```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 148 Enrolled Bill (ENR)]

        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:
        (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;
        (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 non-Federal 
            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 non-Federal 
            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
        (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.

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.
```