USC Chapter 80

in effect

16 U.S.C. § 6101 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 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.

16 U.S.C. § 6102 Purposes

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.

16 U.S.C. § 6103 Definitions

In this chapter: (1) CaribbeanThe term “Caribbean” includes Puerto Rico and the United States Virgin Islands. (2) ConservationThe 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) FundThe term “Fund” means the Neotropical Migratory Bird Conservation Fund established by section 6108(a) of this title. (4) SecretaryThe term “Secretary” means the Secretary of the Interior.

16 U.S.C. § 6104 Financial assistance

(a) In generalThe Secretary shall establish a program to provide financial assistance for projects to promote the conservation of neotropical migratory birds. (b) Project applicantsA 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 proposalsTo 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 reportingEach 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 shareThe Federal share of the cost of each project shall be not greater than 33.3 percent. (2) Non-Federal share(A) SourceThe 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 CanadaThe 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 CaribbeanThe 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.

16 U.S.C. § 6105 Duties of the Secretary

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.

16 U.S.C. § 6106 Cooperation

(a) In generalIn 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 generalTo 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. (2) Public participation(A) MeetingsThe 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) NoticeThe Secretary shall provide to the public timely notice of each meeting of the advisory group. (C) MinutesMinutes of each meeting of the advisory group shall be kept by the Secretary and shall be made available to the public. (3) Exemption from chapter 10 of title 5Chapter 10 of title 5 shall not apply to the advisory group. (c) Report to CongressNot later than 180 days after April 24, 2024, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the implementation of subsection (b) by the Secretary, which shall include, if applicable, a description of the composition of the advisory group convened under paragraph (1) of that subsection.

16 U.S.C. § 6107 Report to Congress

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.

16 U.S.C. § 6108 Neotropical Migratory Bird Conservation Fund

(a) EstablishmentThere 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 FundThe 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 generalSubject to paragraph (2), the Secretary may use amounts in the Account,11 So in original. Probably should be “Fund”. without further Act of appropriation, to carry out this chapter. (2) Administrative expensesOf 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 donationsThe 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.

16 U.S.C. § 6109 Authorization of appropriations

(a) In generalThere is authorized to be appropriated to carry out this chapter $6,500,000 for each of fiscal years 2019 through 2028. (b) Use of fundsOf 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.