16 USC 6101 - Findings

§ 6101. Findings
§ 6102. Purposes
§ 6103. Definitions
§ 6104. Financial assistance
§ 6105. Duties of the Secretary
§ 6106. Cooperation
§ 6107. Report to Congress
§ 6108. Neotropical Migratory Bird Conservation Fund
§ 6109. Authorization of appropriations

§ 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.

(Pub. L. 106–247, § 2, July 20, 2000, 114 Stat. 593; Pub. L. 109–363, title III, § 302(a), Oct. 17, 2006, 120 Stat. 2075.)

§ 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.

(Pub. L. 106–247, § 3, July 20, 2000, 114 Stat. 593; Pub. L. 109–363, title III, § 302(b), Oct. 17, 2006, 120 Stat. 2075.)

§ 6103. Definitions

In this chapter:

(1) Fund

(2) Caribbean

(3) 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;

(D) law enforcement; and

(E) community outreach and education.

(4) Fund

(5) Secretary

(Pub. L. 106–247, § 4, July 20, 2000, 114 Stat. 593; Pub. L. 109–363, title III, § 302(c), (h)(3)(A), Oct. 17, 2006, 120 Stat. 2075, 2076.)

§ 6104. Financial assistance

(a) In general

(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;

(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 reporting

(e) Cost sharing

(1) Federal share

(2) Non-Federal share

(A) Source

(B) Form of payment

(i) Projects in the United States and Canada

(ii) Projects in Latin America and the Caribbean

(Pub. L. 106–247, § 5, July 20, 2000, 114 Stat. 594; Pub. L. 109–363, title III, § 302(d), (e), Oct. 17, 2006, 120 Stat. 2076.)

§ 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.

(Pub. L. 106–247, § 6, July 20, 2000, 114 Stat. 595.)

§ 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 general

(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) Notice

(3) Exemption from chapter 10 of title 5

(Pub. L. 106–247, § 7, July 20, 2000, 114 Stat. 595; Pub. L. 109–363, title III, § 302(f)(1), Oct. 17, 2006, 120 Stat. 2076; Pub. L. 117–286, § 4(a)(128), Dec. 27, 2022, 136 Stat. 4319.)

§ 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.

(Pub. L. 106–247, § 8, July 20, 2000, 114 Stat. 596; Pub. L. 109–363, title III, § 302(g), Oct. 17, 2006, 120 Stat. 2076.)

§ 6108. Neotropical Migratory Bird Conservation Fund

(a) Establishment

(b) Deposits into 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.

(1) In general

(2) Administrative expenses

(d) Acceptance and use of donations

(Pub. L. 106–247, § 9, July 20, 2000, 114 Stat. 596; Pub. L. 109–363, title III, § 302(h)(1), (2), (3)(B), Oct. 17, 2006, 120 Stat. 2076, 2077.)

§ 6109. Authorization of appropriations

(a) In general

(b) Use of funds

(Pub. L. 106–247, § 10, July 20, 2000, 114 Stat. 597; Pub. L. 109–363, title III, § 302(i), Oct. 17, 2006, 120 Stat. 2077; Pub. L. 116–9, title VII, § 7002, Mar. 12, 2019, 133 Stat. 801.)