IB 

Union Calendar No. 299 

108TH CONGRESS 

2D SESSION H. R. 4114 

[Report No. 108–520] 

To amend the Migratory Bird Treaty Act to exclude non-native migratory 

bird species from the application of that Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 1, 2004 

Mr. GILCHREST (for himself, Mr. SAXTON, and Mr. KIND) introduced the 

following bill; which was referred to the Committee on Resources 

JUNE 3, 2004 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 1, 2004] 

A BILL 

To amend the Migratory Bird Treaty Act to exclude nonnative migratory bird species from the application of 

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, 
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1 TITLE I—EXCLUSION OF NON2 NATIVE SPECIES FROM MI3 GRATORY BIRD TREATY ACT 

4 SEC. 101. SHORT TITLE. 

5 This title may be cited as the ‘‘Migratory Bird Treaty 

6 Reform Act of 2004’’. 

7 SEC. 102. EXCLUSION OF NON-NATIVE SPECIES FROM AP8 PLICATION OF CERTAIN PROHIBITIONS 

9 UNDER MIGRATORY BIRD TREATY ACT. 

10 Section 2 of the Migratory Bird Treaty Act (16 U.S.C. 

11 703) is amended— 

12 (1) in the first sentence by striking ‘‘That unless 

13 and except as permitted’’ and inserting the following: 

14 ‘‘(a) IN GENERAL.—Unless and except as permitted’’; 

15 and 

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

17 ‘‘(b) LIMITATION ON APPLICATION TO INTRODUCED

18 SPECIES.— 

19 ‘‘(1) IN GENERAL.—This section applies only to 

20 migratory bird species that are native to the United 

21 States and whose occurrence in the United States is 

22 entirely the result of natural biological or ecological 

23 conditions. 

24 ‘‘(2) TREATMENT OF INTRODUCED SPECIES.— 

25 For purposes of paragraph (1)— 
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1 ‘‘(A) a bird species shall not be treated as 

2 native to the United States if it occurs in the 

3 United States solely as a result of intentional or 

4 unintentional human-assisted introduction; and 

5 ‘‘(B) a migratory bird species shall be treat6 ed as native to the United States if— 

7 ‘‘(i) it was native to the United States 

8 and extant in 1918; 

9 ‘‘(ii) it was extirpated after 1918 

10 throughout its range in the United States; 

11 and 

12 ‘‘(iii) after such extirpation, it was re13 introduced in the United States as a part 

14 of a program carried out by a Federal 

15 agency.’’. 

16 SEC. 103. PUBLICATION OF LIST. 

17 The Secretary of the Interior shall publish in the Fed18 eral Register within 3 months after the date of enactment 

19 of this Act a list of all non-native, human introduced bird 

20 species to which the Migratory Bird Treaty Act does not 

21 apply that belong to biological families of migratory birds 

22 covered under any of the migratory bird conventions with 

23 Great Britain (for Canada), Mexico, Russia, or Japan. The 

24 Secretary shall provide adequate time for public comment. 

25 Nothing in this section concerning the publication of the 
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1 list shall delay implementation of other provisions of this 

2 Act that exclude non-native, human introduced bird species 

3 from the application of the Migratory Bird Treaty Act. 

4 TITLE II—CONSERVATION OF 

5 NEOTROPICAL MIGRATORY 

6 BIRDS 

7 SEC. 201. SHORT TITLE. 

8 This title may be cited as the ‘‘Neotropical Migratory 

9 Bird Conservation Improvement Act of 2004’’. 

10 SEC. 202. AMENDMENTS TO NEOTROPICAL MIGRATORY 

11 BIRD CONSERVATION ACT. 

12 (a) FINDINGS.—Section 2(1) of the Neotropical Migra13 tory Bird Conservation Act (16 U.S.C. 6101(1)) is amended 

14 by inserting ‘‘but breed in Canada and the United States’’ 

15 after ‘‘the Caribbean’’. 

16 (b) PURPOSES.—Section 3(2) of the Neotropical Mi17 gratory Bird Conservation Act (16 U.S.C. 6102(2)) is 

18 amended by inserting ‘‘Canada,’’ after ‘‘United States,’’. 

19 (c) DEFINITION OF CARIBBEAN.—Section 4 of the 

20 Neotropical Migratory Bird Conservation Act is amended 

21 by redesignating paragraphs (2) and (3) in order or para22 graphs (3) and (4), and by inserting paragraph (1) the fol23 lowing: 

24 ‘‘(2) CARIBBEAN.—The term ‘Caribbean’ includes 

25 Puerto Rico and the United States Virgin Islands.’’. 
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1 (d) COST SHARING.—Section 5(e) of the Neotropical 

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

3 amended— 

4 (1) in paragraph (1) by striking ‘‘25 percent’’ 

5 and inserting ‘‘50 percent’’; and 

6 (2) in paragraph (2) by amending subparagraph 

7 (B) to read as follows: 

8 ‘‘(B) FORM OF PAYMENT.— 

9 ‘‘(i) PROJECTS IN THE UNITED STATES

10 AND CANADA.—The non-Federal share re11 quired to be paid for a project carried out 

12 in the United States or Canada shall be 

13 paid in cash. 

14 ‘‘(ii) PROJECTS IN LATIN AMERICA AND

15 THE CARIBBEAN.—The non-Federal share 

16 required to be paid for a project carried out 

17 in Latin America or the Caribbean may be 

18 paid in cash or in kind.’’. 

19 (e) REPORT.—Section 8 of the Neotropical Migratory 

20 Bird Conservation Act (16 U.S.C. 6107) is amended— 

21 (1) by striking ‘‘October 1, 2002,’’ and inserting 

22 ‘‘12 months after the date of the enactment of the 

23 Neotropical Migratory Bird Conservation Improve24 ment Act of 2004,’’; and 
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1 (2) by inserting before the period the following: 

2 ‘‘, and a description of the activities of the advisory 

3 committee convened under section 7(b)’’. 

4 (f) NEOTROPICAL MIGRATORY BIRD CONSERVATION

5 FUND.— 

6 (1) IN GENERAL.— Section 9 of the Neotropical 

7 Migratory Bird Conservation Act (16 U.S.C. 6108) is 

8 amended by striking so much as precedes subsection 

9 (c) and inserting the following: 

10 ‘‘SEC. 9. NEOTROPICAL MIGRATORY BIRD CONSERVATION 

11 FUND. 

12 ‘‘(a) ESTABLISHMENT.—There is established in the 

13 Treasury a separate account, which shall be known as the 

14 ‘Neotropical Migratory Bird Conservation Fund’. The Fund 

15 shall consist of amounts deposited into the Fund by the Sec16 retary of the Treasury under subsection (b). 

17 ‘‘(b) DEPOSITS INTO THE FUND.—The Secretary of the 

18 Treasury shall deposit into the Fund— 

19 ‘‘(1) all amounts received by the Secretary in the 

20 form of donations under subsection (d); and 

21 ‘‘(2) other amounts appropriated to the Fund.’’. 

22 (2) ADMINISTRATIVE EXPENSES.—Section 

23 9(c)(2) of the Neotropical Migratory Bird Conserva24 tion Act (16 U.S.C. 6108(c)(2)) is amended by strik25 ing ‘‘$80,000’’ and inserting ‘‘$150,000’’. 
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1 (3) CONFORMING AMENDMENTS.—The 

2 Neotropical Migratory Bird Conservation Act is 

3 amended as follows: 

4 (A) In section 4 (16 U.S.C. 6103), by strik5 ing paragraph (1) and inserting the following: 

6 ‘‘(1) FUND.—The term ‘Fund’ means the 

7 Neotropical Migratory Bird Conservation Fund estab8 lished by section 9(a).’’. 

9 (B) In section 9(d) (16 U.S.C. 6108(d)), by 

10 striking ‘‘Account’’ and inserting ‘‘Fund’’. 

11 (4) TRANSFER.—The Secretary of the Treasury 

12 may transfer to the Neotropical Migratory Bird Con13 servation Fund amounts that were in the Neotropical 

14 Migratory Bird Conservation Account immediately 

15 before the enactment of this Act. 

16 (g) AUTHORIZATION OF APPROPRIATIONS.—Section 10 

17 of the Neotropical Migratory Bird Conservation Act (16 

18 U.S.C. 6109) is amended to read as follows: 

19 ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

20 ‘‘(a) IN GENERAL.—There is authorized to be appro21 priated to the Fund to carry out this Act the following 

22 amounts: 

23 ‘‘(1) $5,000,000 for fiscal year 2005. 

24 ‘‘(2) $5,000,000 for fiscal year 2006. 

25 ‘‘(3) $10,000,000 for fiscal year 2007. 
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1 ‘‘(4) $15,000,000 for fiscal year 2008. 

2 ‘‘(b) AVAILABILITY.—Amounts appropriated under 

3 this section may remain available until expended. 

4 ‘‘(c) ALLOCATION.—Of amounts appropriated under 

5 this section for each fiscal year, not less than 75 percent 

6 shall be expended for projects carried out outside the United 

7 States. 

8 ‘‘(d) LIMITATION ON EXPENDITURES FOR PROJECTS IN

9 CANADA.—Amounts appropriated under this section for a 

10 fiscal year may not be used for any project in Canada un11 less the amount available to carry out this Act for that fiscal 

12 year is greater than $10,000,000.’’. 

Union Calendar No. 299 

108TH CONGRESS 

2D SESSION H. R. 4114 

[Report No. 108–520] 

A BILL 

To amend the Migratory Bird Treaty Act to exapplication of that Act, and for other purposes. clude non-native migratory bird species from the 

JUNE 3, 2004 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,