[Senate Report 111-111]
[From the U.S. Government Publishing Office]
Calendar No. 248
111th Congress Report
SENATE
1st Session 111-111
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JOINT VENTURES FOR BIRD HABITAT CONSERVATION ACT OF 2009
_______
December 21 (legislative day, December 20), 2009.--Ordered to be
printed
_______
Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany H.R. 2188]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (H.R 2188) to authorize the Secretary of the
Interior, through the United States Fish and Wildlife Service,
to conduct a Joint Venture Program to protect, restore,
enhance, and manage migratory bird populations, their habitats,
and the ecosystems they rely on, through voluntary actions on
public and private lands, and for other purposes, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
GENERAL STATEMENT AND BACKGROUND
Multiple factors, including drought and wetlands loss,
damaged the habitat of waterfowl and by the mid-1980's resulted
in a waterfowl population in crisis. The United States and
Canadian governments recognized intervention was necessary to
protect waterfowl habitat and developed the North American
Waterfowl Management Plan (NAWMP). The scope of the
conservation effort needed to conserve these waterfowl exceeded
the capacity of the efforts of the federal government's alone.
The concept of joint ventures, public-private partnerships
working together to conserve the continent's waterfowl, were
developed as a way to bring an array of partners together to
address this challenge. A variety of other bird species,
including shorebirds, landbirds, and other waterbirds were
integrated into the joint venture planning processes and
conservation efforts.
Currently there are 18 habitat-based joint venture
partnerships at work across the United States, ranging from
long-established joint ventures to those in various stages of
development. There are also three species-based joint ventures
(arctic goose, black duck and sea duck), and four habitat-based
joint ventures presently operating in Canada (Canadian
Intermountain Joint Venture; Eastern Habitat Joint Venture;
Pacific Coast Joint Venture; and, Prairie Habitat Joint
Venture). The Canadian Joint Ventures are not subject to the
terms of this legislation.
To ensure a logical and coordinated approach to the
development and support of joint ventures, the United States
Fish and Wildlife Service defined the term ``joint venture'' in
Director's Order Number 146 as:
A self-directed partnership of agencies,
organizations, corporations, tribes, or individuals
that has formally accepted the responsibility of
implementing national or international bird
conservation plans within a specific geographic area or
for a specific taxonomic group, and has received
general acceptance in the bird conservation community
for such responsibility.
Joint ventures conduct a comprehensive suite of activities
in support of bird conservation goals cooperatively developed
within each respective partnership. These activities include
biological planning, conservation design, project development
and implementation, monitoring, evaluation, applied research,
communications and outreach, and fund-raising. Joint venture
activities, while primarily developed to support the goals of
NAWMP, commonly fulfill the goals and obligations of the United
States under a variety of other international treaties,
agreements and initiatives that govern migratory bird
resources.
The Fish and Wildlife Service supports recognized joint
ventures by funding a full-time joint venture coordinator and
associated costs for program infrastructure. Consistent with
the partnership, the Service encourages contribution from other
federal and state agencies, conservation organizations and
private interests, but does not fund all facets of joint
venture efforts. To date, joint ventures have invested $4.5
billion to conserve 15.7 million acres of habitat.
The Atlantic Coast Joint Venture (ACJV) is a good example
of the breadth and scope of joint ventures. Stretching from
Maine to Puerto Rico, the ACJV is focused on conservation of
habitat for native birds in the Atlantic Flyway, which spans
over 283 million acres and where more than 600 native bird
species breed, migrate and winter. The mission of the ACJV is
to provide a forum for federal, state, regional and local
partners to coordinate and improve the effectiveness of bird
conservation planning and implementation throughout the entire
Atlantic Flyway. Since its inception in 1988, the ACJV has
protected, restored or enhanced 4,233,300 acres of critical
bird habitat, and the ACJV and its partners have supported
research projects to address some of their most pressing needs.
H.R. 2188 provides statutory authorization for this
successful continent-wide conservation program that encourages
a broad, landscape-approach to the conservation of bird
habitat. The bill, as introduced and reported by the committee,
fully incorporates the voluntary, partnership-oriented approach
to habitat conservation that make joint ventures flexible,
adaptive, innovative and effective in conserving and protecting
bird habitats in North America.
OBJECTIVES OF THE LEGISLATION
The purpose of H.R. 2188 is to authorize the Secretary of
the Interior, through the United States Fish and Wildlife
Service, to conduct a Joint Venture Program to protect,
restore, enhance, and manage migratory bird populations, their
habitats, and the ecosystems they rely on, through voluntary
actions on public and private lands, and for other purposes.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides that this bill may be cited as the
``Joint Ventures for Bird Habitat Conservation Act of 2009.''
Section 2. Findings and purpose
Section 2 provides the general purpose of the bill, along
with several findings which: recognize the economic and
environmental importance of migratory bird populations;
acknowledge the responsibilities of the federal government,
including international treaty obligations, and the role of the
states in conserving this resource; and, appreciate the
demonstrated value of voluntary partnerships, including Joint
Ventures, in implementing effective landscape level bird
conservation strategies.
Section 3. Definitions
Section 3 provides definitions for several terms used
throughout the bill.
Section 4. Joint Ventures Program
Section 4 authorizes the Secretary of the Interior
(Secretary) to conduct, through the U.S. Fish and Wildlife
Service, a Joint Ventures Program administered by the Director
of the Service (Director). The Director shall develop an
administrative framework for the Program, including the
approval, establishment and implementations of Joint Ventures,
to ensure that the Program complements and supports the
activities of the Secretary under multiple bird conservation
statutes, treaties and strategies.
Section 5. Joint Venture establishment and administration
Section 5 authorizes the Director to enter into agreements
with eligible partners, as defined in this section, to
establish Joint Ventures. All Joint Ventures are required to
have Management Boards of diverse membership operating under
organization and operations plans. Each Joint Venture is
required to develop an Implementation Plan to be approved by
the Director which details the strategic framework for the
long-term conservation agenda for the Joint Venture. All
Implementation Plans shall be circulated for public review and
comment and shall be approved by the Director if the Plan
fulfills all criteria for approval.
Section 6. Grants and other assistance
Section 6 authorizes the Director to award financial grants
or provide technical assistance to support approved Joint
Ventures. Financial support may be used by Joint Ventures for
administrative and management activities or to implement
conservation projects. The Director is required to develop
grant program guidelines within 180 days after date of
enactment of this Act. For projects of equal conservation
value, Management Boards are to give priority to projects that
provide non-federal matching contributions equal to or in
excess of the federal grant amount. The Secretary is authorized
to accept gifts, donations and in-kind contributions in order
to provide assistance.
Section 7. Reporting requirements
Section 7 requires all Joint Venture Management Boards to
report annually to the Director on all activities undertaken
during the preceding year, including amounts spent on
administrative expenses and conservation projects, and the
status of progress to meet the goals and objectives of related
Implementation Plans. The Secretary, through the Director,
shall be required to complete a comprehensive review of the
Program beginning five years after date of enactment and every
five years thereafter. These five-year reviews shall be subject
to public review and comment.
Section 8. Treatment of existing Joint Ventures
Section 8 considers all Joint Ventures and all approved
Implementation Plans in existence prior to the date of
enactment of this Act, to be approved under this Act.
Section 9. Relationship to other authorities
Section 9 assures that nothing in this Act would affect
other authorities, responsibilities or powers of the Secretary
of the Interior or preempt any State authority relating to the
management of fish and wildlife.
Section 10. Federal Advisory Committee Act
Section 10 states that the Federal Advisory Committee Act
would not apply to the activities of Joint Ventures.
LEGISLATIVE HISTORY
H.R. 2188 was introduced in the House of Representatives on
April 30, 2009 by Representative Frank Kratovil, Jr. (D-MD).
The bill was referred to the Committee on Natural Resources,
and within the Committee to the Subcommittee on Insular
Affairs, Oceans and Wildlife. The bill, as amended, was ordered
favorably reported to the House of Representatives by unanimous
consent. The House of Representatives passed H.R. 2188 on July
16, 2009 with a roll call vote of 400-0.
H.R. 2188 was referred to the Senate Committee on
Environment and Public Works on July 20, 2009. The Subcommittee
on Water and Wildlife held a legislative hearing to consider a
number of wildlife bills, including H.R. 2188, on December 3,
2009. The bill was ordered to be reported without amendment
favorably by the full committee on December 10, 2009.
HEARINGS
The Senate Committee Environment and Public Works,
Subcommittee on Water and Wildlife, held a legislative hearing
on December 3, 2009 to consider a number of wildlife bills
including H.R. 2188, The Joint Ventures for Bird Habitat
Conservation Act of 2009. At the hearing, U.S. Fish and
Wildlife Service Deputy Director Dan Ashe testified that the
Administration supported the legislation. He provided the
Subcommittee with a brief history of the Joint Venture programs
currently in operation. Eric C. Schwaab, Deputy Secretary,
Maryland Department of Natural Resources, also testified at the
December 3 hearing in support of the legislation. Schwaab
testified on behalf of both his State and the national
Association of Fish and Wildlife Agencies. He cited the 2006
National Survey of Fishing, Hunting, and Wildlife Associated
Recreation report which estimated the number of people that
observe birds in the U.S. at 47.7 million. The 2002 national
survey on bird-watching in the United States estimated that
while watching birds, and other wildlife in 2001, the public
generated $85 billion in overall economic output (about 1% of
GDP), $32 billion in retail sales, and $13 billion in state and
federal income taxes. The 2006 national survey estimated about
2.3 million migratory bird hunters who spent approximately $1.3
billion in 2006. Schwaab noted the importance of Joint Ventures
in supporting this important part of the American economy.
Finally, Robert L. Bendick, Director of Government Relations
for The Nature Conservancy, also testified in support of the
legislation. The Chairman entered letters in support of the
legislation from 30 organizations into the record.
The full Committee on Environment and Public Works met to
consider H.R. 2188 on December 10, 2009. The Chairman of the
Subcommittee and the Chairman of the Full Committee noted the
strong support for the bill and recounted its main provisions.
The bill was reported favorably by voice vote.
ROLLCALL VOTES
The Committee on Environment and Public Works met to
consider H.R. 2188 on December 10, 2009. The bill was ordered
favorably reported by voice vote.
REGULATORY IMPACT STATEMENT
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that H.R.
2188 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 H.R. 2188 would
not impose intergovernmental or private-sector mandates on
State, local, or tribal governments.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
December 15, 2009.
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 cost estimate for H.R. 2188, the Joint
Ventures for Bird Habitat Conservation Act of 2009.
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.
H.R. 2188--Joint Ventures for Bird Habitat Conservation Act of 2009
H.R. 2188 would authorize the United States Fish and
Wildlife Service to enter into joint ventures with public and
private stakeholders to promote the conservation of migratory
birds. The bill also would codify the mechanisms used to
establish and support joint ventures, such as allowing federal
agencies to provide personnel to assist them. Finally, the
legislation would authorize the Fish and Wildlife Service to
award grants, subject to the availability of appropriations, to
provide financial assistance to joint ventures.
Based on information from the Fish and Wildlife Service,
CBO estimates that H.R. 2188 would have a negligible effect on
the federal budget because a similar program currently exists.
Roughly $14 million was appropriated for that program in 2010.
H.R. 2188 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no cost on state, local, or tribal governments.
Those governments would benefit from technical and financial
assistance for conservation activities related to migratory
birds. Any costs to those governments would be incurred
voluntarily as a condition of receiving federal assistance.
On June 26, 2009, CBO transmitted a cost estimate for H.R.
2188, the Joint Ventures for Bird Habitat Conservation Act of
2009, as ordered reported by the House Committee on Natural
Resources on June 10, 2009. The two versions of the legislation
are similar, and the CBO cost estimates are the same.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
CHANGES IN EXISTING LAW
Section 12 of rule XXVI of the Standing Rules of the Senate
requires the committee to publish changes in existing law made
by the bill as reported. Passage of this bill will make no
changes to existing law.