I
106TH CONGRESS
1ST SESSION
H. R. 39
To require the Secretary of the Interior to establish a program to provide
assistance in the conservation of neotropical migratory birds.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 6, 1999
Mr. YOUNG of Alaska (for himself, Mr. SAXTON, and Mr. GEORGE MILLER
of California) introduced the following bill; which was referred to the
Committee on Resources
A BILL
To require the Secretary of the Interior to establish a pro-
gram to provide assistance in the conservation of
neotropical migratory birds.
Be it enacted by the Senate and House of Representa-
tives 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.
The Congress finds the following:
(1) Neotropical migratory bird populations in
nations within the range of neotropical migratory
birds have continued to decline to the point that the
long-term survival of various species in the wild is
in jeopardy.
(2) 90 North American bird species are listed
as endangered species or threatened species under
section 4 of the Endangered Species Act of 1973,
and 124 species of migratory birds are currently on
the United States Fish and Wildlife Service’s List of
Migratory Nongame Birds of Management Concern.
(3) The United States, through 4 bilateral trea-
ties, has responsibility of maintaining healthy popu-
lations of 778 species of migratory nongame birds
and 58 species of migratory game birds that migrate
between the Caribbean, Latin America, and North
America.
(4) The Government of Mexico presently lists
approximately 390 bird species as endangered,
threatened, vulnerable, or rare.
(5) Healthy bird populations provide important
economic benefits, such as control of detrimental in-
sects on agricultural crops, thus preventing the loss
of millions of dollars each year to farming and tim-
ber interests.
(6) Neotropical migratory birds travel across
many international borders, therefore the conserva-
tion of these species requires that safeguards be es-
tablished at both the beginning and end of the mi-
gration routes, as well as at essential stopover areas
along the way.
(7) Because the challenges facing the conserva-
tion of neotropical migratory birds are so great, re-
sources to date have not been sufficient to cope with
continued loss of habitat and the consequent reduc-
tion of neotropical migratory bird populations.
(8) To reduce, remove, or otherwise effectively
address these treaties through the long-term viability
of populations of neotropical migratory birds in the
wild will require the joint commitment and efforts of
nations within the range of neotropical migratory
birds and the private sector.
(9) A Neotropical Migratory Bird Conservation
fund would much-needed support for projects aimed
at protecting critical habitat for declining migratory
bird species, in an innovative way that promotes con-
servation partnerships and cost sharing through
joint Federal and non-Federal support mechanisms.
SEC. 3. PURPOSES.
The purposes of this Act are the following:
(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.
(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 spe-
cies, 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 pro-
mote 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 Immu-
nities Act (22 U.S.C. 288)).
(c) PROJECT PROPOSALS.—To be considered for fi-
nancial assistance for a project under this Act, an appli-
cant 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 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 spe-
cies in Latin America, the Caribbean, or the United
States;
(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 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 Act 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
outcome of the project.
(e) COST SHARING.—
(1) FEDERAL SHARE.—The Federal share of
the cost of each project shall be not greater than 33
percent.
(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. 6. DUTIES OF THE SECRETARY.
In carrying out this Act, the Secretary shall—
(1) develop guidelines for the solicitation of pro-
posals for projects eligible for financial assistance
under section 5;
(2) encourage submission of proposals for
projects eligible for financial assistance under sec-
tion 5, particularly proposals from relevant wildlife
management authorities;
(3) select proposals for financial assistance that
satisfy the requirements of section 5, giving priority
to proposals that address conservation needs not
adequately addressed by existing efforts and that are
supported by relevant wildlife management authori-
ties; and
(4) generally implement this Act in accordance
with its purposes.
SEC. 7. COOPERATION.
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 in-
volved in such efforts;
(B) promoting the exchange of information
among such persons;
(C) developing and entering into agree-
ments 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 con-
servation of neotropical migratory bird species.
SEC. 8. REPORT TO CONGRESS.
Not later than October 1, 2002, the Secretary shall
submit to Congress a report on the results and effective-
ness of the program carried out under this Act, including
recommendations concerning how the Act might be im-
proved and whether the program should be continued in
the future.
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 Mi-
gratory 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 6 percent 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 do-
nations shall be transferred to the Secretary of the Treas-
ury for deposit into the Account.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Account
to carry out this Act $8,000,000 for each of fiscal years
2000 through 2004, to remain available until expended,
of which not less than 50 percent of the amounts made
available for each fiscal year shall be expended for projects
carried out outside the United States.
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