[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[S. 2547 Reported in Senate (RS)]
Calendar No. 671
108th CONGRESS
2d Session
S. 2547
[Report No. 108-313]
To amend the Migratory Bird Treaty Act to exclude non-native migratory
bird species from the application of that Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 18, 2004
Mr. Voinovich (for himself and Mr. Crapo) introduced the following
bill; which was read twice and referred to the Committee on Environment
and Public Works
August 25, 2004
Reported, under authority of the order of the Senate of July 22, 2004,
by Mr. Inhofe, without amendment
_______________________________________________________________________
A BILL
To amend the Migratory Bird Treaty Act to exclude non-native migratory
bird species from the application of that Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--EXCLUSION OF NONNATIVE SPECIES FROM MIGRATORY BIRD TREATY ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Migratory Bird Treaty Reform Act
of 2004''.
SEC. 102. EXCLUSION OF NONNATIVE SPECIES FROM APPLICATION OF CERTAIN
PROHIBITIONS UNDER MIGRATORY BIRD TREATY ACT.
Section 2 of the Migratory Bird Treaty Act (16 U.S.C. 703) is
amended--
(1) in the first sentence, by striking ``That unless and
except as permitted'' and inserting the following: ``(a) In
General.--Unless and except as permitted''; and
(2) by adding at the end the following:
``(b) Limitation on Application to Introduced Species.--
``(1) In general.--This section applies only to migratory
bird species that are native to the United States the
occurrence of which in the United States is entirely the result
of natural biological or ecological conditions.
``(2) Treatment of introduced species.--For purposes of
paragraph (1)--
``(A) a bird species shall not be treated as native
to the United States if the species occurs in the
United States solely as a result of intentional or
unintentional human-assisted introduction; and
``(B) a migratory bird species shall be treated as
native to the United States if--
``(i) the species was native to the United
States and extant in 1918;
``(ii) the species was extirpated after
1918 throughout its range in the United States;
and
``(iii) after such extirpation, the species
was reintroduced in the United States as a part
of a program carried out by a Federal
agency.''.
SEC. 103. PUBLICATION OF LIST.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of the Interior shall publish in the Federal
Register a list of all nonnative, human-introduced bird species to
which the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) does not
apply that belong to biological families of migratory birds covered
under any of the migratory bird conventions with Great Britain (for
Canada), Mexico, Russia, or Japan.
(b) Public Comment.--Before publishing the list under subsection
(a), the Secretary shall provide adequate time for public comment.
(c) Effect of Section.--Nothing in this section shall delay
implementation of other provisions of this Act or amendments made by
this Act that exclude nonnative, human-introduced bird species from the
application of the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.).
TITLE II--CONSERVATION OF NEOTROPICAL MIGRATORY BIRDS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Neotropical Migratory Bird
Conservation Improvement Act of 2004''.
SEC. 202. AMENDMENTS TO NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT.
(a) Findings.--Section 2(1) of the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6101(1)) is amended by inserting ``, but
breed in Canada and the United States'' after ``the Caribbean''.
(b) Purposes.--Section 3(2) of the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6102(2)) is amended by inserting
``Canada,'' after ``United States,''.
(c) Definition of Caribbean.--Section 4 of the Neotropical
Migratory Bird Conservation Act (16 U.S.C. 6103) is amended--
(1) by redesignating paragraph (3) as paragraph (4);
(2) by striking paragraph (1) and inserting the following:
``(1) Caribbean.--The term `Caribbean' includes Puerto Rico
and the United States Virgin Islands.''; and
(3) by inserting after paragraph (2) the following:
``(3) Fund.--The term `Fund' means the Neotropical
Migratory Bird Conservation Fund established by section
9(a).''.
(d) Cost Sharing.--Section 5(e) of the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6104(e)) is amended--
(1) in paragraph (1), by striking ``25 percent'' and
inserting ``50 percent''; and
(2) in paragraph (2), by striking subparagraph (B) and
inserting the following:
``(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.''.
(e) Report.--Section 8 of the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6107) is amended--
(1) by striking ``October 1, 2002,'' and inserting ``1 year
after the date of enactment of the Neotropical Migratory Bird
Conservation Improvement Act of 2004,'';
(2) by striking ``this Act, including recommendations'' and
inserting ``this Act that includes--
``(1) recommendations'';
(3) by striking the period at the end and inserting ``;
and''; and
(4) by adding at the end the following:
``(2) a description of the activities of the advisory group
convened under section 7(b).''.
(f) Neotropical Migratory Bird Conservation Fund.--
(1) In general.--Section 9 of the Neotropical Migratory
Bird Conservation Act (16 U.S.C. 6108) is amended--
(A) by striking the section heading and all that
follows through subsection (b) and inserting the
following:
``SEC. 9. NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND.
``(a) Establishment.--There is established in the Treasury a
separate account to be known as the `Neotropical Migratory Bird
Conservation Fund', which shall consist of amounts deposited in the
Fund by the Secretary of the Treasury under subsection (b).
``(b) Deposits in 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.''; and
(B) in subsection (d), by striking ``Account'' and
inserting ``Fund''.
(2) Administrative expenses.--Section 9(c)(2) of the
Neotropical Migratory Bird Conservation Act (16 U.S.C.
6108(c)(2)) is amended by striking ``$80,000'' and inserting
``$150,000''.
(3) Transfer.--The Secretary of the Treasury shall transfer
to the Neotropical Migratory Bird Conservation Fund amounts
that were in the Neotropical Migratory Bird Conservation
Account immediately before the date of enactment of this Act.
(g) Authorization of Appropriations.--Section 10 of the Neotropical
Migratory Bird Conservation Act (16 U.S.C. 6109) is amended to read as
follows:
``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to the
Fund to carry out this Act--
``(1) $5,000,000 for each of fiscal years 2005 and 2006;
``(2) $10,000,000 for fiscal year 2007; and
``(3) $15,000,000 for fiscal year 2008.
``(b) Availability.--Amounts made available under this section
shall remain available until expended.
``(c) Allocation.--Of amounts made available under this section for
a fiscal year, not less than 75 percent shall be expended for projects
carried out outside the United States.
``(d) Limitation on Expenditures for Projects in Canada.--Amounts
made available under this section for a fiscal year shall not be used
for any project in Canada unless the amount available to carry out this
Act for that fiscal year is greater than $10,000,000.''.
Calendar No. 671
108th CONGRESS
2d Session
S. 2547
[Report No. 108-313]
_______________________________________________________________________
A BILL
To amend the Migratory Bird Treaty Act to exclude non-native migratory
bird species from the application of that Act, and for other purposes.
_______________________________________________________________________
August 25, 2004
Reported under authority of the order of