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16 USC CHAPTER 80 - NEOTROPICAL MIGRATORY BIRD

CONSERVATION 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 80 - NEOTROPICAL MIGRATORY BIRD CONSERVATION

.

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CHAPTER 80 - NEOTROPICAL MIGRATORY BIRD CONSERVATION

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Sec.

6101. Findings.

6102. Purposes.

6103. Definitions.

6104. Financial assistance.

(a) In general.

(b) Project applicants.

(c) Project proposals.

(d) Project reporting.

(e) Cost sharing.

6105. Duties of the Secretary.

6106. Cooperation.

(a) In general.

(b) Advisory group.

6107. Report to Congress.

6108. Neotropical Migratory Bird Conservation Account.

(a) Establishment.

(b) Deposits into the Account.

(c) Use.

(d) Acceptance and use of donations.

6109. Authorization of appropriations.

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16 USC Sec. 6101 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 80 - NEOTROPICAL MIGRATORY BIRD CONSERVATION

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Sec. 6101. Findings

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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;

(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.

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(Pub. L. 106-247, Sec. 2, July 20, 2000, 114 Stat. 593.)

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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'.''

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16 USC Sec. 6102 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 80 - NEOTROPICAL MIGRATORY BIRD CONSERVATION

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Sec. 6102. Purposes

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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, Latin America, and the Caribbean; and

(3) to provide financial resources and to foster international

cooperation for those initiatives.

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(Pub. L. 106-247, Sec. 3, July 20, 2000, 114 Stat. 593.)

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16 USC Sec. 6103 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 80 - NEOTROPICAL MIGRATORY BIRD CONSERVATION

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Sec. 6103. Definitions

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In this chapter:

(1) Account

The term ''Account'' means the Neotropical Migratory Bird

Conservation Account established by section 6108(a) of this

title.

(2) 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.

(3) Secretary

The term ''Secretary'' means the Secretary of the Interior.

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(Pub. L. 106-247, Sec. 4, July 20, 2000, 114 Stat. 593.)

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16 USC Sec. 6104 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 80 - NEOTROPICAL MIGRATORY BIRD CONSERVATION

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Sec. 6104. Financial assistance

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(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, 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

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.

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(Pub. L. 106-247, Sec. 5, July 20, 2000, 114 Stat. 594.)

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6105 of this title.

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16 USC Sec. 6105 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 80 - NEOTROPICAL MIGRATORY BIRD CONSERVATION

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Sec. 6105. Duties of the Secretary

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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.

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

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16 USC Sec. 6106 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 80 - NEOTROPICAL MIGRATORY BIRD CONSERVATION

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Sec. 6106. Cooperation

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(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.

(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.

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(Pub. L. 106-247, Sec. 7, July 20, 2000, 114 Stat. 595.)

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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.

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16 USC Sec. 6107 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 80 - NEOTROPICAL MIGRATORY BIRD CONSERVATION

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Sec. 6107. Report to Congress

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Not later than October 1, 2002, 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.

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(Pub. L. 106-247, Sec. 8, July 20, 2000, 114 Stat. 596.)

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16 USC Sec. 6108 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 80 - NEOTROPICAL MIGRATORY BIRD CONSERVATION

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Sec. 6108. Neotropical Migratory Bird Conservation Account

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(a) Establishment

There is established in the Multinational Species Conservation

Fund of the Treasury a separate account to be known as the

''Neotropical Migratory Bird Conservation Account'', which shall

consist of amounts deposited into the Account by the Secretary of

the Treasury under subsection (b) of this section.

(b) Deposits into the Account

The Secretary of the Treasury shall deposit into the Account -

(1) all amounts received by the Secretary in the form of

donations under subsection (d) of this section; and

(2) other amounts appropriated to the Account.

(c) Use

(1) In general

Subject to paragraph (2), the Secretary may use amounts in the

Account, without further Act of appropriation, to carry out this

chapter.

(2) Administrative expenses

Of amounts in the Account available for each fiscal year, the

Secretary may expend not more than 3 percent or up to $80,000,

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 Account.

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(Pub. L. 106-247, Sec. 9, July 20, 2000, 114 Stat. 596.)

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6103 of this title.

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16 USC Sec. 6109 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 80 - NEOTROPICAL MIGRATORY BIRD CONSERVATION

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Sec. 6109. Authorization of appropriations

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There is authorized to be appropriated to the Account to carry

out this chapter $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.

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(Pub. L. 106-247, Sec. 10, July 20, 2000, 114 Stat. 597.)

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