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 non- 
native migratory bird species from the application of 
that Act, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
list shall delay implementation of other provisions of this 
Act that exclude non-native, human introduced bird species 
from the application of the Migratory Bird Treaty Act. 
TITLE 
II—CONSERVATION 
OF 
NEOTROPICAL 
MIGRATORY 
BIRDS 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Neotropical Migratory 
Bird Conservation Improvement Act of 2004’’. 
SEC. 202. AMENDMENTS TO NEOTROPICAL MIGRATORY 
BIRD CONSERVATION ACT. 
(a) FINDINGS.—Section 2(1) of the Neotropical Migra-
tory Bird Conservation Act (16 U.S.C. 6101(1)) is amended 
by inserting ‘‘but breed in Canada and the United States’’ 
after ‘‘the Caribbean’’. 
(b) PURPOSES.—Section 3(2) of the Neotropical Mi-
gratory Bird Conservation Act (16 U.S.C. 6102(2)) is 
amended by inserting ‘‘Canada,’’ after ‘‘United States,’’. 
(c) DEFINITION
OF CARIBBEAN.—Section 4 of the 
Neotropical Migratory Bird Conservation Act is amended 
by redesignating paragraphs (2) and (3) in order or para-
graphs (3) and (4), and by inserting paragraph (1) the fol-
lowing: 
‘‘(2) CARIBBEAN.—The term ‘Caribbean’ includes 
Puerto Rico and the United States Virgin Islands.’’.
(d) COST SHARING.—Section 5(e) of the Neotropical 
Migratory Bird Conservation Act (16 U.S.C. 6104(e)) is 
amended— 
(1) in paragraph (1) by striking ‘‘25 percent’’ 
and inserting ‘‘50 percent’’; and 
(2) in paragraph (2) by amending subparagraph 
(B) to read as follows: 
‘‘(B) FORM OF PAYMENT.— 
‘‘(i) PROJECTS IN THE UNITED STATES 
AND
CANADA.—The non-Federal share re-
quired to be paid for a project carried out 
in the United States or Canada shall be 
paid in cash. 
‘‘(ii) PROJECTS IN LATIN AMERICA AND 
THE
CARIBBEAN.—The non-Federal share 
required to be paid for a project carried out 
in Latin America or the Caribbean may be 
paid in cash or in kind.’’. 
(e) REPORT.—Section 8 of the Neotropical Migratory 
Bird Conservation Act (16 U.S.C. 6107) is amended— 
(1) by striking ‘‘October 1, 2002,’’ and inserting 
‘‘12 months after the date of the enactment of the 
Neotropical Migratory Bird Conservation Improve-
ment Act of 2004,’’; and
(2) by inserting before the period the following: 
‘‘, and a description of the activities of the advisory 
committee convened under section 7(b)’’. 
(f) NEOTROPICAL MIGRATORY BIRD CONSERVATION 
FUND.— 
(1) IN GENERAL.— Section 9 of the Neotropical 
Migratory Bird Conservation Act (16 U.S.C. 6108) is 
amended by striking so much as precedes subsection 
(c) and inserting the following: 
‘‘SEC. 9. NEOTROPICAL MIGRATORY BIRD CONSERVATION 
FUND. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Treasury a separate account, which shall be known as the 
‘Neotropical Migratory Bird Conservation Fund’. The Fund 
shall consist of amounts deposited into the Fund by the Sec-
retary of the Treasury under subsection (b). 
‘‘(b) DEPOSITS INTO THE FUND.—The Secretary of the 
Treasury shall deposit into the Fund— 
‘‘(1) all amounts received by the Secretary in the 
form of donations under subsection (d); and 
‘‘(2) other amounts appropriated to the Fund.’’. 
(2) 
ADMINISTRATIVE
EXPENSES.—Section 
9(c)(2) of the Neotropical Migratory Bird Conserva-
tion Act (16 U.S.C. 6108(c)(2)) is amended by strik-
ing ‘‘$80,000’’ and inserting ‘‘$150,000’’.
(3) 
CONFORMING
AMENDMENTS.—The 
Neotropical Migratory Bird Conservation Act is 
amended as follows: 
(A) In section 4 (16 U.S.C. 6103), by strik-
ing paragraph (1) and inserting the following: 
‘‘(1) FUND.—The term ‘Fund’ means the 
Neotropical Migratory Bird Conservation Fund estab-
lished by section 9(a).’’. 
(B) In section 9(d) (16 U.S.C. 6108(d)), by 
striking ‘‘Account’’ and inserting ‘‘Fund’’. 
(4) TRANSFER.—The Secretary of the Treasury 
may transfer to the Neotropical Migratory Bird Con-
servation Fund amounts that were in the Neotropical 
Migratory Bird Conservation Account immediately 
before the enactment of this Act. 
(g) AUTHORIZATION OF APPROPRIATIONS.—Section 10 
of the Neotropical Migratory Bird Conservation Act (16 
U.S.C. 6109) is amended to read as follows: 
‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) IN GENERAL.—There is authorized to be appro-
priated to the Fund to carry out this Act the following 
amounts: 
‘‘(1) $5,000,000 for fiscal year 2005. 
‘‘(2) $5,000,000 for fiscal year 2006. 
‘‘(3) $10,000,000 for fiscal year 2007.
‘‘(4) $15,000,000 for fiscal year 2008. 
‘‘(b) AVAILABILITY.—Amounts appropriated under 
this section may remain available until expended. 
‘‘(c) ALLOCATION.—Of amounts appropriated under 
this section for each fiscal year, not less than 75 percent 
shall be expended for projects carried out outside the United 
States. 
‘‘(d) LIMITATION ON EXPENDITURES FOR PROJECTS IN 
CANADA.—Amounts appropriated under this section for a 
fiscal year may not be used for any project in Canada un-
less the amount available to carry out this Act for that fiscal 
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 ex-
clude non-native migratory bird species from the 
application of that Act, and for other purposes. 
JUNE 3, 2004 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed