10 American wildlife;
2

•S 1970 IS

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

2 to observe birds; and

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

4 watch and feed birds at home;

5 (2) birds—

6 (A) are key indicators of environmental

7 health;

8 (B) play important roles in plant polli9 nation and seed dispersal;

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

11 and

12 (D) maintain the health of the environ13 ment.

14 (3)(A) healthy bird populations provide impor15 tant economic benefits, such as control of noxious

16 insects on agricultural crops, thereby preventing

17 hundreds of millions of dollars in economic losses

18 each year to farming and timber interests; and

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

20 United States each year on watching and feeding

21 birds;

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

23 North American bird species, once considered com24 mon, are in decline;
3

•S 1970 IS

1 (B) 90 North American bird species are listed

2 as endangered or threatened in the United States;

3 (C) another 124 North American bird species

4 are of high conservation concern; and

5 (D) Mexico’s Secretariat of Environment, Natu6 ral Resources and Fisheries lists approximately 390

7 bird species as being endangered, threatened, vulner8 able, or rare;

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

10 occur in the United States, approximately 500 mi11 grate among nations;

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

13 neotropical migrants, winter in Latin America and

14 the Caribbean; and

15 (C) neotropical migrants in particular have re16 ceived much attention because of their population

17 declines;

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

19 habitat loss and degradation (including pollution and

20 contamination);

21 (B) because neotropical migrants range across

22 numerous international borders each year, their con23 servation requires that safeguards be established at

24 both ends of the migration routes, as well as at criti25 cal stopover areas along the way; and
4

•S 1970 IS

1 (C) establishing such safeguards necessitates

2 the joint commitment and effort of all nations that

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

4 and

5 (7) this Act constitutes an effort on the part of

6 the United States to adopt appropriate measures for

7 the protection of migratory birds in collaboration

8 with—

9 (A) neighboring nations that are parties to

10 the Convention Respecting Nature Protection

11 and Wildlife Preservation in the Western Hemi12 sphere, done at the Pan American Union,

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

14 and

15 (B) States, conservation organizations, cor16 porations and business interests, and other pri17 vate entities.

18 SEC. 3. PURPOSES.

19 The purposes of this Act are—

20 (1) to assist in the conservation of neotropical

21 migratory birds by supporting neotropical migratory

22 bird conservation programs in Latin America and

23 the Caribbean with a focus on reversing habitat loss

24 and degradation;
5

•S 1970 IS

1 (2) to promote partnerships between Federal,

2 State, and nongovernmental entities in the United

3 States in the conservation of neotropical migratory

4 birds;

5 (3) to foster active governmental and non6 governmental participation in neotropical migratory

7 bird conservation by cooperating countries through8 out Latin America and the Caribbean;

9 (4) to promote circumstances under which the

10 conservation of neotropical migratory birds in Latin

11 America and the Caribbean may be carried out en12 tirely by local entities;

13 (5) to provide financial resources for projects

14 that support neotropical migratory bird conserva15 tion; and

16 (6) to promote the effective conservation of

17 neotropical migratory birds in the Western Hemi18 sphere through collaboration at all levels of society.

19 SEC. 4. CONSERVATION ASSISTANCE.

20 (a) IN GENERAL.—The Secretary of the Interior, act21 ing through the Director of the United States Fish and

22 Wildlife Service (referred to in this Act as the ‘‘Sec23 retary’’), shall establish a program to provide financial as24 sistance for projects to promote the conservation of

25 neotropical migratory birds.
6

•S 1970 IS

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 by focusing on re23 versing habitat loss and degradation;
7

•S 1970 IS

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.—
8

•S 1970 IS

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.
9

•S 1970 IS

1 SEC. 5. NEOTROPICAL MIGRATORY BIRD ADVISORY COM2 MITTEE.

3 (a) ESTABLISHMENT.—There is established a

4 Neotropical Migratory Bird Advisory Committee (referred

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

6 out this Act.

7 (b) MEMBERSHIP.—

8 (1) PERMANENT MEMBERS.—The 4 permanent

9 members of the Committee shall be—

10 (A) 2 representatives of the United States

11 Fish and Wildlife Service, 1 of whom shall chair

12 the Committee;

13 (B) 1 representative appointed by the

14 International Association of Fish and Wildlife

15 Agencies, who shall not be required to be an of16 ficer or employee of the Association; and

17 (C) 1 representative appointed by the Na18 tional Fish and Wildlife Foundation established

19 by the National Fish and Wildlife Foundation

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

21 who shall not be required to be an officer or

22 employee of the Foundation.

23 (2) NONVOTING MEMBER.—

24 (A) IN GENERAL.—The Committee shall

25 include 1 nonvoting member who—
10

•S 1970 IS

1 (i) is a native and resident of Latin

2 America or the Caribbean; and

3 (ii) is actively involved in local con4 servation efforts in Latin America or the

5 Caribbean.

6 (B) CONDITIONS OF SERVICE AS MEM7 BER.—The member described in subparagraph

8 (A) shall serve in an advisory capacity and for

9 a 2-year term.

10 (c) DUTIES.—The Committee shall—

11 (1) assist in the development of guidelines for

12 the solicitation of proposals for projects eligible for

13 financial assistance under section 4;

14 (2) promote participation in the program estab15 lished under section 4 by public and private non16 Federal entities; and

17 (3) review and recommend to the Secretary pro18 posals for financial assistance that meet the require19 ments specified in section 4 and any other criteria

20 established by the Committee.

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

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

23 Committee.

24 (e) COMPENSATION.—
11

•S 1970 IS

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

2 member of the Committee shall not receive any com3 pensation for the service of the member on the Com4 mittee.

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

6 Committee shall be allowed travel expenses, includ7 ing per diem in lieu of subsistence, at rates author8 ized for employees of agencies under subchapter I of

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

10 away from the home or regular place of business of

11 the member in the performance of services for the

12 Committee.

13 (f) ELIGIBILITY FOR FINANCIAL ASSISTANCE.—An

14 entity represented by a member of the Committee shall

15 not be eligible to receive financial assistance under this

16 Act.

17 SEC. 6. DUTIES OF SECRETARY.

18 (a) ASSISTANCE TO COMMITTEE.—The Secretary

19 shall facilitate consideration of projects described in sec20 tion 4(a) by the Committee and otherwise assist the Com21 mittee in carrying out its duties under this Act.

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

23 Secretary shall—

24 (1) develop and oversee agreements to provide

25 financial assistance under section 4;
12

•S 1970 IS

1 (2) seek cooperators described in section 7;

2 (3) translate documents into Spanish as nec3 essary; and

4 (4) generally manage implementation of this

5 Act.

6 (c) FUNDING.—The Secretary may use funds de7 scribed in section 9(b) to carry out this section.

8 SEC. 7. COOPERATION.

9 In carrying out this Act, the Secretary shall cooperate

10 with appropriate entities, including—

11 (1) appropriate officials in countries where

12 projects authorized by this Act are proposed to be

13 carried out or are being carried out;

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

15 (3) entities carrying out, as of the date of en16 actment of this Act, initiatives that support bird

17 conservation in Latin America and the Caribbean,

18 such as Partners in Flight, the North American Wa19 terfowl Management Plan, the Western Hemisphere

20 Shorebird Reserve Network, Winged Ambassadors,

21 the Latin America small grants program of the

22 American Bird Conservancy, and Wings of the

23 Americas.
13

•S 1970 IS

1 SEC. 8. REPORT TO CONGRESS.

2 Not later than December 31, 2002, the Secretary

3 shall submit to Congress a report on the results and effec4 tiveness of the program carried out under this Act, includ5 ing recommendations concerning how the Act might be im6 proved and whether the program should be continued.

7 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

8 (a) IN GENERAL.—There is authorized to be appro9 priated to carry out this Act $4,000,000 for each of fiscal

10 years 1999 through 2001, to remain available until ex11 pended.

12 (b) ADMINISTRATIVE EXPENSES.—For each fiscal

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

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

15 10 percent to pay administrative expenses incurred in car16 rying out this Act.

Æ