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S. 4187: Migratory Birds of the Americas Conservation Enhancements Act of 2022


The text of the bill below is as of May 11, 2022 (Introduced).


II

117th CONGRESS

2d Session

S. 4187

IN THE SENATE OF THE UNITED STATES

May 11 (legislative day, May 10), 2022

(for himself and Mr. Portman) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

A BILL

To amend the Neotropical Migratory Bird Conservation Act to make improvements to that Act, and for other purposes.

1.

Short title

This Act may be cited as the Migratory Birds of the Americas Conservation Enhancements Act of 2022.

2.

Neotropical Migratory Bird Conservation Act amendments

(a)

Cost sharing

Section 5 of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6104) is amended—

(1)

in subsection (e)(1), by striking 25 percent and inserting 33.3 percent; and

(2)

by adding at the end the following:

(f)

Criteria

(1)

In general

In accordance with paragraph (2), the Secretary shall establish criteria for awarding financial assistance under this section.

(2)

Requirement

The criteria established under paragraph (1) shall provide that project proposals submitted under subsection (c) that have a higher non-Federal share, as compared to other project proposals submitted under that subsection, shall receive additional consideration by the Secretary before determining which project proposals shall receive financial assistance under this section.

(3)

Availability

The Secretary shall—

(A)

make the criteria established under paragraph (1) publicly available; and

(B)

include those criteria in—

(i)

each notice of funding opportunity for the program under this section; and

(ii)

any application instructions developed by the Secretary for that program.

.

(b)

Reports to Congress

Section 8 of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6107) is amended—

(1)

in the section heading, by striking Report and inserting Reports;

(2)

by striking Not later than 2 years and inserting the following:

(a)

Results and effectiveness of program

Not later than 2 years

; and

(3)

by inserting after subsection (a) (as so designated) the following:

(b)

Cost sharing and criteria implementation

Not later than 3 years after the date of enactment of the Migratory Birds of the Americas Conservation Enhancements Act of 2022, 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 that includes an analysis of the implementation by the Secretary of subsection (f) of section 5, which shall include an analysis of the project proposals selected to receive financial assistance using the criteria established under that subsection.

(c)

Advisory group implementation

Not later than 18 months after the date of enactment of the Migratory Birds of the Americas Conservation Enhancements Act of 2022, 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) of section 7 by the Secretary, which shall include, if applicable, a description of the composition of the advisory group convened under paragraph (1) of that subsection.

.

(c)

Neotropical migratory bird conservation fund administrative expenses

Section 9(c)(2) of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6108(c)(2)) is amended by striking 3 percent or up to $100,000 and inserting 5 percent or up to $300,000.

(d)

Authorization of appropriations

Section 10 of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6109) is amended by striking subsection (a) and inserting the following:

(a)

In general

There are authorized to be appropriated to carry out this Act—

(1)

for fiscal year 2023, $20,000,000;

(2)

for fiscal year 2024, $21,250,000;

(3)

for fiscal year 2025, $22,500,000;

(4)

for fiscal year 2026, $23,750,000; and

(5)

for fiscal year 2027, $25,000,000.

.

(e)

Technical corrections

(1)

Section 4 of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6103) is amended—

(A)

by striking paragraph (1); and

(B)

by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively.

(2)

Section 7(b)(1) of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6106(b)(1)) is amended, in the second sentence, by adding a period at the end.