Calendar No. 322
106TH CONGRESS
1ST SESSION
H.R. 2454
[Report No. 106–188]
A BILL
To assure the long-term conservation of mid-con-
tinent light geese and the biological diversity of
the ecosystem upon which many North American
migratory birds depend, by directing the Sec-
retary of the Interior to implement rules to re-
duce the overabundant population of mid-con-
tinent light geese.
OCTOBER 14, 1999
Reported with amendments and an amendment to the
title
II
Calendar No. 322
106TH CONGRESS
1ST SESSION
H. R. 2454
[Report No. 106–188]
To assure the long-term conservation of mid-continent light geese and the
biological diversity of the ecosystem upon which many North American
migratory birds depend, by directing the Secretary of the Interior to
implement rules to reduce the overabundant population of mid-continent
light geese.
IN THE SENATE OF THE UNITED STATES
AUGUST 3, 1999
Received; read twice and referred to the Committee on Environment and
Public Works
OCTOBER 14, 1999
Reported by Mr. CHAFEE, with amendments and an amendment to the title
[Omit the part struck through and insert the part printed in italic]
AN ACT
To assure the long-term conservation of mid-continent light
geese and the biological diversity of the ecosystem upon
which many North American migratory birds depend,
by directing the Secretary of the Interior to implement
rules to reduce the overabundant population of mid-con-
tinent light geese.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TITLE I—ARCTIC TUNDRA HABI-
TAT EMERGENCY CONSERVA-
TION
SECTION 1. SEC. 101. SHORT TITLE.
This Act title may be cited as the ‘‘Arctic Tundra
Habitat Emergency Conservation Act’’.
SEC. 2. SEC. 102. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds the following:
(1) The winter index population of mid-con-
tinent light geese was 800,000 birds in 1969, while
the total population of such geese is more than
5,200,000 birds today.
(2) The population of mid-continent light geese
is expanding by over 5 percent each year, and in the
absence of new wildlife management actions it could
grow to more than 6,800,000 breeding light geese in
3 years.
(3) The primary reasons for this unprecedented
population growth are—
(A) the expansion of agricultural areas and
the resulting abundance of cereal grain crops in
the United States;
(B) the establishment of sanctuaries along
the United States flyways of migrating light
geese; and
(C) a decline in light geese harvest rates.
(4) As a direct result of this population explo-
sion, the Hudson Bay Lowlands Salt-Marsh eco-
system in Canada is being systematically destroyed.
This ecosystem contains approximately 135,000
acres of essential habitat for migrating light geese
and many other avian species. Biologists have testi-
fied that one-third of this habitat has been de-
stroyed, one-third is on the brink of devastation, and
the remaining one-third is overgrazed.
(5) The destruction of the Arctic tundra is hav-
ing a severe negative impact on many avian species
that breed or migrate through this habitat, including
the following:
(A) Canada Goose.
(B) American Wigeon.
(C) Dowitcher.
(D) Hudsonian Godwit.
(E) Stilt Sandpiper.
(F) Northern Shoveler.
(G) Red-Breasted Merganser.
(H) Oldsquaw.
(I) Parasitic Jaeger.
(J) Whimbrel.
(K) Yellow Rail.
(6) It is essential that the current population of
mid-continent light geese be reduced by 50 percent
by the year 2005 to ensure that the fragile Arctic
tundra is not irreversibly damaged.
(b) PURPOSES.—The purposes of this Act title are
the following:
(1) To reduce the population of mid-continent
light geese.
(2) To assure the long-term conservation of
mid-continent light geese and the biological diversity
of the ecosystem upon which many North American
migratory birds depend.
SEC. 3. SEC. 103. FORCE AND EFFECT OF RULES TO CON-
TROL 
OVERABUNDANT 
MID-CONTINENT
LIGHT GEESE POPULATIONS.
(a) FORCE AND EFFECT.—
(1) IN GENERAL.—The rules published by the
Service on February 16, 1999, relating to use of ad-
ditional hunting methods to increase the harvest of
mid-continent light geese (64 Fed. Reg. 7507–7517)
and the establishment of a conservation order for
the reduction of mid-continent light goose popu-
lations (64 Fed. Reg. 7517–7528), shall have the
force and effect of law.
(2) PUBLIC
NOTICE.—The Secretary, acting
through the Director of the Service, shall take such
action as is necessary to appropriately notify the
public of the force and effect of the rules referred
to in paragraph (1).
(b) APPLICATION.—Subsection (a) shall apply only
during the period that—
(1) begins on the date of the enactment of this
Act; and
(2) ends on the latest of—
(A) the effective date of rules issued by the
Service after such date of enactment to control
overabundant mid-continent light geese popu-
lations;
(B) the date of the publication of a final
environmental impact statement for such rules
under section 102(2)(C) of the National Envi-
ronmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)); and
(C) May 15, 2001.
(c) RULE OF CONSTRUCTION.—This section shall not
be construed to limit the authority of the Secretary or the
Service to issue rules, under another law, to regulate the
taking of mid-continent light geese.
SEC. 4. DEFINITIONS.
SEC. 104. COMPREHENSIVE MANAGEMENT PLAN.
(a) IN GENERAL.—Not later than the end of the period
described in section 103(b), the Secretary shall prepare, and
as appropriate implement, a comprehensive, long-term plan
for the management of mid-continent light geese and the
conservation of their habitat.
(b) REQUIRED ELEMENTS.—The plan shall apply
principles of adaptive resource management and shall
include—
(1) a description of methods for monitoring the
levels of populations and the levels of harvest of mid-
continent light geese, and recommendations con-
cerning long-term harvest levels;
(2) recommendations concerning other means for
the management of mid-continent light goose popu-
lations, taking into account the reasons for the popu-
lation growth specified in section 102(a)(3);
(3) an assessment of, and recommendations re-
lating to, conservation of the breeding habitat of mid-
continent light geese;
(4) an assessment of, and recommendations re-
lating to, conservation of native species of wildlife ad-
versely affected by the overabundance of mid-con-
tinent light geese, including the species specified in
section 102(a)(5); and
(5) an identification of methods for promoting
collaboration with the government of Canada, States,
and other interested persons.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$1,000,000 for each of fiscal years 2000 through 2002.
SEC. 105. DEFINITIONS.
In this Act title:
(1) MID-CONTINENT LIGHT GEESE.—The term
‘‘mid-continent light geese’’ means Lesser snow
geese (Anser caerulescens caerulescens) and Ross’
geese (Anser rossii) that primarily migrate between
Canada and the States of Alabama, Arkansas, Colo-
rado, Illinois, Indiana, Iowa, Kansas, Kentucky,
Louisiana, Michigan, Minnesota, Mississippi, Mis-
souri, Montana, Nebraska, New Mexico, North Da-
kota, Ohio, Oklahoma, South Dakota, Tennessee,
Texas, Wisconsin, and Wyoming.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(3) SERVICE.—The term ‘‘Service’’ means the
United States Fish and Wildlife Service.
TITLE II—NEOTROPICAL MIGRA-
TORY BIRD CONSERVATION
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Neotropical Migratory
Bird Conservation Act’’.
SEC. 202. 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 spe-
cies, the neotropical migrants, winter in Latin Amer-
ica 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 popu-
lations, 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 deg-
radation (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 con-
serve migratory birds and their habitat, those initia-
tives can be significantly strengthened and enhanced
by increased coordination.
SEC. 203. PURPOSES.
The purposes of this title are—
(1) 
to 
perpetuate 
healthy 
populations 
of
neotropical migratory birds;
(2) to assist in the conservation of neotropical
migratory birds by supporting conservation initia-
tives in the United States, Latin America, and the
Caribbean; and
(3) to provide financial resources and to foster
international cooperation for those initiatives.
SEC. 204. DEFINITIONS.
In this title:
(1) ACCOUNT.—The term ‘‘Account’’ means the
Neotropical Migratory Bird Conservation Account es-
tablished by section 209(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. 205. FINANCIAL ASSISTANCE.
(a) IN GENERAL.—The Secretary shall establish a pro-
gram 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 subdivi-
sion 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 Immuni-
ties Act (22 U.S.C. 288)).
(c) PROJECT PROPOSALS.—To be considered for finan-
cial assistance for a project under this title, 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 in-
dividuals conducting the project; and
(D) an estimate of the funds and time nec-
essary 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 Latin America, the Caribbean, or the United
States;
(3) includes mechanisms to ensure adequate local
public participation in project development and im-
plementation;
(4) contains assurances that the project will be
implemented in consultation with relevant wildlife
management authorities and other appropriate gov-
ernment 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 sus-
tainable, effective, long-term programs to conserve
neotropical migratory birds; and
(7) provides any other information that the Sec-
retary considers to be necessary for evaluating the
proposal.
(d) PROJECT REPORTING.—Each recipient of assist-
ance for a project under this title shall submit to the Sec-
retary such periodic reports as the Secretary considers to
be necessary. Each report shall include all information re-
quired by the Secretary for evaluating the progress and out-
come of the project.
(e) COST SHARING.—
(1) FEDERAL SHARE.—The Federal share of the
cost of each project shall be not greater than 33 per-
cent.
(2) NON-FEDERAL SHARE.—
(A) SOURCE.—The non-Federal share re-
quired to be paid for a project shall not be de-
rived 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
COUN-
TRIES.—The non-Federal share required to
be paid for a project carried out in a for-
eign country may be paid in cash or in
kind.
SEC. 206. DUTIES OF THE SECRETARY.
In carrying out this title, the Secretary shall—
(1) develop guidelines for the solicitation of pro-
posals for projects eligible for financial assistance
under section 205;
(2) encourage submission of proposals for
projects eligible for financial assistance under section
205, particularly proposals from relevant wildlife
management authorities;
(3) select proposals for financial assistance that
satisfy the requirements of section 205, giving pref-
erence to proposals that address conservation needs
not adequately addressed by existing efforts and that
are supported by relevant wildlife management au-
thorities; and
(4) generally implement this title in accordance
with its purposes.
SEC. 207. COOPERATION.
(a) IN GENERAL.—In carrying out this title, the Sec-
retary shall—
(1) support and coordinate existing efforts to
conserve 
neotropical 
migratory 
bird 
species,
through—
(A) facilitating meetings among persons in-
volved 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 nongovern-
mental organizations; and
(D) conducting such other activities as the
Secretary considers to be appropriate; and
(2) coordinate activities and projects under this
title with existing efforts in order to enhance con-
servation of neotropical migratory bird species.
(b) ADVISORY GROUP.—
(1) IN GENERAL.—To assist in carrying out this
title, the Secretary may convene an advisory group
consisting of individuals representing public and pri-
vate organizations actively involved in the conserva-
tion of neotropical migratory birds.
(2) PUBLIC PARTICIPATION.—
(A) 
MEETINGS.—The 
advisory 
group
shall—
(i) ensure that each meeting of the ad-
visory group is open to the public; and
(ii) provide, at each meeting, an op-
portunity 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 COM-
MITTEE ACT.—The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the advisory
group.
SEC. 208. REPORT TO CONGRESS.
Not later than October 1, 2002, the Secretary shall sub-
mit to Congress a report on the results and effectiveness of
the program carried out under this title, including rec-
ommendations concerning how this title might be improved
and whether the program should be continued.
SEC. 209. NEOTROPICAL MIGRATORY BIRD CONSERVATION
ACCOUNT.
(a) ESTABLISHMENT.—There is established in the Mul-
tinational 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 title.
(2) ADMINISTRATIVE EXPENSES.—Of amounts in
the Account available for each fiscal year, the Sec-
retary may expend not more than 6 percent to pay
the administrative expenses necessary to carry out
this title.
(d) ACCEPTANCE AND USE OF DONATIONS.—The Sec-
retary may accept and use donations to carry out this title.
Amounts received by the Secretary in the form of donations
shall be transferred to the Secretary of the Treasury for de-
posit into the Account.
SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Account
to carry out this title $8,000,000 for each of fiscal years
2000 through 2003, to remain available until expended, of
which not less than 50 percent of the amounts made avail-
able for each fiscal year shall be expended for projects car-
ried out outside the United States.
Amend the title so as to read: ‘‘An Act to assure the
long-term conservation of mid-continent light geese and
the biological diversity of the ecosystem upon which many
North American migratory birds depend, by directing the
Secretary of the Interior to implement rules to reduce the
overabundant population of mid-continent light geese,
and to require the Secretary of the Interior to establish
a program to provide assistance in the conservation of
neotropical migratory birds.’’.