text: TITLE I--EXCLUSION OF NONNATIVE SPECIES FROM MIGRATORY BIRD TREATY ACT
  
  SEC. 101. SHORT TITLE.
  
      This title may be cited as the ``Migratory Bird Treaty Reform Act 
  of 2004''.
  
  SEC. 102. EXCLUSION OF NON-NATIVE SPECIES FROM APPLICATION OF CERTAIN 
                PROHIBITIONS UNDER MIGRATORY BIRD TREATY ACT.
  
      Section 2 of the Migratory Bird Treaty Act (16 U.S.C. 703) is 
  amended--
              (1) in the first sentence by striking ``That unless and 
          except as permitted'' and inserting the following: ``(a) In 
          General.--Unless and except as permitted''; and
              (2) by adding at the end the following:
      ``(b) Limitation on Application to Introduced Species.--
              ``(1) In general.--This section applies only to migratory 
          bird species that are native to the United States and whose 
          occurrence in the United States is entirely the result of 
          natural biological or ecological conditions.
              ``(2) Treatment of introduced species.--For purposes of 
          paragraph (1)--
                      ``(A) a bird species shall not be treated as native 
                  to the United States if it occurs in the United States 
                  solely as a result of intentional or unintentional 
                  human-assisted introduction; and
                      ``(B) a migratory bird species shall be treated as 
                  native to the United States if--
                              ``(i) it was native to the United States 
                          and extant in 1918;
                              ``(ii) it was extirpated after 1918 
                          throughout its range in the United States; and
                              ``(iii) after such extirpation, it was 
                          reintroduced in the United States as a part of 
                          a program carried out by a Federal agency.''.
  
  SEC. 103. PUBLICATION OF LIST.
  
      The Secretary of the Interior shall publish in the Federal Register 
  within 3 months after the date of enactment of this Act a list of all 
  non-native, human introduced bird species to which the Migratory Bird 
  Treaty Act does not apply that belong to biological families of 
  migratory birds covered under any of the migratory bird conventions 
  with Great Britain (for Canada), Mexico, Russia, or Japan. The 
  Secretary shall provide adequate time for public comment. Nothing in 
  this section concerning the publication of the list shall delay 
  implementation of other provisions of this Act that exclude non-native, 
  human introduced bird species from the application of the Migratory 
  Bird Treaty Act.
  
           TITLE II--CONSERVATION OF NEOTROPICAL MIGRATORY BIRDS
  
  SEC. 201. SHORT TITLE.
  
      This title may be cited as the ``Neotropical Migratory Bird 
  Conservation Improvement Act of 2004''.
  
  SEC. 202. AMENDMENTS TO NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT.
  
      (a) Findings.--Section 2(1) of the Neotropical Migratory Bird 
  Conservation Act (16 U.S.C. 6101(1)) is amended by inserting ``but 
  breed in Canada and the United States'' after ``the Caribbean''.
      (b) Purposes.--Section 3(2) of the Neotropical Migratory Bird 
  Conservation Act (16 U.S.C. 6102(2)) is amended by inserting 
  ``Canada,'' after ``United States,''.
      (c) Definition of Caribbean.--Section 4 of the Neotropical 
  Migratory Bird Conservation Act is amended by redesignating paragraphs 
  (2) and (3) in order or paragraphs (3) and (4), and by inserting 
  paragraph (1) the following:
              ``(2) Caribbean.--The term `Caribbean' includes Puerto Rico 
          and the United States Virgin Islands.''.
      (d) Cost Sharing.--Section 5(e) of the Neotropical Migratory Bird 
  Conservation Act (16 U.S.C. 6104(e)) is amended--
              (1) in paragraph (1) by striking ``25 percent'' and 
          inserting ``50 percent''; and
              (2) in paragraph (2) by amending subparagraph (B) to read 
          as follows:
                      ``(B) Form of payment.--
                              ``(i) Projects in the united states and 
                          canada.--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 
                          caribbean.--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.''.
      (e) Report.--Section 8 of the Neotropical Migratory Bird 
  Conservation Act (16 U.S.C. 6107) is amended--
              (1) by striking ``October 1, 2002,'' and inserting ``12 
          months after the date of the enactment of the Neotropical 
          Migratory Bird Conservation Improvement Act of 2004,''; and
              (2) by inserting before the period the following: ``, and a 
          description of the activities of the advisory committee 
          convened under section 7(b)''.
      (f) Neotropical Migratory Bird Conservation Fund.--
              (1) In general.-- Section 9 of the Neotropical Migratory 
          Bird Conservation Act (16 U.S.C. 6108) is amended by striking 
          so much as precedes subsection (c) and inserting the following:
  
  ``SEC. 9. NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND.
  
      ``(a) Establishment.--There is established in the Treasury a 
  separate account, which shall be known as the `Neotropical Migratory 
  Bird Conservation Fund'. The Fund shall consist of amounts deposited 
  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--
              ``(1) all amounts received by the Secretary in the form of 
          donations under subsection (d); and
              ``(2) other amounts appropriated to the Fund.''.
              (2) Administrative expenses.--Section 9(c)(2) of the 
          Neotropical Migratory Bird Conservation Act (16 U.S.C. 
          6108(c)(2)) is amended by striking ``$80,000'' and inserting 
          ``$150,000''.
              (3) Conforming amendments.--The Neotropical Migratory Bird 
          Conservation Act is amended as follows:
                      (A) In section 4 (16 U.S.C. 6103), by striking 
                  paragraph (1) and inserting the following:
              ``(1) Fund.--The term `Fund' means the Neotropical 
          Migratory Bird Conservation Fund established by section 
          9(a).''.
                      (B) In section 9(d) (16 U.S.C. 6108(d)), by 
                  striking ``Account'' and inserting ``Fund''.
              (4) Transfer.--The Secretary of the Treasury may transfer 
          to the Neotropical Migratory Bird Conservation Fund amounts 
          that were in the Neotropical Migratory Bird Conservation 
          Account immediately before the enactment of this Act.
      (g) Authorization of Appropriations.--Section 10 of the Neotropical 
  Migratory Bird Conservation Act (16 U.S.C. 6109) is amended to read as 
  follows:
  
  ``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
  
      ``(a) In General.--There is authorized to be appropriated to the 
  Fund to carry out this Act the following amounts:
              ``(1) $5,000,000 for fiscal year 2005.
              ``(2) $5,000,000 for fiscal year 2006.
              ``(3) $10,000,000 for fiscal year 2007.
              ``(4) $15,000,000 for fiscal year 2008.
      ``(b) Availability.--Amounts appropriated under this section may 
  remain available until expended.
      ``(c) Allocation.--Of amounts appropriated under this section for 
  each fiscal year, not less than 75 percent shall be expended for 
  projects carried out outside the United States.
      ``(d) Limitation on Expenditures for Projects in Canada.--Amounts 
  appropriated under this section for a fiscal year may not be used for 
  any project in Canada unless the amount available to carry out this Act 
  for that fiscal year is greater than $10,000,000.''.
target: Title I: Exclusion of Nonnative Species from Migratory Bird Treaty Act - Migratory Bird Treaty Reform Act of 2004 - (Sec. 102) Amends the Migratory Bird Treaty Act (MBTA) to clarify that the MBTA's prohibition on taking, killing, or possessing migratory birds applies only to native migratory bird species whose occurrence in the United States results from natural biological or ecological conditions.
  
   Excludes from coverage under the MBTA bird species occurring as the result of human assisted introduction unless the species: (1) was native to the United States and extant in 1918; (2) became extinct throughout its range thereafter; and (3) was reintroduced as part of a Federal program.
  
  (Sec. 103) Requires the Secretary of the Interior (the Secretary) to publish a list of all non-native, human introduced bird species to which the MBTA does not apply that belong to biological families of migratory birds covered under any migratory bird conventions with Great Britain (for Canada), Mexico, Russia, or Japan.
  
  Title II: Conservation of Neotropical Migratory Birds - Neotropical Migratory Bird Conservation Improvement Act of 2004 - (Sec. 202) Amends the Neotropical Migratory Bird Conservation Act (NMBCA) to increase the Federal share of costs for projects funded under that Act. Prescribes the form of payment for such projects undertaken in the United States and Canada versus Latin America and the Caribbean.
  
  Establishes the Neotropical Migratory Bird Conservation Fund.
  
  Increases the amount of funds that the Secretary may expend to administer the NMBCA.
  
  Authorizes the Secretary of the Treasury to transfer to the Fund amounts that were in the Neotropical Migratory Bird Conservation Account immediately before the enactment of this Act.
  
  Authorizes appropriations. Requires not less than 75 percent of such appropriations to be used for projects outside the United States. Prohibits expenditures for projects in Canada during a fiscal year unless the amount available to carry out NMBCA exceeds $10 million for that year.
feat_title: To amend the Migratory Bird Treaty Act to exclude non-native migratory bird species from the application of that Act, and for other purposes.