| Home > 106th Congressional Public Laws > Pub.L. 106-248 To authorize the acquisition of the Valles Caldera, to provide for an effective land and wildlife management program for this resource within the Department of Agriculture, and for other purposes. <> %%Filen...
Pub.L. 106-248 To authorize the acquisition of the Valles Caldera, to provide for an effective land and wildlife management program for this resource within the Department of Agriculture, and for other purposes. <> %%Filen...
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[[Page 114 STAT. 593]]
Public Law 106-247
To require the Secretary of the Interior to establish a program to
provide assistance in the conservation of neotropical migratory
birds. <<NOTE: July 20, 2000 - [S. 148]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Neotropical
Migratory Bird Conservation Act. Foreign relations. Inter-governmental
SECTION 1. SHORT TITLE. <<NOTE: 16 USC 6101 note.>>
This Act may be cited as the ``Neotropical Migratory Bird
SEC. 2. FINDINGS. <<NOTE: 16 USC 6101.>>
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;
(B) the primary reason for the decline in the populations of
those species is habitat loss and degradation (including
pollution 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
migratory birds and their habitat, those initiatives can be
significantly strengthened and enhanced by increased
SEC. 3. PURPOSES. <<NOTE: 16 USC 6102.>>
The purposes of this Act are--
(1) to perpetuate healthy populations of neotropical
(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. <<NOTE: 16 USC 6103.>>
In this Act:
[[Page 114 STAT. 594]]
(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
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. <<NOTE: 16 USC 6104.>>
(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 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
(3) a State, municipality, or political subdivision of a
(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.
(c) Project Proposals.--To be considered for financial assistance
for a project under this Act, an applicant shall submit a project
(A) the name of the individual responsible for the
(B) a succinct statement of the purposes of the
(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
(2) demonstrates that the project will enhance the
conservation 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 implemented
in consultation with relevant wildlife management authorities
and other appropriate government officials with jurisdiction
over the resources addressed by the project;
[[Page 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,
effective, long-term programs to conserve neotropical migratory
(7) provides any other information that the Secretary
considers 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 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 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
(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
(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. <<NOTE: 16 USC 6105.>>
In carrying out this Act, the Secretary shall--
(1) <<NOTE: Guidelines.>> develop guidelines for the
solicitation of proposals for 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
SEC. 7. COOPERATION. <<NOTE: 16 USC 6106.>>
(a) In General.--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 involved in
(B) promoting the exchange of information among such
(C) developing and entering into agreements with
other Federal agencies, foreign, State, and local
governmental agencies, and nongovernmental
(D) conducting such other activities as the
Secretary considers to be appropriate; and
[[Page 114 STAT. 596]]
(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
individuals representing public and private organizations
actively involved in the conservation of neotropical migratory
(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
statements concerning items on the agenda.
(B) Notice.--The Secretary shall provide to the
public timely notice of each meeting of the advisory
(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.
SEC. 8. REPORT TO CONGRESS. <<NOTE: 16 USC 6107.>>
Not later than October 1, 2002, <<NOTE: Deadline.>> 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
SEC. 9. <<NOTE: 16 USC 6108.>> NEOTROPICAL MIGRATORY BIRD CONSERVATION
(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.
(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 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.
[[Page 114 STAT. 597]]
SEC. 10. AUTHORIZATION OF APPROPRIATIONS. <<NOTE: 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).
Vol. 145 (1999):
Apr. 13, considered and passed
Vol. 146 (2000):
June 26, considered and passed
June 29, Senate concurred in House
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106th Congressional Public Laws Records and Documents
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