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United States

Consolidated Appropriations Act, 2005 - Migratory Bird Treaty Reform Act (MBTRA) (abridged)

Statute Details
Printable Version
Citation: PL 108-447, December 8, 2004

Citation: 118 Stat 2809


Last Checked by Web Center Staff:

Summary:   This Act includes a significant change to the Migratory Bird Treaty Act (MBTA).  The law, entitled the Migratory Bird Treaty Reform Act (MBTRA), now excludes those species considered to be not native to the United States.  The law provides that the U.S. Fish & Wildlife Service must promulgate a list of the now-excluded migratory species.  (See 70 FR 372).  Please note that the entire act (400+ pages) is not provided; rather, the title section, entire table of contents, and pertinent Department of Interior provisions that contain the MBTRA are provided.  The entire table of contents is included to show the expanse of topics covered under this bill and how major wildlife provisions may simply be inserted despite their seeming lack of relation.


Statute in Full:

[Note:  lines of asterisks indicate where text has been omitted.  The actual text of the MBTRA is at the end of this area of text.]

An Act Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 2005, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the "Consolidated Appropriations Act, 2005".

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. References.

Sec. 4. Statement of appropriations.

DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005

Title I--Agricultural Programs

Title II--Conservation Programs

Title III--Rural Development Programs Title IV--Domestic Food Programs

Title V--Foreign Assistance and Related Programs

Title VI--Related Agencies and Food and Drug Administration

Title VII--General Provisions

DIVISION B--DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005

Title I--Department of Justice

Title II--Department of Commerce and Related Agencies

Title III--The Judiciary

Title IV--Department of State and Related Agency

Title V--Related Agencies

Title VI--General Provisions

Title VII--Rescissions

Title VIII--Patent and Trademark Fees

Title IX--Oceans and Human Health Act

DIVISION C--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2005

Title I--Department of Defense--Civil

Title II--Department of the Interior

Title III--Department of Energy Title IV--Independent Agencies

Title V--General Provisions

Title VI--Reform of the Board of Directors of the Tennessee Valley Authority

DIVISION D--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2005

Title I--Export and Investment Assistance

*2810 Title II--Bilateral Economic Assistance

Title III--Military Assistance

Title IV--Multilateral Economic Assistance

Title V--General Provisions

DIVISION E--DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 2005

Title I--Department of the Interior

Title II--Related Agencies

Title III--General Provisions

Title IV--Urgent Wildland Fire Suppression Activities

Title V--General Reduction

DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005

Title I--Department of Labor

Title II--Department of Health and Human Services

Title III--Department of Education

Title IV--Related Agencies

Title V--General Provisions

DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2005

Title I--Legislative Branch Appropriations

Title II--General Provisions

DIVISION H--TRANSPORTATION, TREASURY, INDEPENDENT AGENCIES, AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2005

Title I--Department of Transportation

Title II--Department of the Treasury

Title III--Executive Office of the President and Funds Appropriated to the President

Title IV--Independent Agencies

Title V--General Provisions

Title VI--General Provisions

DIVISION I--DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2005

Title I--Department of Veterans Affairs

Title II--Department of Housing and Urban Development

Title III--Independent Agencies

Title IV--General Provisions

DIVISION J--OTHER MATTERS

Title I--Miscellaneous Provisions and Offsets

Title II--225th Anniversary of the American Revolution Commemoration Act

Title III--Rural Air Service Improvement Act of 2004

Title IV--L-1 Visa and H-1B Visa Reform Act

Title V--National Aviation Heritage Area Act

Title VI--Oil Region National Heritage Area Act

Title VII--Mississippi Gulf Coast National Heritage Area Act

Title VIII--Federal Lands Recreation Enhancement Act

Title IX--Satellite Home Viewer Extension and Reauthorization Act of 2004

Title X--Snake River Water Rights Act of 2004

DIVISION K--SMALL BUSINESS

<< 1 USCA § 1 NOTE >>

SEC. 3. REFERENCES.

Except as expressly provided otherwise, any reference to "this Act" contained in any division of this Act shall be treated as referring only to the provisions of that division.

SEC. 4. STATEMENT OF APPROPRIATIONS.

The following sums in this Act are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2005.

DIVISION E--DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 2005

TITLE I--DEPARTMENT OF THE INTERIOR

Bureau of Land Management

MANAGEMENT OF LANDS AND RESOURCES

For necessary expenses for protection, use, improvement, development, disposal, cadastral surveying, classification, acquisition of easements and other interests in lands, and performance of other functions, including maintenance of facilities, as authorized by law, in the management of lands and their resources under the jurisdiction of the Bureau of Land Management, including the general administration of the Bureau, and assessment of mineral potential of public lands pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), $848,939,000, to remain available until expended, of which $1,000,000 is for high priority projects, to be carried out by the Youth Conservation Corps; $4,000,000 is for assessment of the mineral potential of public lands in Alaska pursuant to section 1010 of Public Law 96-487; (16 U.S.C. 3150); and of which not to exceed $1,000,000 shall be derived from the special receipt account established by the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l-6a(i)); and of which $3,500,000 shall be available in fiscal year 2005 subject to a match by at least an equal amount by the National Fish and Wildlife Foundation *3040 for cost-shared projects supporting conservation of Bureau lands; and such funds shall be advanced to the Foundation as a lump sum grant without regard to when expenses are incurred.

In addition, $32,696,000 is for Mining Law Administration program operations, including the cost of administering the mining claim fee program; to remain available until expended, to be reduced by amounts collected by the Bureau and credited to this appropriation from annual mining claim fees so as to result in a final appropriation estimated at not more than $848,939,000, and $2,000,000, to remain available until expended, from communication site rental fees established by the Bureau for the cost of administering communication site activities.

*****************************************************************************************

General Provisions, Department of the Interior

SEC. 101. Appropriations made in this title shall be available for expenditure or transfer (within each bureau or office), with the approval of the Secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided, That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted: Provided further, That all funds used pursuant to this section are hereby designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate by section 14007 of Public Law 108-287, and must be replenished by a supplemental appropriation which must be requested as promptly as possible.

SEC. 102. The Secretary may authorize the expenditure or transfer of any no year appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of wildland fires on or threatening lands under the jurisdiction of the Department of the Interior; for the emergency rehabilitation of burned-over lands under its jurisdiction; for emergency actions related to potential or actual earthquakes, floods, volcanoes, storms, or other unavoidable causes; for contingency planning subsequent to actual oil spills; for response and natural resource damage assessment activities related to actual oil spills; for the prevention, suppression, and control of actual or potential grasshopper and Mormon cricket outbreaks on lands under the jurisdiction of the Secretary, pursuant to the authority in section 1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation projects under section 410 of Public Law 95- 87; and shall transfer, from any no year funds available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit assumption of regulatory authority in the event a primacy State is not carrying out the regulatory provisions of the Surface Mining Act: Provided, That appropriations made in this title for wildland fire operations shall be available for the payment of obligations incurred during the preceding fiscal year, and for reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other equipment in connection with their use for wildland fire operations, such reimbursement to be credited to appropriations *3063 currently available at the time of receipt thereof: Provided further, That for wildland fire operations, no funds shall be made available under this authority until the Secretary determines that funds appropriated for "wildland fire operations" shall be exhausted within 30 days: Provided further, That all funds used pursuant to this section are hereby designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate by section 14007 of Public Law 108-287, and must be replenished by a supplemental appropriation which must be requested as promptly as possible: Provided further, That such replenishment funds shall be used to reimburse, on a pro rata basis, accounts from which emergency funds were transferred.

*****************************************************************************************

<< 16 USCA § 710 NOTE >>

SEC. 143. (a) SHORT TITLE.--This section may be cited as the "Migratory Bird Treaty Reform Act of 2004".

(b) 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--

<< 16 USCA § 703 >>

(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

<< 16 USCA § 703 >>

(2) by adding at the end the following:

"(b) LIMITATION ON APPLICATION TO INTRODUCED SPECIES.--

"(1) IN GENERAL.--This Act applies only to migratory bird species that are native to the United States or its territories.

"(2) NATIVE TO THE UNITED STATES DEFINED.--

"(A) IN GENERAL.--Subject to subparagraph (B), in this subsection the term 'native to the United States or its territories' means occurring in the United States or its territories as the result of natural biological or ecological processes.

"(B) TREATMENT OF INTRODUCED SPECIES.--For purposes of paragraph (1), a migratory bird species that occurs in the United States or its territories solely as a result of intentional or unintentional human-assisted introduction shall not be considered native to the United States or its territories unless--

"(i) it was native to the United States or its territories and extant in 1918;

*3072

"(ii) it was extirpated after 1918 throughout its range in the United States and its territories; and

"(iii) after such extirpation, it was reintroduced in the United States or its territories as a part of a program carried out by a Federal agency.".

<< 16 USCA § 703 NOTE >>

(c) PUBLICATION OF LIST.--

(1) IN GENERAL.--Not later than 90 days after the date of enactment of this section, the Secretary of the Interior shall publish in the Federal Register a list of all nonnative, human-introduced bird species to which the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) does not apply. As necessary, the Secretary may update and publish the list of species exempted from protection of the Migratory Bird Treaty Act.

(2) PUBLIC COMMENT.--Before publishing the list under paragraph (1), the Secretary shall provide adequate time for public comment.

(3) EFFECT OF SECTION.--Nothing in this subsection shall delay implementation of other provisions of this section or amendments made by this section that exclude nonnative, human-introduced bird species from the application of the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.).

 



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