II 

117TH CONGRESS 

2D SESSION S. 4187 

To amend the Neotropical Migratory Bird Conservation Act to make 

improvements to that Act, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 11 (legislative day, MAY 10), 2022 

Mr. CARDIN (for himself and Mr. PORTMAN) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To amend the Neotropical Migratory Bird Conservation Act 

to make improvements to that Act, and for other purposes. 

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 ‘‘Migratory Birds of 

5 the Americas Conservation Enhancements Act of 2022’’. 

6 SEC. 2. NEOTROPICAL MIGRATORY BIRD CONSERVATION 

7 ACT AMENDMENTS. 

8 (a) COST SHARING.—Section 5 of the Neotropical 

9 Migratory Bird Conservation Act (16 U.S.C. 6104) is 

10 amended— 


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1 (1) in subsection (e)(1), by striking ‘‘25 per2 cent’’ and inserting ‘‘33.3 percent’’; and 

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

4 ‘‘(f) CRITERIA.— 

5 ‘‘(1) IN GENERAL.—In accordance with para6 graph (2), the Secretary shall establish criteria for 

7 awarding financial assistance under this section. 

8 ‘‘(2) REQUIREMENT.—The criteria established 

9 under paragraph (1) shall provide that project pro10 posals submitted under subsection (c) that have a 

11 higher non-Federal share, as compared to other 

12 project proposals submitted under that subsection, 

13 shall receive additional consideration by the Sec14 retary before determining which project proposals 

15 shall receive financial assistance under this section. 

16 ‘‘(3) AVAILABILITY.—The Secretary shall— 

17 ‘‘(A) make the criteria established under 

18 paragraph (1) publicly available; and 

19 ‘‘(B) include those criteria in— 

20 ‘‘(i) each notice of funding oppor21 tunity for the program under this section; 

22 and 

23 ‘‘(ii) any application instructions de24 veloped by the Secretary for that pro25 gram.’’. 


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1 (b) REPORTS TO CONGRESS.—Section 8 of the 

2 Neotropical Migratory Bird Conservation Act (16 U.S.C. 

3 6107) is amended— 

4 (1) in the section heading, by striking ‘‘RE5 PORT’’ and inserting ‘‘REPORTS’’; 

6 (2) by striking ‘‘Not later than 2 years’’ and in7 serting the following: 

8 ‘‘(a) RESULTS AND EFFECTIVENESS OF PROGRAM.— 

9 Not later than 2 years’’; and 

10 (3) by inserting after subsection (a) (as so des11 ignated) the following: 

12 ‘‘(b) COST SHARING AND CRITERIA IMPLEMENTA13 TION.—Not later than 3 years after the date of enactment 

14 of the Migratory Birds of the Americas Conservation En15 hancements Act of 2022, the Secretary shall submit to the 

16 Committee on Environment and Public Works of the Sen17 ate and the Committee on Natural Resources of the House 

18 of Representatives a report that includes an analysis of 

19 the implementation by the Secretary of subsection (f) of 

20 section 5, which shall include an analysis of the project 

21 proposals selected to receive financial assistance using the 

22 criteria established under that subsection. 

23 ‘‘(c) ADVISORY GROUP IMPLEMENTATION.—Not 

24 later than 18 months after the date of enactment of the 

25 Migratory Birds of the Americas Conservation EnhanceVerDate Sep 11 2014 04:09 May 12, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4187.IS S4187

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1 ments Act of 2022, the Secretary shall submit to the Com2 mittee on Environment and Public Works of the Senate 

3 and the Committee on Natural Resources of the House 

4 of Representatives a report describing the implementation 

5 of subsection (b) of section 7 by the Secretary, which shall 

6 include, if applicable, a description of the composition of 

7 the advisory group convened under paragraph (1) of that 

8 subsection.’’. 

9 (c) NEOTROPICAL MIGRATORY BIRD CONSERVATION

10 FUND ADMINISTRATIVE EXPENSES.—Section 9(c)(2) of 

11 the Neotropical Migratory Bird Conservation Act (16 

12 U.S.C. 6108(c)(2)) is amended by striking ‘‘3 percent or 

13 up to $100,000’’ and inserting ‘‘5 percent or up to 

14 $300,000’’. 

15 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

16 10 of the Neotropical Migratory Bird Conservation Act 

17 (16 U.S.C. 6109) is amended by striking subsection (a) 

18 and inserting the following: 

19 ‘‘(a) IN GENERAL.—There are authorized to be ap20 propriated to carry out this Act— 

21 ‘‘(1) for fiscal year 2023, $20,000,000; 

22 ‘‘(2) for fiscal year 2024, $21,250,000; 

23 ‘‘(3) for fiscal year 2025, $22,500,000; 

24 ‘‘(4) for fiscal year 2026, $23,750,000; and 

25 ‘‘(5) for fiscal year 2027, $25,000,000.’’. 


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1 (e) TECHNICAL CORRECTIONS.— 

2 (1) Section 4 of the Neotropical Migratory Bird 

3 Conservation Act (16 U.S.C. 6103) is amended— 

4 (A) by striking paragraph (1); and 

5 (B) by redesignating paragraphs (2) 

6 through (5) as paragraphs (1) through (4), re7 spectively. 

8 (2) Section 7(b)(1) of the Neotropical Migra9 tory Bird Conservation Act (16 U.S.C. 6106(b)(1)) 

10 is amended, in the second sentence, by adding a pe11 riod at the end. 

Æ 


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