Neotropical Migratory Bird Conservation Act

PUBLIC LAW 106–247—JULY 20, 2000

114 STAT. 593

Public Law 106–247
106th Congress
An Act
To require the Secretary of the Interior to establish 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 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 coordination.
SEC. 3. PURPOSES.

July 20, 2000
[S. 148]
Neotropical
Migratory Bird
Conservation
Act.
Foreign relations.
Intergovernmental
relations.
16 USC 6101
note.
16 USC 6101.

16 USC 6102.

The purposes of this Act are—
(1) to perpetuate healthy populations of neotropical migratory 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.

16 USC 6103.

In this Act:
★ (Star Print)

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114 STAT. 594

PUBLIC LAW 106–247—JULY 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 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.

16 USC 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
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 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 assistance 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 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;

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PUBLIC LAW 106–247—JULY 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, effective, long-term programs to conserve neotropical migratory
birds; and
(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
grant program.
(B) FORM OF PAYMENT.—
(i) PROJECTS IN THE UNITED STATES.—The nonFederal 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 nonFederal 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.

16 USC 6105.

In carrying out this Act, the Secretary shall—
(1) 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
purposes.
SEC. 7. COOPERATION.

Guidelines.

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
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

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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 individuals 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 statements 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 USC 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 USC 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 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.

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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.

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