Neotropical Migratory Bird Conservation Act
PL 106-247 (S.148), enacted 07/20/2000

PUBLIC LAW 106-247-^ULY 20, 2000 
114 STAT. 593 
Public Law 106-247 
106th Congress 
An Act 
To require the Secretary of the Interior to estabhsh a program to provide assistance 
in the conservation of neotropical migratory birds. 
Be it enacted by the Senate and House of Representatives 
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) of the nearly 800 bird species known to occur in the 
United States, approximately 500 migrate among countries, 
and the large majority of those species, the neotropical 
migrants, winter in Latin America 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 populations, 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 degradation (including pollu-
tion 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 conserve migra-
tory birds and their habitat, those initiatives can be signifi-
cantly strengthened and enhanced by increased coordination. 
SEC. 3. PURPOSES. 
The purposes of this Act are— 
(1) to perpetuate healthy populations of neotropical migra-
tory birds; 
(2) to assist in the conservation of neotropical migratory 
birds by supporting conservation initiatives in the United 
States, Latin America, and the Caribbean; and 
(3) to provide financial resources and to foster international 
cooperation for those initiatives. 
SEC. 4. DEFINITIONS. 
In this Act: 
July 20, 2000 
[S. 148] 
Neotropical 
Migratory Bird 
Conservation 
Act. 
Foreign relations. 
Inter-
govermnental 
relations. 
16 u s e 6101 
note. 
16 u s e 6101. 
16 u s e 6102. 
16 u s e 6103. 
114 STAT. 594 
PUBLIC LAW 1 0 6 - 2 4 7 - J U L Y 20, 2000 
(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 species, including— 
(A) protection and management of neotropical migra-
tory bird populations; 
(B) maintenance, management, protection, and restora-
tion 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. 
16 use 6104. 
SEC. 5. FINANCIAL ASSISTANCE. 
(a) IN GENERAL.—^The Secretary shall establish a program to 
provide financial assistance for projects to promote the conservation 
of neotropical migratory birds. 
(b) PROJECT APPLICANTS.—^A project proposal may be submitted 
b y -
(1) an individual, corporation, partnership, trust, associa-
tion, or other private entity; 
(2) an officer, employee, agent, department, or instrumen-
tality 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 subdivision 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 Immunities Act (22 U.S.C. 
288)). 
(c) PROJECT PROPOSALS.—^To be considered for financial assist-
ance for a project under this Act, 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 individuals 
conducting the project; and 
(D) an estimate of the funds and time necessary to 
complete the project, including sources and amounts of 
matching funds; 
(2) demonstrates that the project will enhance the conserva-
tion of neotropical migratory bird species in the United States, 
Latin America, or the Caribbean; 
(3) includes mechanisms to ensure adequate local public 
participation in project development and implementation; 
(4) contains assurances that the project will be imple-
mented in consultation with relevant wildlife management 
authorities and other appropriate government officials with 
jurisdiction over the resources addressed by the project; 
PUBLIC LAW 106-247-^TULY 20, 2000 
114 STAT. 595 
(5) demonstrates sensitivity to local historic and cultural 
resources and complies with applicable laws; 
(6) describes how the project will promote sustainable, effec-
tive, long-term programs to conserve neotropical migratory 
birds; and 
(7) provides any other information that the Secretary con-
siders to be necessary for evaluating the proposal. 
(d) PROJECT REPORTING.—Each recipient of assistance for a 
project under this Act shall submit to the Secretary such periodic 
reports as the Secretary considers to be necessary. Each report 
shall include all information required by the Secretary for evalu-
ating 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 25 percent. 
(2) NON-FEDERAL SHARE.— 
(A) SOURCE.—^The non-Federal share required to be 
paid for a project shall not be derived 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 COUNTRIES.—^The 
non-
Federal share required to be paid for a project carried 
out in a foreign country may be paid in cash or in 
kind. 
SEC. 6. DUTIES OF THE SECRETARY. 
16USC6105. 
In carrying out this Act, the Secretary shall— 
(1) develop guidelines for the solicitation of proposals for Guidelines, 
projects eligible for financial assistance under section 5; 
(2) encourage submission of proposals for projects eligible 
for financial assistance under section 5, particularly proposals 
from relevant wildlife management authorities; 
(3) select proposals for financial assistance that satisfy 
the requirements of section 5, giving preference to proposals 
that address conservation needs not adequately addressed by 
existing efforts and that are supported by relevant wildlife 
management authorities; and 
(4) generally implement this Act in accordance with its 
purposes. 
SEC. 7. COOPERATION. 
16 USC 6106. 
(a) IN GENERAL.—In canying out this Act, the Secretary shall— 
(1) support and coordinate existing efforts to conserve 
neotropical migratory bird species, through— 
(A) facilitating meetings among persons involved 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 nongovernmental organizations; and 
(D) conducting such other activities as the Secretary 
considers to be appropriate; and 
114 STAT. 596 
PUBLIC LAW 106-247—JULY 20, 2000 
(2) coordinate activities and projects under this Act with 
existing efforts in order to enhance conservation of neotropical 
migratory bird species, 
(b) ADVISORY GROUP.— 
(1) IN GENERAL.—To assist in carrying out this Act, the 
Secretary may convene an advisory group consisting of individ-
uals representing public and private organizations actively 
involved in the conservation of neotropical migratory birds. 
(2) PUBLIC PARTICIPATION.— 
(A) MEETINGS.—The advisory group shall— 
(i) ensure that each meeting of the advisory group 
is open to the public; and 
(ii) provide, at each meeting, an opportunity for 
interested persons to present oral or written state-
ments 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 COMMITTEE ACT.— 
The Federal Advisory Committee Act (5 U.S.C. App.) shall 
not apply to the advisory group. 
16 use 6107. 
SEC. 8. REPORT TO CONGRESS. 
Deadline. 
Not later than October 1, 2002, the Secretary shall submit 
to Congress a report on the results and effectiveness of the program 
carried out under this Act, including recommendations concerning 
how the Act might be improved and whether the program should 
be continued. 
16 use 6108. 
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 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 appro-
priation, 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 3 percent or up to $80,000, whichever is greater, 
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 donations shall be transferred 
to the Secretary of the Treasury for deposit into the Account. 
PUBLIC LAW 106-247—JULY 20, 2000 
114 STAT. 597 
SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
16 USC 6109. 
There is authorized to be appropriated to the Account to carry 
out this Act $5,000,000 for each of fiscal years 2001 through 2005, 
to remain available until expended, of which not less than 75 
percent of the amounts made available for each fiscal year shall 
be expended for projects carried out outside the United States. 
Approved July 20, 2000. 
LEGISLATIVE HISTORY—S. 148 (H.R. 39): 
HOUSE REPORTS: No. 106-80 accompanying H.R. 39 (Comm. on Resources). 
SENATE REPORTS: No. 106-36 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD: 
Vol. 145 (1999): Apr. 13, considered and passed Senate. 
Vol. 146 (2000): June 26, considered and passed House, amended. 
June 29, Senate concurred in House amendment.