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

Page 2564 TITLE 16—CONSERVATION § 6104 Editorial Notes AMENDMENTS 2024—Pub. L. 118–51 redesignated pars. (2) to (5) as (1) to (4), respectively, and struck out former par. (1). Prior to amendment, text of par. (1) read as follows: ‘‘The term ‘Fund’ means the Neotropical Migratory Bird Conservation Fund established by section 6108(a) of this title.’’ 2006—Par. (1). Pub. L. 109–363, § 302(h)(3)(A), added par. (1) and struck out former par. (1). Text read as follows: ‘‘The term ‘Account’ means the Neotropical Migratory Bird Conservation Account established by section 6108(a) of this title.’’ Pars. (2) to (5). Pub. L. 109–363, § 302(c), added pars. (2) and (4) and redesignated former pars. (2) and (3) as (3) and (5), respectively. § 6104. Financial assistance (a) In general The Secretary shall establish a program to provide financial assistance for projects to pro- mote 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 Govern- ment, of any State, municipality, or political subdivision of a State, or of any foreign gov- ernment; (3) a State, municipality, or political sub- division of a State; (4) any other entity subject to the jurisdic- tion 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 nec- essary to complete the project, including sources and amounts of matching funds; (2) demonstrates that the project will en- hance the conservation of neotropical migra- tory bird species in the United States, Canada, Latin America, or the Caribbean; (3) includes mechanisms to ensure adequate local public participation in project develop- ment and implementation; (4) contains assurances that the project will be implemented in consultation with relevant wildlife management authorities and other ap- propriate government officials with jurisdic- tion over the resources addressed by the project; (5) demonstrates sensitivity to local historic and cultural resources and complies with ap- plicable 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 evalu- ating 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 in- formation required by the Secretary for evalu- ating 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 33.3 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 and Can- ada The 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 Car- ibbean The 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. (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; Pub. L. 118–51, § 2(a), Apr. 24, 2024, 138 Stat. 1005.) Editorial Notes AMENDMENTS 2024—Subsec. (e)(1). Pub. L. 118–51 substituted ‘‘33.3 percent’’ for ‘‘25 percent’’. 2006—Subsec. (c)(2). Pub. L. 109–363, § 302(d), inserted ‘‘Canada,’’ after ‘‘United States,’’. Subsec. (e)(2)(B). Pub. L. 109–363, § 302(e), amended subpar. (B) generally. Prior to amendment, text read as follows: ‘‘(i) PROJECTS IN THE UNITED STATES.—The non-Fed- eral 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-Fed- eral share required to be paid for a project carried out in a foreign country may be paid in cash or in kind.’’ § 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 as- sistance under section 6104 of this title; (2) encourage submission of proposals for projects eligible for financial assistance under section 6104 of this title, particularly pro- posals from relevant wildlife management au- thorities; Page 2565 TITLE 16—CONSERVATION § 6108 (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 ad- dressed by existing efforts and that are sup- ported by relevant wildlife management au- thorities; and (4) generally implement this chapter in ac- cordance with its purposes. (Pub. L. 106–247, § 6, July 20, 2000, 114 Stat. 595.) § 6106. Cooperation (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 agree- ments 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 migra- tory bird species. (b) Advisory group (1) In general To assist in carrying out this chapter, the Secretary may convene an advisory group con- sisting of individuals representing public and private organizations actively involved in the conservation of neotropical migratory birds. The advisory group as a whole shall have ex- pertise in the methods and procedures set forth in section 6103(2) of this title in each country and region of the Western Hemi- sphere. (2) Public participation (A) Meetings The advisory group shall— (i) ensure that each meeting of the advi- sory group is open to the public; and (ii) provide, at each meeting, an oppor- tunity 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 advi- sory 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 chapter 10 of title 5 Chapter 10 of title 5 shall not apply to the advisory group. (c) Report to Congress Not later than 180 days after April 24, 2024, the Secretary shall submit to the Committee on En- vironment 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 Sec- retary, which shall include, if applicable, a de- scription of the composition of the advisory group convened under paragraph (1) of that sub- section. (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; Pub. L. 118–51, § 2(b), (d)(2), Apr. 24, 2024, 138 Stat. 1005, 1006.) Editorial Notes AMENDMENTS 2024—Subsec. (b)(1). Pub. L. 118–51, § 2(d)(2), inserted period at end. Subsec. (c). Pub. L. 118–51, § 2(b), added subsec. (c). 2022—Subsec. (b)(3). Pub. L. 117–286 substituted ‘‘chap- ter 10 of title 5’’ for ‘‘Federal Advisory Committee Act’’ in heading and ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Committee Act (5 U.S.C. App.)’’ in text. 2006—Subsec. (b)(1). Pub. L. 109–363 inserted at end ‘‘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’’. Statutory Notes and Related Subsidiaries ENCOURAGEMENT TO CONVENE Pub. L. 109–363, title III, § 302(f)(2), Oct. 17, 2006, 120 Stat. 2076, provided that: ‘‘The Secretary of the Inte- rior is encouraged to convene an advisory group under section 7(b)(1) of such Act [Pub. L. 106–247, subsec. (b)(1) of this section] by not later than 6 months after the ef- fective date of this Act [Oct. 17, 2006]. This paragraph shall not be considered to authorize delay of the sched- ule previously established by the United States Fish and Wildlife Service for the submission, judging, and awarding of grants.’’ § 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 rec- ommendations 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.) Editorial Notes AMENDMENTS 2006—Pub. L. 109–363 substituted ‘‘2 years after Octo- ber 17, 2006,’’ for ‘‘October 1, 2002,’’. § 6108. Neotropical Migratory Bird Conservation Fund (a) Establishment There is established in the Treasury a sepa- rate account, which shall be known as the ‘‘Neotropical Migratory Bird Conservation Fund’’. The Fund shall consist of amounts de- posited into the Fund by the Secretary of the Treasury under subsection (b). (b) Deposits into the Fund The Secretary of the Treasury shall deposit into the Fund—