I
105TH CONGRESS
2D SESSION
H. R. 4517
To assist in the conservation of neotropical migratory birds by supporting
and providing financial resources for the conservation programs of na-
tions within the range of neotropical migratory birds and projects of
persons with demonstrated expertise in the conservation of these species.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 6, 1998
Mr. YOUNG of Alaska introduced the following bill; which was referred to the
Committee on Resources
A BILL
To assist in the conservation of neotropical migratory birds
by supporting and providing financial resources for the
conservation programs of nations within the range of
neotropical migratory birds and projects of persons with
demonstrated expertise in the conservation of these
species.
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 Habitat Enhancement Act’’.
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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 an 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 birds 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
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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.
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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 and protection
of neotropical migratory birds by supporting the
conservation programs of neotropical migratory bird
range states and the CITES Secretariat.
(3) To provide financial resources for those pro-
grams.
SEC. 4. DEFINITIONS.
In this Act:
(1) The term ‘‘CITES’’ means the Convention
on International Trade in Endangered Species of
Wild Fauna and Flora, signed on March 3, 1973,
and its appendices.
(2) The term ‘‘Commission’’ means the Migra-
tory Bird Conservation Commission established by
the Migratory Bird Conservation Act (16 U.S.C. 715
et seq.).
(3) The term ‘‘conservation’’ means the use of
methods 
and 
procedures 
necessary 
to 
bring
neotropical migratory birds to the point at which
there are sufficient populations in the wild to ensure
that the various species of such birds do not become
extinct, including all activities associated with sci-
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entific resource management, such as conservation,
protection, restoration, acquisition, and management
of habitat; research and monitoring of known popu-
lations; 
CITES 
enforcement; 
law 
enforcement
through community participation; conflict resolution
initiatives; and community outreach and education.
(4) The term ‘‘Fund’’ means the Neotropical
Migratory Bird Conservation Fund established
under section 6(a).
(5) The term ‘‘Secretary’’ means the Secretary
of the Interior.
SEC. 5. NEOTROPICAL MIGRATORY BIRD CONSERVATION
ASSISTANCE.
(a) ASSISTANCE AUTHORIZED.—
(1) IN
GENERAL.—The Secretary, subject to
the availability of funds and in consultation with the
Commission, shall use amounts in the Fund to pro-
vide financial assistance for projects for the con-
servation of neotropical migratory birds for which
final project proposals are approved by the Secretary
in accordance with this section.
(2) PRIORITY.—The Secretary shall provide
that assistance in accordance with the following pri-
ority:
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(A) First, for projects proposed by relevant
wildlife management authorities referred to in
subsection (b).
(B) Second, for projects proposed by the
CITES Secretariat.
(C) Third, for projects proposed by any
other person.
(b) PROJECT PROPOSAL.—Any relevant wildlife man-
agement authority of a nation within the range of
neotropical migratory birds whose activities directly or in-
directly affect neotropical migratory bird populations, the
CITES Secretariat, or any person with demonstrated ex-
pertise in the conservation of neotropical migratory birds,
may submit to the Secretary a project proposal under this
section. Each proposal shall include the following:
(1) The name of the individual responsible for
conducting the project.
(2) A succinct statement of the purposes of the
project.
(3) A description of the qualifications of the in-
dividuals who will conduct the project.
(4) An estimate of the funds and time required
to complete the project.
(5) Evidence of support of the project by appro-
priate governmental entities of countries in which
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the project will be conducted, if the Secretary deter-
mines that the support is required for the success
of the project.
(6) Information regarding the source and
amount of matching funding available to the appli-
cant.
(7) Any other information the Secretary consid-
ers to be necessary for evaluating the eligibility of
the project for funding under this Act.
(c) PROJECT REVIEW AND APPROVAL.—
(1) IN GENERAL.—Within 30 days after receiv-
ing a final project proposal, the Secretary shall pro-
vide a copy of the proposal to the Commission. The
Secretary shall review each final project proposal to
determine if it meets the criteria set forth in sub-
section (d).
(2) 
CONSULTATION; 
APPROVAL
OR
DIS-
APPROVAL.—Not later than 6 months after receiving
a final project proposal, and subject to the availabil-
ity of funds, the Secretary, after consulting with the
Commission, shall—
(A) request written comments on the pro-
posal from each country within which the
project is to be conducted;