[DOCID: f:hr639.109]
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109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-639
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NORTH AMERICAN WETLANDS CONSERVATION REAUTHORIZATION ACT OF 2006
_______
September 6, 2006.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 5539]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 5539) to reauthorize the North American Wetlands
Conservation Reauthorization Act, having considered the same,
report favorably thereon with amendments and recommend that the
bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North American Wetlands Conservation
Reauthorization Act of 2006''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 7(c) of the North American Wetlands Conservation Act (16
U.S.C. 4406(c)) is amended by striking ``fiscal year 2007'' and
inserting ``each of fiscal years 2008 through 2012''.
Amend the title so as to read:
A bill to reauthorize the North American Wetlands Conservation Act.
Purpose of the Bill
The purpose of H.R. 5539, as ordered reported, is to
reauthorize the North American Wetlands Conservation Act.
Background and Need for Legislation
Wetlands are among the world's most productive
environments. They provide critical habitat for numerous
species of fish and wildlife and are particularly important to
the life cycles of migratory birds and the majority of
economically important fish species. Wetlands also serve as
natural flood control basins and water filters, and wetland
degradation is known to have severe negative effects on coastal
and riverine water quality. Beginning in the 1930s, alarming
declines in migratory bird populations created a realization
that wetland conservation needed to be improved.
In 1986, the United States, Canada, and Mexico signed the
North American Waterfowl Management Plan, which established
cooperative international efforts to reverse the declines in
waterfowl populations and their habitats. The U.S. domestic law
implementing that agreement was the North American Wetlands
Conservation Act (NAWCA) enacted in 1989. NAWCA provides a
funding mechanism for cooperative public-private wetlands
conservation efforts throughout North America. It also
established the North American Wetlands Conservation Council,
which oversees the distribution of funds. Any federal, State,
local, or private organization may apply for a grant to conduct
a wetlands conservation projects in North America. The
Migratory Bird Conservation Commission, a seven-member
commission, serves as the final arbiter for determining which
projects recommended by the Council will be funded.
These wetland projects aim to protect and/or restore
wetlands and associated uplands, and, for projects in Mexico,
provide funding for educational activities. All grants must be
matched dollar for dollar with non-federal funds. From Fiscal
Year 1991 to Fiscal Year 2004, the average partner funds were
$2.88 for every NAWCA dollar. NAWCA projects use tools such as
fee title ownership, conservation easements, and landowner
agreements to ensure long-term wetlands conservation benefits.
NAWCA is a popular and competitive matching grant program with
requests for projects far exceeding available funds on an
annual basis.
NAWCA specifies that 30 to 60 percent of the funds
available from Pittman-Robertson Fund interest, fines and
forfeitures, and appropriations must be spent on projects
within Canada and Mexico. The remaining 40 to 70 percent must
be spent on projects in the United States. Funds from the Sport
Fish Restoration Fund, which are authorized under the Coastal
Wetlands Planning, Protection, and Restoration Act, must be
spent on projects that conserve coastal wetlands within a
coastal State.
Since the first wetlands grants were awarded in 1991, 1,230
standard and 268 small grant projects have been funded by the
Migratory Bird Conservation Commission. These grants, involving
more than 2,500 partners, have invested $710.4 million in
federal taxpayer funds and more than $2.1 billion in private
matching contributions. Together, these projects have restored,
protected or enhanced some 23 million acres of wetlands and
associated uplands in the United States, Canada and Mexico.
H.R. 5539 reauthorizes appropriations for NAWCA at current
levels for four years (2008-2012).
Committee Action
H.R. 5539 was introduced on June 7, 2006, by Congressman
Richard W. Pombo (R-CA). The bill was referred to the Committee
on Resources, and within the Committee to the Subcommittee on
Fisheries and Oceans. On June 29, 2006, the Subcommittee held a
hearing on the bill. On July 19, 2006, the Full Resources
Committee met to consider the bill. The Subcommittee on
Fisheries and Oceans was discharged from further consideration
of the bill by unanimous consent. Chairman Richard Pombo
offered an amendment in the nature of a substitute that
corrected the long and short titles of the bill and extended
the authorization of existing appropriations until September
30, 2012. The amendment was adopted by unanimous consent. The
bill, as amended, was then ordered favorably reported to the
House of Representatives by unanimous consent.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8, clause 3 of the Constitution of the
United States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill, as ordered reported, is to reauthorize
the North American Wetlands Conservation Act.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 5539--North American Wetlands Conservation Reauthorization Act of
2006
Summary: H.R. 5539 would authorize the appropriation of $75
million a year for programs carried out under the North
American Wetlands Conservation Act (NAWCA) through fiscal year
2012. Under existing law, the authority for such appropriations
will expire at the end of fiscal year 2007. The U.S. Fish and
Wildlife Service (USFWS) uses amounts appropriated under NAWCA
primarily for grants to state, local, and tribal governments,
nonprofit organizations, and other entities that carry out
wetlands conservation projects.
CBO estimates that appropriation of the amounts authorized
by H.R. 5539 would result in outlays of $175 million over the
2008-2011 period. (An additional $200 million would be spent
after 2011, including $75 million that would be authorized for
2012.) Enacting this legislation would not affect direct
spending or revenues.
H.R. 5539 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 5539 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment). For this estimate, CBO
assumes that H.R. 5539 will be enacted during fiscal year 2007
and that the entire $75 million authorized will be appropriated
for each fiscal year beginning in 2008. Estimated outlays are
based on historical spending patterns for this program.
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------
2006 2007 2008 2009 2010 2011
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
NAWCA spending under current law:
Budget authority/authorization level \1\.............. 40 75 0 0 0 0
Estimated outlays..................................... 35 39 37 30 19 II
Proposed changes:
Authorization level................................... 0 0 75 75 75 75
Estimated outlays..................................... 0 0 20 40 50 65
NAWCA spending under H.R. 5539:
Budget authority/authorization level.................. 40 75 75 75 75 75
Estimated outlays..................................... 35 39 57 70 69 77
----------------------------------------------------------------------------------------------------------------
\1\ The 2006 level is the amount appropriated for that year under the NAWCA. The 2007 level is the amount
authorized under current law for that year.
Intergovernmental and private-sector impact: H.R. 5539
contains no intergovernmental or private-sector mandates as
defined by UMRA. Enacting this legislation would benefit state,
local, and tribal governments because they receive a portion of
the funds authorized.
Estimate prepared by: Federal costs: Deborah Reis; Impact
on state, local, and tribal governments: Marjorie Miller;
Impact on the private sector: Amy Petz.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 7 OF THE NORTH AMERICAN WETLANDS CONSERVATION ACT
SEC. 7. AMOUNTS AVAILABLE TO CARRY OUT THIS ACT.
(a) * * *
* * * * * * *
(c) Authorization of Appropriations.--In addition to the
amounts made available under subsections (a) and (b) of this
section, there are authorized to be appropriated to the
Department of the Interior for purposes of allocation under
section 8 of this Act not to exceed--
(1) * * *
* * * * * * *
(5) $75,000,000 for [fiscal year 2007] each of fiscal
years 2008 through 2012.
* * * * * * *
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