I
106TH CONGRESS
1ST SESSION
H. R. 381
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 19, 1999
Mr. GREENWOOD (for himself, Mr. BOEHLERT, Mrs. JOHNSON of Connecticut,
and Mr. SHAYS) 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.
Congress finds that—
(1)(A) birds constitute one of the most widely
recognized and appreciated components of North
American wildlife;
(B) approximately 25,000,000 Americans travel
to observe birds; and
(C) more than 60,000,000 adult Americans
watch and feed birds at home;
(2) birds—
(A) are key indicators of environmental
health;
(B) play important roles in plant polli-
nation and seed dispersal;
(C) serve as critical links in the food web;
and
(D) maintain the health of the environ-
ment;
(3)(A) healthy bird populations provide impor-
tant economic benefits, such as control of noxious
insects on agricultural crops, thereby preventing
hundreds of millions of dollars in economic losses
each year to farming and timber interests; and
(B) more than $20,000,000,000 is spent in the
United States each year on watching and feeding
birds;
(4)(A) despite their irreplaceable value, many
North American bird species, once considered com-
mon, are in decline;
(B) 90 North American bird species are listed
as endangered or threatened in the United States;
(C) another 124 North American bird species
are of high conservation concern; and
(D) Mexico’s Secretariat of Environment, Natu-
ral Resources and Fisheries lists approximately 390
bird species as being endangered, threatened, vulner-
able, or rare;
(5)(A) of the nearly 800 bird species known to
occur in the United States, approximately 500 mi-
grate among nations;
(B) the large majority of those species, the
neotropical migrants, winter in Latin America and
the Caribbean; and
(C) neotropical migrants in particular have re-
ceived much attention because of their population
declines;
(6)(A) the primary reason for the declines is
habitat loss and degradation (including pollution and
contamination);
(B) because neotropical migrants range across
numerous international borders each year, their con-
servation requires that safeguards be established at
both ends of the migration routes, as well as at criti-
cal stopover areas along the way; and
(C) establishing such safeguards necessitates
the joint commitment and effort of all nations that
support those species, as well as all levels of society;
and
(7) this Act constitutes an effort on the part of
the United States to adopt appropriate measures for
the protection of migratory birds in collaboration
with—
(A) neighboring nations that are parties to
the Convention Respecting Nature Protection
and Wildlife Preservation in the Western Hemi-
sphere, done at the Pan American Union,
Washington, October 12, 1940 (56 Stat. 1354);
and
(B) States, conservation organizations, cor-
porations and business interests, and other pri-
vate entities.
SEC. 3. PURPOSES.
The purposes of this Act are—
(1) to assist in the conservation of neotropical
migratory birds by supporting neotropical migratory
bird conservation programs in Latin America, the
Caribbean, and the United States with a focus on
reversing habitat loss and degradation;
(2) to promote partnerships between Federal,
State, and nongovernmental entities in the United
States in the conservation of neotropical migratory
birds;
(3) to foster active governmental and non-
governmental participation in neotropical migratory
bird conservation by cooperating countries through-
out Latin America and the Caribbean;
(4) to promote circumstances under which the
conservation of neotropical migratory birds in Latin
America and the Caribbean may be carried out by
local entities;
(5) to provide financial resources for projects
that support neotropical migratory bird conserva-
tion;
(6) to promote the effective conservation of
neotropical migratory birds in the Western Hemi-
sphere through collaboration at all levels of society;
and
(7) to link, bolster, and augment successful ex-
isting neotropical migratory bird conservation ef-
forts, rather than creating new and separate initia-
tives.
SEC. 4. CONSERVATION ASSISTANCE.
(a) IN GENERAL.—The Secretary of the Interior, act-
ing through the Director of the United States Fish and
Wildlife Service (referred to in this Act as the ‘‘Sec-
retary’’), shall establish a program to provide financial as-
sistance for projects to promote the conservation of
neotropical migratory birds.
(b) PROJECT APPLICANTS.—An entity that is eligible
to receive financial assistance for a project under this Act
is an entity that—
(1) is—
(A) a Federal, State, or local governmental
entity of the United States;
(B) a United States nongovernmental or-
ganization, corporation or business interest, or
other private entity;
(C) a governmental or nongovernmental
organization, corporation or business interest,
or other private entity in Latin America or the
Caribbean; or
(D) an international organization that is
dedicated to achieving the purposes of this Act;
and
(2) submits a project proposal to the Secretary.
(c) PROJECT PROPOSALS.—Each project proposal
shall—
(1) demonstrate that the project will enhance
the conservation of neotropical migratory birds in
Latin America, the Caribbean, or the United States
by focusing on reversing habitat loss and degrada-
tion;
(2) include mechanisms to ensure adequate
local public participation in project development and
implementation;
(3) contain assurances that the project will be
implemented in consultation with appropriate local
and other government officials with jurisdiction over
the resources addressed by the project;
(4) demonstrate sensitivity to local historic and
cultural resources and comply with applicable laws;
and
(5) provide any other information that the Sec-
retary considers to be necessary for evaluating the
proposal.
(d) PROJECT SUSTAINABILITY.—To the maximum
extent practicable, each project shall aim to support or es-
tablish such structures as are necessary to ensure achieve-
ment of conservation objectives specified in this Act, in-
cluding the long-term operation and maintenance of the
project by local entities in the country in which the project
is carried out.
(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) PAYMENT
BY
UNITED
STATES
AND
INTERNATIONAL ENTITIES.—Not less than 50
percent of the non-Federal share of the costs of
each project shall be covered by—
(i) United States nongovernmental or-
ganizations;
(ii) international nongovernmental or-
ganizations;
(iii) States of the United States and
other United States non-Federal entities;
and
(iv) corporations, business interests,
and other private entities.
(B) PAYMENT
BY
LOCAL
ENTITIES.—In
addition to the non-Federal share provided
under subparagraph (A), the entity submitting
the proposal for a project to be assisted under
this Act shall obtain matching support from
local entities in the country in which the project
is carried out, including corporations and busi-
ness interests, sufficient to pay not less than 50
percent of the non-Federal share of the costs of
the project.
(C) FORM
OF
PAYMENT
BY
UNITED
STATES
AND
INTERNATIONAL
ENTITIES.—In
the case of a project submitted by an entity in
the United States, the non-Federal share shall
be paid in cash. In the case of a project submit-
ted by any other entity, the non-Federal share
may be provided in the form of cash or in-kind
contributions.
SEC. 5. NEOTROPICAL MIGRATORY BIRD ADVISORY COM-
MITTEE.
(a) 
ESTABLISHMENT.—There 
is 
established 
a
Neotropical Migratory Bird Advisory Committee (referred
to in this Act as the ‘‘Committee’’) to assist in carrying
out this Act.
(b) MEMBERSHIP.—
(1) VOTING MEMBERS.—The Committee shall
have 14 voting members, appointed as follows:
(A) 8 members appointed by the Secretary,
1 of whom shall be designated by the Secretary
to chair the Committee. Six of the members ap-
pointed under this subparagraph shall be ap-
pointed from individuals representing non-Fed-
eral entities having a strong interest in
neotropical bird conservation. Members ap-
pointed under this subparagraph shall serve a
term of 2 years. Appointments under this sub-
paragraph shall be rotated among various non-
Federal entities.
(B) 1 member appointed by the Inter-
national Association of Fish and Wildlife Agen-
cies, who shall not be required to be an officer
or employee of the Association.
(C) 1 member appointed by the National
Fish and Wildlife Foundation established by the
National Fish and Wildlife Foundation Estab-
lishment Act (16 U.S.C. 3701 et seq.), who
shall not be required to be an officer or em-
ployee of the Foundation.
(D) 1 member appointed by the Speaker of
the House of Representatives.
(E) 1 member appointed by the Majority
Leader of the Senate.
(F) 1 member appointed by the Director of
the Agency for International Development.
(G) 1 member appointed by the Secretary
of State.
(2) NONVOTING MEMBER.—The Secretary shall
ensure that one representative of Canada is allowed
to attend meetings of the Committee as an observer.
(A) IN
GENERAL.—The Committee shall
include 3 nonvoting members appointed by the
Director of the United States Fish and Wildlife
Service, each of whom—
(i) is a native and resident of Latin
America or the Caribbean; and
(ii) is actively involved in local con-
servation efforts in Latin America or the
Caribbean.
(B) CONDITIONS
OF
SERVICE
AS
MEM-
BER.—The member described in subparagraph
(A) shall serve in an advisory capacity and for
a 2-year term.
(c) DUTIES.—The Committee shall—
(1) assist in the development of guidelines for
the solicitation of proposals for projects eligible for
financial assistance under section 4;
(2) promote participation in the program estab-
lished under section 4 by public and private non-
Federal entities;
(3) review and recommend to the Secretary pro-
posals for financial assistance that meet the require-
ments specified in section 4 and any other criteria
established by the Committee; and
(4) coordinate and facilitate grant processes
under this Act among entities involved in neotropical
bird conservation.
(d) MEETINGS.—The Committee shall hold such
meetings as are necessary to carry out the duties of the
Committee.
(e) COMPENSATION.—
(1) IN GENERAL.—Subject to paragraph (2), a
member of the Committee shall not receive any com-
pensation for the service of the member on the Com-
mittee.
(2) TRAVEL
EXPENSES.—A member of the
Committee shall be allowed travel expenses, includ-
ing per diem in lieu of subsistence, at rates author-
ized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while
away from the home or regular place of business of
the member in the performance of services for the
Committee.
(f) ELIGIBILITY FOR FINANCIAL ASSISTANCE.—An
entity represented by a member of the Committee shall
not be eligible to receive financial assistance under this
Act.
SEC. 6. DUTIES OF SECRETARY.
(a) ASSISTANCE
TO COMMITTEE.—The Secretary
shall facilitate consideration of projects described in sec-
tion 4(a) by the Committee and otherwise assist the Com-
mittee in carrying out its duties under this Act.
(b) OTHER DUTIES.—In carrying out this Act, the
Secretary shall—
(1) develop and oversee agreements to provide
financial assistance under section 4;
(2) seek cooperators described in section 7;
(3) translate documents into Spanish as nec-
essary; and
(4) generally manage implementation of this
Act.
(c) FUNDING.—The Secretary may use funds de-
scribed in section 9(b) to carry out this section.
SEC. 7. COOPERATION.
In carrying out this Act, the Secretary shall cooperate
with appropriate entities, including—
(1) appropriate officials in countries where
projects authorized by this Act are proposed to be
carried out or are being carried out;
(2) the heads of other Federal agencies; and
(3) entities carrying out, as of the date of en-
actment of this Act, initiatives that support bird
conservation in Latin America and the Caribbean,
such as Partners in Flight, the North American Wa-
terfowl Management Plan, the Western Hemisphere
Shorebird Reserve Network, Winged Ambassadors,
the Latin America small grants program of the
American Bird Conservancy, and Wings of the
Americas.
SEC. 8. REPORT TO CONGRESS.
Not later than December 31, 2004, the Secretary
shall submit to Congress a report on the results and effec-
tiveness of the program carried out under this Act, includ-
ing recommendations concerning how the Act might be im-
proved and whether the program should be continued.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated to carry out this Act $4,000,000 for each of fiscal
years 2000 through 2002, to remain available until ex-
pended.
(b) ADMINISTRATIVE EXPENSES.—For each fiscal
year, of the amounts made available to carry out this Act
under subsection (a), the Secretary may use not more than
10 percent to pay administrative expenses incurred in car-
rying out this Act.
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