[Senate Report 112-46]
[From the U.S. Government Publishing Office]
Calendar No. 126
112th Congress Report
SENATE
1st Session 112-46
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TO AMEND THE NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT TO REAUTHORIZE
THE ACT
_______
August 2, 2011.--Ordered to be printed
_______
Mrs. Boxer, from the Committee on Public Works,
submitted the following
R E P O R T
[To accompany S. 538]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 538) to amend the Neotropical Migratory
Bird Conservation Act to reauthorize the Act, having considered
the same, reports favorably thereon with an amendment and
recommends that the bill, as amended, do pass.
General Statement and Background
In partnership with other government wildlife agencies and
conservation groups, the U.S. Fish and Wildlife Service
recently published a comprehensive report on the state of our
nation's birds. The State of the Birds 2009 documents that bird
populations are in decline in many habitats across the United
States, and in highly specialized habitats, such as Hawaii, we
are on the verge of losing entire suites of unique birds and
native plant communities. Currently, almost one-third of the
over 800 species of birds in the United States are either
federally listed as endangered or threatened, or are species of
conservation concern--due to their small distribution, high
threats or declining populations.
Wildlife watching, including bird watching, is an
increasingly profitable industry in the United States. The 2006
National Survey of Fishing, Hunting and Wildlife-Associated
Recreation, which represents the most recent data compiled by
the U.S. Fish and Wildlife Service on the economic impact of
wildlife recreation, showed that $45.7 billion was spent in
2006 alone on wildlife watching.
Birds are also important indicators for the health and
integrity of our natural environment. As bird populations
decline, they signal failing ecosystems and warn of the
deterioration of the quality of the air, water and soil on
which we depend.
Originally authorized in 2000, the Neotropical Migratory
Bird Conservation Act (Public Law 106-247) encourages habitat
protection, education, researching, monitoring, and capacity
building to provide for the long-term protection of neotropical
migratory birds. The program provides grants for projects in
the United States, Canada, Latin America and the Caribbean that
conserve neotropical migratory birds. The matching requirements
for the grant program leverages funding from a range of non-
governmental sources. Up to one-quarter of the annual grants
can be used for projects in the United States.
The Neotropical Migratory Bird Conservation Act of 2000
authorized an annual $5 million for each of the fiscal years
2001 through 2005. The Act was reauthorized in 2006 to increase
the authorization level from $5 million to $6.5 million for
Fiscal Years 2006-2010.
Between 2002 and 2011, the program supported 367 projects,
coordinated by partners in 48 U.S. states/territories and 36
countries. More than $39 million in Federal grants has
leveraged over $152 million in matching funds and $6.5 million
in nonmatching funds. Projects involving land conservation have
affected about 2 million acres of bird habitat.
Since the program's inception, grant requests from
qualified applicants have far exceeded the Act's available
funding. In the last five years, almost three-quarters of
eligible grant proposals have been turned away. This
legislation, as amended, authorizes $6.5 million for fiscal
years 2012 through 2017.
Objectives of the Legislation
S. 538 amends the Neotropical Migratory Bird Conservation
Act to reauthorize the Act for fiscal years 2012 through 2017.
Section-by-Section Analysis
Section 1. Reauthorization of Neotropical Migratory Bird Conservation
Act
This section amends Section 10 of the Neotropical Migratory
Bird Conservation Act (16 U.S.C. 6109) to authorize
appropriations to carry out the Act. This section, as amended,
authorizes $6.5 million for fiscal years 2012 through 2017.
Legislative History
On March 10, 2011, Senator Cardin introduced S. 538. The
bill was received, read twice and referred to the Senate
Committee on Environment and Public Works. The Committee met on
July 13, 2011, to consider the bill. Senator Cardin introduced
an amendment that would alter appropriation levels to
$6,500,000 annually. The committee ordered S. 538 to be
reported favorably with an amendment.
Hearings
No committee hearings were held on S. 538.
Rollcall Votes
On July 13, 2011, the Committee on Environment and Public
Works ordered S. 538 to be favorably reported by voice vote
with Senator Inhofe, Barrasso, and Johanns recorded as ``No.''
No rollcall votes were taken.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 538
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that S. 538 would not
impose Federal intergovernmental unfunded mandates on State,
local, or tribal governments.
Congressional Budget Office Estimate
August 2, 2011.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed revised cost estimate for S. 538, a bill
to amend the Neotropical Migratory Bird Conservation Act to
reauthorize the act. This revised cost estimate supersedes a
CBO cost estimate transmitted on July 22, 2011, for the bill as
ordered reported by the Senate Committee on Environment and
Public Works on July 13, 2011. CBO has revised the estimate of
additional discretionary spending under S. 538 to correct an
error regarding the amounts of appropriations authorized under
the bill.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 538--A bill to amend the Neotropical Migratory Bird Conservation Act
to reauthorize the act
Summary: S. 538 would authorize appropriations through 2017
for grants and other activities carried out under the
Neotropical Migratory Bird Conservation Act. Assuming
appropriation of the authorized amounts, CBO estimates that
implementing the bill would cost $30 million over the 2012-2016
period and $9 million after 2016. Enacting S. 538 would not
affect revenues or direct spending; therefore, pay-as-you-go
procedures do not apply.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 538 is shown in the following table. The
costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------
2012 2013 2014 2015 2016 2012-2016
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level................................ 7 7 7 7 7 33
Estimated Outlays.................................. 5 6 6 6 7 30
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Note: Amounts do not sum to totals because of rounding.
Basis of estimate: For this estimate, CBO assumes that S.
538 will be enacted near the end of 2011 and that the
authorized amounts will be appropriated for each fiscal year.
Estimated outlays are based on historical spending patterns for
this program.
S. 538 would authorize the appropriation of $6.5 million a
year to carry out the Neotropical Migratory Bird Conservation
Program through 2017. The program is administered by the U.S.
Fish and Wildlife Service (USFWS) and supports research and
conservation grants to protect certain species of birds. Based
on information from USFWS, CBO estimates that implementing the
legislation would cost $30 million over the 2012-2016 period
and $9 million after 2016.
Intergovernmental and private-sector impact: S. 538
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Previous CBO estimate: This revised cost estimate
supersedes a CBO cost estimate transmitted on July 22, 2011,
for S. 538 as ordered reported by the Senate Committee on
Environment and Public Works on July 13, 2011. CBO previously
estimated additional discretionary spending of $36 million over
the 2012-2016 period. That earlier estimate did not reflect a
committee-approved amendment to the bill that specifies the
annual authorization of $6.5 million, as shown in this revised
estimate.
Estimate prepared by: Federal Costs: Jeff LaFave; Impact on
State, Local, and Tribal Governments: Melissa Merrell; Impact
on the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
Neotropical Migratory Bird Conservation Act
SEC. 2. FINDINGS.
Congress finds that--
(1) * * *
* * * * * * *
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
[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.]
(a) In General.--There is authorized to be appropriated to
carry out this Act $6,500,000 for each of fiscal years 2012
through 2017.
(b) Use of Funds.--Of the amounts made available under
subsection (a) for each fiscal year, not less than 75 percent
shall be expended for projects carried out at a location
outside of the United States.
* * * * * * *