Neotropical Migratory Bird Conservation Act

-CITE-
16 USC CHAPTER 80 - NEOTROPICAL MIGRATORY BIRD
CONSERVATION 01/07/2011

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 80 - NEOTROPICAL MIGRATORY BIRD CONSERVATION

-HEAD-
CHAPTER 80 - NEOTROPICAL MIGRATORY BIRD CONSERVATION

-MISC1-
Sec.
6101. Findings.
6102. Purposes.
6103. Definitions.
6104. Financial assistance.
6105. Duties of the Secretary.
6106. Cooperation.
6107. Report to Congress.
6108. Neotropical Migratory Bird Conservation Fund.
6109. Authorization of appropriations.

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16 USC Sec. 6101 01/07/2011

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TITLE 16 - CONSERVATION
CHAPTER 80 - NEOTROPICAL MIGRATORY BIRD CONSERVATION

-HEAD-
Sec. 6101. Findings

-STATUTE-
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 but breed in Canada and the
United States;
(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.

-SOURCE-
(Pub. L. 106-247, Sec. 2, July 20, 2000, 114 Stat. 593; Pub. L. 109-
363, title III, Sec. 302(a), Oct. 17, 2006, 120 Stat. 2075.)

-MISC1-
AMENDMENTS
2006 - Par. (1). Pub. L. 109-363 inserted "but breed in Canada
and the United States" after "the Caribbean".

SHORT TITLE OF 2006 AMENDMENT
Pub. L. 109-363, title III, Sec. 301, Oct. 17, 2006, 120 Stat.
2075, provided that: "This title [amending this section and
sections 6102 to 6104 and 6106 to 6109 of this title and enacting
provisions set out as notes under sections 6106 and 6108 of this
title] may be cited as the 'Neotropical Migratory Bird Conservation
Improvement Act of 2006'."

SHORT TITLE
Pub. L. 106-247, Sec. 1, July 20, 2000, 114 Stat. 593, provided
that: "This Act [enacting this chapter] may be cited as the
'Neotropical Migratory Bird Conservation Act'."

-End-

-CITE-
16 USC Sec. 6102 01/07/2011

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 80 - NEOTROPICAL MIGRATORY BIRD CONSERVATION

-HEAD-
Sec. 6102. Purposes

-STATUTE-
The purposes of this chapter 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, Canada, Latin America, and the Caribbean; and
(3) to provide financial resources and to foster international
cooperation for those initiatives.

-SOURCE-
(Pub. L. 106-247, Sec. 3, July 20, 2000, 114 Stat. 593; Pub. L. 109-
363, title III, Sec. 302(b), Oct. 17, 2006, 120 Stat. 2075.)

-MISC1-
AMENDMENTS
2006 - Par. (2). Pub. L. 109-363 inserted "Canada," after "United
States,".

-End-

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16 USC Sec. 6103 01/07/2011

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TITLE 16 - CONSERVATION
CHAPTER 80 - NEOTROPICAL MIGRATORY BIRD CONSERVATION

-HEAD-
Sec. 6103. Definitions

-STATUTE-
In this chapter:
(1) Fund
The term "Fund" means the Neotropical Migratory Bird
Conservation Fund established by section 6108(a) of this
title.(!1)

(2) Caribbean
The term "Caribbean" includes Puerto Rico and the United States
Virgin Islands.
(3) 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.
(4) Fund
The term "Fund" means the Neotropical Migratory Bird
Conservation Fund established by section 6108(a) of this
title.(!1)
(5) Secretary
The term "Secretary" means the Secretary of the Interior.

-SOURCE-
(Pub. L. 106-247, Sec. 4, July 20, 2000, 114 Stat. 593; Pub. L. 109-
363, title III, Sec. 302(c), (h)(3)(A), Oct. 17, 2006, 120 Stat.
2075, 2076.)

-MISC1-
AMENDMENTS
2006 - Par. (1). Pub. L. 109-363, Sec. 302(h)(3)(A), added par.
(1) and struck out former par. (1). Text read as follows: "The term
'Account' means the Neotropical Migratory Bird Conservation Account
established by section 6108(a) of this title."
Pars. (2) to (5). Pub. L. 109-363, Sec. 302(c), added pars. (2)
and (4) and redesignated former pars. (2) and (3) as (3) and (5),
respectively.

-FOOTNOTE-

(!1) So in original. Pars. (1) and (4) have identical text.

-End-

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16 USC Sec. 6104 01/07/2011

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 80 - NEOTROPICAL MIGRATORY BIRD CONSERVATION

-HEAD-
Sec. 6104. Financial assistance

-STATUTE-
(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 288 of
title 22).
(c) Project proposals
To be considered for financial assistance for a project under
this chapter, 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,
Canada, 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;
(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 chapter
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 and Canada
The non-Federal share required to be paid for a project
carried out in the United States or Canada shall be paid in
cash.
(ii) Projects in Latin America and the Caribbean
The non-Federal share required to be paid for a project
carried out in Latin America or the Caribbean may be paid in
cash or in kind.

-SOURCE-
(Pub. L. 106-247, Sec. 5, July 20, 2000, 114 Stat. 594; Pub. L. 109-
363, title III, Sec. 302(d), (e), Oct. 17, 2006, 120 Stat. 2076.)

-MISC1-
AMENDMENTS
2006 - Subsec. (c)(2). Pub. L. 109-363, Sec. 302(d), inserted
"Canada," after "United States,".
Subsec. (e)(2)(B). Pub. L. 109-363, Sec. 302(e), amended subpar.
(B) generally. Prior to amendment, text read as follows:
"(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."

-End-

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16 USC Sec. 6105 01/07/2011

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 80 - NEOTROPICAL MIGRATORY BIRD CONSERVATION

-HEAD-
Sec. 6105. Duties of the Secretary

-STATUTE-
In carrying out this chapter, the Secretary shall -
(1) develop guidelines for the solicitation of proposals for
projects eligible for financial assistance under section 6104 of
this title;
(2) encourage submission of proposals for projects eligible for
financial assistance under section 6104 of this title,
particularly proposals from relevant wildlife management
authorities;
(3) select proposals for financial assistance that satisfy the
requirements of section 6104 of this title, 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 chapter in accordance with its
purposes.

-SOURCE-
(Pub. L. 106-247, Sec. 6, July 20, 2000, 114 Stat. 595.)

-End-

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16 USC Sec. 6106 01/07/2011

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TITLE 16 - CONSERVATION
CHAPTER 80 - NEOTROPICAL MIGRATORY BIRD CONSERVATION

-HEAD-
Sec. 6106. Cooperation

-STATUTE-
(a) In general
In carrying out this chapter, 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

(2) coordinate activities and projects under this chapter 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 chapter, the Secretary may
convene an advisory group consisting of individuals representing
public and private organizations actively involved in the
conservation of neotropical migratory birds. The advisory group
as a whole shall have expertise in the methods and procedures set
forth in section 6103(2) of this title in each country and region
of the Western Hemisphere (!1)

(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.

-SOURCE-
(Pub. L. 106-247, Sec. 7, July 20, 2000, 114 Stat. 595; Pub. L. 109-
363, title III, Sec. 302(f)(1), Oct. 17, 2006, 120 Stat. 2076.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in subsec.
(b)(3), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,
which is set out in the Appendix to Title 5, Government
Organization and Employees.

-MISC1-
AMENDMENTS
2006 - Subsec. (b)(1). Pub. L. 109-363 inserted at end "The
advisory group as a whole shall have expertise in the methods and
procedures set forth in section 6103(2) of this title in each
country and region of the Western Hemisphere".

ENCOURAGEMENT TO CONVENE
Pub. L. 109-363, title III, Sec. 302(f)(2), Oct. 17, 2006, 120
Stat. 2076, provided that: "The Secretary of the Interior is
encouraged to convene an advisory group under section 7(b)(1) of
such Act [Pub. L. 106-247, subsec. (b)(1) of this section] by not
later than 6 months after the effective date of this Act [Oct. 17,
2006]. This paragraph shall not be considered to authorize delay of
the schedule previously established by the United States Fish and
Wildlife Service for the submission, judging, and awarding of
grants."

-FOOTNOTE-

(!1) So in original. Probably should be followed by a period.

-End-

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16 USC Sec. 6107 01/07/2011

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 80 - NEOTROPICAL MIGRATORY BIRD CONSERVATION

-HEAD-
Sec. 6107. Report to Congress

-STATUTE-
Not later than 2 years after October 17, 2006, the Secretary
shall submit to Congress a report on the results and effectiveness
of the program carried out under this chapter, including
recommendations concerning how the chapter might be improved and
whether the program should be continued.

-SOURCE-
(Pub. L. 106-247, Sec. 8, July 20, 2000, 114 Stat. 596; Pub. L. 109-
363, title III, Sec. 302(g), Oct. 17, 2006, 120 Stat. 2076.)

-MISC1-
AMENDMENTS
2006 - Pub. L. 109-363 substituted "2 years after October 17,
2006," for "October 1, 2002,".

-End-

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16 USC Sec. 6108 01/07/2011

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TITLE 16 - CONSERVATION
CHAPTER 80 - NEOTROPICAL MIGRATORY BIRD CONSERVATION

-HEAD-
Sec. 6108. Neotropical Migratory Bird Conservation Fund

-STATUTE-
(a) Establishment
There is established in the Treasury a separate account, which
shall be known as the "Neotropical Migratory Bird Conservation
Fund". The Fund shall consist of amounts deposited into the Fund by
the Secretary of the Treasury under subsection (b).
(b) Deposits into the Fund
The Secretary of the Treasury shall deposit into the Fund -
(1) all amounts received by the Secretary in the form of
donations under subsection (d); and
(2) other amounts appropriated to the Fund.
(c) Use
(1) In general
Subject to paragraph (2), the Secretary may use amounts in the
Account,(!1) without further Act of appropriation, to carry out
this chapter.

(2) Administrative expenses
Of amounts in the Account (!1) available for each fiscal year,
the Secretary may expend not more than 3 percent or up to
$100,000, whichever is greater, to pay the administrative
expenses necessary to carry out this chapter.
(d) Acceptance and use of donations
The Secretary may accept and use donations to carry out this
chapter. Amounts received by the Secretary in the form of donations
shall be transferred to the Secretary of the Treasury for deposit
into the Fund.

-SOURCE-
(Pub. L. 106-247, Sec. 9, July 20, 2000, 114 Stat. 596; Pub. L. 109-
363, title III, Sec. 302(h)(1), (2), (3)(B), Oct. 17, 2006, 120
Stat. 2076, 2077.)

-MISC1-
AMENDMENTS
2006 - Pub. L. 109-363, Sec. 302(h)(1), substituted "Neotropical
Migratory Bird Conservation Fund" for "Neotropical Migratory Bird
Conservation Account" in section catchline.
Subsecs. (a), (b). Pub. L. 109-363, Sec. 302(h)(1), added
subsecs. (a) and (b) and struck out former subsecs. (a) and (b)
which related to the establishment of and deposits into the
Neotropical Migratory Bird Conservation Account.
Subsec. (c)(2). Pub. L. 109-363, Sec. 302(h)(2), substituted
"$100,000" for "$80,000".
Subsec. (d). Pub. L. 109-363, Sec. 302(h)(3)(B), substituted
"Fund" for "Account".

TRANSFER OF FUNDS
Pub. L. 109-363, title III, Sec. 302(h)(4), Oct. 17, 2006, 120
Stat. 2077, provided that: "The Secretary of the Treasury may
transfer to the Neotropical Migratory Bird Conservation Fund
amounts that were in the Neotropical Migratory Bird Conservation
Account immediately before the enactment of this Act [Oct. 17,
2006]."

-FOOTNOTE-
(!1) So in original. Probably should be "Fund".

-End-

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16 USC Sec. 6109 01/07/2011

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 80 - NEOTROPICAL MIGRATORY BIRD CONSERVATION

-HEAD-
Sec. 6109. Authorization of appropriations

-STATUTE-
(a) In general
There is authorized to be appropriated to the Account (!1) to
carry out this chapter for each of fiscal years 2006 through 2010
the amount specified for that fiscal year in subsection (b), 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.

(b) Authorized amount
The amount referred to in subsection (a) is -
(1) $5,000,000 for each of fiscal years 2006 and 2007;
(2) $5,500,000 for fiscal year 2008;
(3) $6,000,000 for fiscal year 2009; and
(4) $6,500,000 for fiscal year 2010.
(c) Availability
Amounts appropriated under this section may remain available
until expended.
(d) Allocation
Of amounts appropriated under this section for each fiscal year,
not less than 75 percent shall be expended for projects carried out
outside the United States.

-SOURCE-
(Pub. L. 106-247, Sec. 10, July 20, 2000, 114 Stat. 597; Pub. L.
109-363, title III, Sec. 302(i), Oct. 17, 2006, 120 Stat. 2077.)

-MISC1-
AMENDMENTS
2006 - Pub. L. 109-363 designated existing provisions as subsec.
(a), inserted heading, substituted "for each of fiscal years 2006
through 2010 the amount specified for that fiscal year in
subsection (b)" for "$5,000,000 for each of fiscal years 2001
through 2005", and added subsecs. (b) to (d).

-FOOTNOTE-
(!1) So in original. Probably should be "Fund".

-End-