S. 148

One Hundred Sixth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Monday,

the twenty-fourth day of January, two thousand

An Act

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

in the conservation of neotropical migratory birds.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

Conservation Act’’.

SEC. 2. FINDINGS.

Congress finds that—

(1) of the nearly 800 bird species known to occur in the

United States, approximately 500 migrate among countries,

and the large majority of those species, the neotropical

migrants, winter in Latin America and the Caribbean;

(2) neotropical migratory bird species provide invaluable

environmental, economic, recreational, and aesthetic benefits

to the United States, as well as to the Western Hemisphere;

(3)(A) many neotropical migratory bird populations, once

considered common, are in decline, and some have declined

to the point that their long-term survival in the wild is in

jeopardy; and

(B) the primary reason for the decline in the populations

of those species is habitat loss and degradation (including pollution and contamination) across the species’ range; and

(4)(A) because neotropical migratory birds range across

numerous international borders each year, their conservation

requires the commitment and effort of all countries along their

migration routes; and

(B) although numerous initiatives exist to conserve migratory birds and their habitat, those initiatives can be significantly strengthened and enhanced by increased coordination.

SEC. 3. PURPOSES.

The purposes of this Act are—

(1) to perpetuate healthy populations of neotropical migratory birds;

(2) to assist in the conservation of neotropical migratory

birds by supporting conservation initiatives in the United

States, Latin America, and the Caribbean; and

(3) to provide financial resources and to foster international

cooperation for those initiatives.

SEC. 4. DEFINITIONS.

In this Act:
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(1) ACCOUNT.—The term ‘‘Account’’ means the Neotropical

Migratory Bird Conservation Account established by section

9(a).

(2) CONSERVATION.—The term ‘‘conservation’’ means the

use of methods and procedures necessary to bring a species

of neotropical migratory bird to the point at which there are

sufficient populations in the wild to ensure the long-term

viability of the species, including—

(A) protection and management of neotropical migratory bird populations;

(B) maintenance, management, protection, and restoration of neotropical migratory bird habitat;

(C) research and monitoring;

(D) law enforcement; and

(E) community outreach and education.

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

SEC. 5. FINANCIAL ASSISTANCE.

(a) IN GENERAL.—The Secretary shall establish a program to

provide financial assistance for projects to promote the conservation

of neotropical migratory birds.

(b) PROJECT APPLICANTS.—A project proposal may be submitted

by—

(1) an individual, corporation, partnership, trust, association, or other private entity;

(2) an officer, employee, agent, department, or instrumentality of the Federal Government, of any State, municipality,

or political subdivision of a State, or of any foreign government;

(3) a State, municipality, or political subdivision of a State;

(4) any other entity subject to the jurisdiction of the United

States or of any foreign country; and

(5) an international organization (as defined in section

1 of the International Organizations Immunities Act (22 U.S.C.

288)).

(c) PROJECT PROPOSALS.—To be considered for financial assistance for a project under this Act, an applicant shall submit a

project proposal that—

(1) includes—

(A) the name of the individual responsible for the

project;

(B) a succinct statement of the purposes of the project;

(C) a description of the qualifications of individuals

conducting the project; and

(D) an estimate of the funds and time necessary to

complete the project, including sources and amounts of

matching funds;

(2) demonstrates that the project will enhance the conservation of neotropical migratory bird species in the United States,

Latin America, or the Caribbean;

(3) includes mechanisms to ensure adequate local public

participation in project development and implementation;

(4) contains assurances that the project will be implemented in consultation with relevant wildlife management

authorities and other appropriate government officials with

jurisdiction over the resources addressed by the project;
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(5) demonstrates sensitivity to local historic and cultural

resources and complies with applicable laws;

(6) describes how the project will promote sustainable, effective, long-term programs to conserve neotropical migratory

birds; and

(7) provides any other information that the Secretary considers to be necessary for evaluating the proposal.

(d) PROJECT REPORTING.—Each recipient of assistance for a

project under this Act shall submit to the Secretary such periodic

reports as the Secretary considers to be necessary. Each report

shall include all information required by the Secretary for evaluating the progress and outcome of the project.

(e) COST SHARING.—

(1) FEDERAL SHARE.—The Federal share of the cost of each

project shall be not greater than 25 percent.

(2) NON-FEDERAL SHARE.—

(A) SOURCE.—The non-Federal share required to be

paid for a project shall not be derived from any Federal

grant program.

(B) FORM OF PAYMENT.—

(i) PROJECTS IN THE UNITED STATES.—The nonFederal share required to be paid for a project carried

out in the United States shall be paid in cash.

(ii) PROJECTS IN FOREIGN COUNTRIES.—The nonFederal share required to be paid for a project carried

out in a foreign country may be paid in cash or in

kind.

SEC. 6. DUTIES OF THE SECRETARY.

In carrying out this Act, the Secretary shall—

(1) develop guidelines for the solicitation of proposals for

projects eligible for financial assistance under section 5;

(2) encourage submission of proposals for projects eligible

for financial assistance under section 5, particularly proposals

from relevant wildlife management authorities;

(3) select proposals for financial assistance that satisfy

the requirements of section 5, giving preference to proposals

that address conservation needs not adequately addressed by

existing efforts and that are supported by relevant wildlife

management authorities; and

(4) generally implement this Act in accordance with its

purposes.

SEC. 7. COOPERATION.

(a) IN GENERAL.—In carrying out this Act, the Secretary shall—

(1) support and coordinate existing efforts to conserve

neotropical migratory bird species, through—

(A) facilitating meetings among persons involved in

such efforts;

(B) promoting the exchange of information among such

persons;

(C) developing and entering into agreements with other

Federal agencies, foreign, State, and local governmental

agencies, and nongovernmental organizations; and

(D) conducting such other activities as the Secretary

considers to be appropriate; and
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(2) coordinate activities and projects under this Act with

existing efforts in order to enhance conservation of neotropical

migratory bird species.

(b) ADVISORY GROUP.—

(1) IN GENERAL.—To assist in carrying out this Act, the

Secretary may convene an advisory group consisting of individuals representing public and private organizations actively

involved in the conservation of neotropical migratory birds.

(2) PUBLIC PARTICIPATION.—

(A) MEETINGS.—The advisory group shall—

(i) ensure that each meeting of the advisory group

is open to the public; and

(ii) provide, at each meeting, an opportunity for

interested persons to present oral or written statements concerning items on the agenda.

(B) NOTICE.—The Secretary shall provide to the public

timely notice of each meeting of the advisory group.

(C) MINUTES.—Minutes of each meeting of the advisory

group shall be kept by the Secretary and shall be made

available to the public.

(3) EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT.—

The Federal Advisory Committee Act (5 U.S.C. App.) shall

not apply to the advisory group.

SEC. 8. REPORT TO CONGRESS.

Not later than October 1, 2002, the Secretary shall submit

to Congress a report on the results and effectiveness of the program

carried out under this Act, including recommendations concerning

how the Act might be improved and whether the program should

be continued.

SEC. 9. NEOTROPICAL MIGRATORY BIRD CONSERVATION ACCOUNT.

(a) ESTABLISHMENT.—There is established in the Multinational

Species Conservation Fund of the Treasury a separate account

to be known as the ‘‘Neotropical Migratory Bird Conservation

Account’’, which shall consist of amounts deposited into the Account

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

(b) DEPOSITS INTO THE ACCOUNT.—The Secretary of the

Treasury shall deposit into the Account—

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

of donations under subsection (d); and

(2) other amounts appropriated to the Account.

(c) USE.—

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

may use amounts in the Account, without further Act of appropriation, to carry out this Act.

(2) ADMINISTRATIVE EXPENSES.—Of amounts in the Account

available for each fiscal year, the Secretary may expend not

more than 3 percent or up to $80,000, whichever is greater,

to pay the administrative expenses necessary to carry out this

Act.

(d) ACCEPTANCE AND USE OF DONATIONS.—The Secretary may

accept and use donations to carry out this Act. Amounts received

by the Secretary in the form of donations shall be transferred

to the Secretary of the Treasury for deposit into the Account.
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SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to the Account to carry out this Act $5,000,000 for each of fiscal years 2001 through 2005,

to remain available until expended, of which not less than 75

percent of the amounts made available for each fiscal year shall

be expended for projects carried out outside the United States.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.