Home > 106th Congressional Bills > H.R. 5097 (ih) To provide interim protection for certain lands in the Arapaho and Roosevelt National Forests in Colorado, to study other management options for some lands, and for other purposes. [Introduced in House] ...H.R. 5097 (ih) To provide interim protection for certain lands in the Arapaho and Roosevelt National Forests in Colorado, to study other management options for some lands, and for other purposes. [Introduced in House] ...
108th CONGRESS
2d Session
H. R. 5096
To assist in the conservation of flagship species throughout the world.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 15, 2004
Mr. Gilchrest introduced the following bill; which was referred to the
Committee on Resources
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A BILL
To assist in the conservation of flagship species throughout the world.
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 ``Flagship Species Conservation Act of
2004''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Numerous species of fauna have continued to decline to
the point that the long-term survival of those species in the
wild is in serious jeopardy.
(2) Many of those species are listed under section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533) or in Appendix
I or II of the Convention on International Trade in Endangered
Species of Wild Fauna and Flora.
(3) There are insufficient resources available for
addressing the threats facing those species, which will require
the joint commitment and effort of countries within the range
of those species, the United States and other countries, and
the private sector.
(4) The grant programs established by the Congress for
tigers, rhinoceroses, Asian elephants, African elephants, great
apes, neotropical migratory birds, and marine turtles have
proven to be extremely successful, provide Federal funds for
conservation projects in an efficient and expeditious manner,
and encourage additional support for conservation in countries
where those species exist in the wild.
(5) A new grant program modeled on the existing programs
for tigers, rhinoceroses, elephants, great apes, neotropical
migratory birds, and marine turtles would provide an effective
means to assist in the conservation of flagship species for
which there are no existing grant programs.
(b) Purpose.--The purpose of this Act is to conserve flagship
species of fauna throughout the world, and the ecosystems on which
those species depend, by supporting the conservation programs for those
species and the CITES Secretariat, promoting partnerships between the
public and private sectors, and providing financial resources for those
programs and partnerships.
SEC. 3. DEFINITIONS.
In this Act:
(1) Account.--The term ``Fund'' means the Flagship Species
Conservation Fund established by section 5.
(2) CITES.--The term ``CITES'' means the Convention on
International Trade in Endangered Species of Wild Fauna and
Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS
8249), including its appendices and amendments.
(3) Conservation.--The term ``conservation'' means the use
of methods and procedures necessary to bring a flagship species
to the point at which there are sufficient populations in the
wild to ensure that the species does not become extinct,
including--
(A) protection and management of populations of a
flagship species;
(B) maintenance, management, protection, and
restoration of habitat of a flagship species;
(C) research and monitoring;
(D) law enforcement; and
(E) community outreach and education.
(4) Fish or wildlife.--The term ``fish or wildlife'' means
any mammal, fish, bird, or reptile.
(5) Flagship species.--The term ``flagship species''--
(A) subject to subparagraph (B), means a species of
fish or wildlife--
(i) that is listed as an endangered species
or threatened species under section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533)
or that is listed in Appendix I or II of CITES;
(ii) whose range is wholly outside of the
United States; and
(iii) that appeals to the public and has
other features that make it suitable for
communicating conservation concerns; and
(B) does not include African elephants, Asian
elephants, rhinoceros, tigers, great apes, neotropical
migratory birds, and marine turtles.
(6) Multinational species conservation fund.--The term
``Multinational Species Conservation Fund'' means the fund
established under the heading ``multinational species
conservation fund'' in title I of the Department of the
Interior and Related Agencies Appropriations Act, 1999 (16
U.S.C. 4246).
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. FLAGSHIP SPECIES CONSERVATION ASSISTANCE.
(a) In General.--Subject to the availability of funds, the
Secretary shall use amounts in the Fund to provide financial assistance
for projects for the conservation of that flagship species throughout
the world, for which project proposals are approved by the Secretary in
accordance with this section.
(b) Project Proposals.--
(1) Eligible applicants.--A proposal for a project for the
conservation of a flagship species may be submitted to the
Secretary by--
(A) any relevant wildlife management authority of a
country that has within its boundaries any part of the
range of a flagship species, if the agency has
authority over fish or wildlife and the activities of
the agency directly or indirectly affect the species;
(B) the CITES Secretariat; or
(C) any person with demonstrated expertise in the
conservation of that flagship species.
(2) Required information.--A project proposal shall
include--
(A) the name of the individual with primary
responsibility for conducting the project;
(B) a succinct statement of--
(i) the purposes of the project and the
methodology for implementing the project,
including an assessment of the status of the
flagship species that is the subject of the
project; and
(ii) how the project will benefit that
species and other species that reside within
the same habitat;
(C) a description of the qualifications of the
individuals who will conduct the project;
(D) an estimate of the funds and time required to
complete the project;
(E) evidence of support for the project by
appropriate governmental entities of countries in which
the project will be conducted, if the Secretary
determines that such support is required for the
success of the project;
(F) information regarding the source and amount of
matching funds available for the project; and
(G) any other information that the Secretary
considers to be necessary for evaluating the
eligibility of the project for funding under this Act.
(c) Project Review and Approval.--
(1) In general.--The Secretary shall--
(A) not later than 30 days after receiving a
project proposal, provide a copy of the proposal to
other Federal officials, as appropriate; and
(B) review each project proposal in a timely manner
to determine whether the proposal meets the criteria
specified in subsection (d).
(2) Consultation; approval or disapproval.--Not later than
180 days after receiving a project proposal, and subject to the
availability of funds, the Secretary, after consulting with
other Federal officials, as appropriate, shall--
(A) consult on the proposal with the government of
each country in which the project is to be conducted;
(B) after taking into consideration any comments
resulting from the consultation, approve or disapprove
the project proposal; and
(C) provide written notification of the approval or
disapproval to the person that submitted the project
proposal, other Federal officials, and each country
described in subparagraph (A).
(d) Criteria for Approval.--The Secretary may approve a project
proposal under this section if the project will help recover and
sustain viable populations of flagship species in the wild by assisting
efforts in foreign countries to implement flagship species conservation
programs.
(e) Project Sustainability.--To the maximum extent practicable, in
determining whether to approve project proposals under this section,
the Secretary shall give preference to conservation projects that are
designed to ensure effective, long-term conservation of flagship
species and their nesting habitats.
(f) Matching Funds.--In determining whether to approve project
proposals under this section, the Secretary shall give preference to
projects for which matching funds are available.
(g) Project Reporting.--
(1) In general.--Each person that receives assistance under
this section for a project shall submit to the Secretary
periodic reports (at such intervals as the Secretary may
require) that include all information that the Secretary, after
consultation with other government officials, determines is
necessary to evaluate the progress and success of the project
for the purposes of ensuring positive results, assessing
problems, and fostering improvements.
(2) Availability to the public.--Reports under paragraph
(1), and any other documents relating to projects for which
financial assistance is provided under this Act, shall be made
available to the public.
SEC. 5. FLAGSHIP SPECIES CONSERVATION FUND.
(a) Establishment.--There is established in the Multinational
Species Conservation Fund a separate account to be known as the
``Flagship Species Conservation Fund'', consisting of--
(1) amounts transferred to the Secretary of the Treasury
for deposit into the Fund under subsection (e);
(2) amounts appropriated to the Fund under section 6; and
(3) any interest earned on investment of amounts in the
Fund under subsection (c).
(b) Expenditures From Fund.--
(1) In general.--Subject to paragraph (2), on request by
the Secretary, the Secretary of the Treasury shall transfer
from the Fund to the Secretary, without further appropriation,
such amounts as the Secretary determines are necessary to carry
out section 4.
(2) Administrative expenses.--Of the amounts in the account
available for each fiscal year, the Secretary may expend not
more than 3 percent, or up to $80,000, whichever is greater, to
pay the administrative expenses necessary to carry out this
Act.
(c) Investment of Amounts.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals. Investments may be made only in interest-bearing
obligations of the United States.
(2) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the
market price.
(3) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the market
price.
(4) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to and form a part of the Fund.
(d) Transfers of Amounts.--
(1) In general.--The amounts required to be transferred to
the Fund under this section shall be transferred at least
monthly from the general fund of the Treasury to the Fund on
the basis of estimates made by the Secretary of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior estimates
were in excess of or less than the amounts required to be
transferred.
(e) Acceptance and Use of Donations.--The Secretary may accept and
use donations to provide assistance under section 4. Amounts received
by the Secretary in the form of donations shall be transferred to the
Secretary of the Treasury for deposit in the Fund.
SEC. 6. ADVISORY GROUP.
(a) In General.--To assist in carrying out this Act, the Secretary
may convene an advisory group consisting of individuals representing
public and private organizations actively involved in the conservation
of flagship species.
(b) Public Participation.--
(1) Meetings.--The Advisory Group shall--
(A) ensure that each meeting of the advisory group
is open to the public; and
(B) provide, at each meeting, an opportunity for
interested persons to present oral or written
statements concerning items on the agenda.
(2) Notice.--The Secretary shall provide to the public
timely notice of each meeting of the advisory group.
(3) Minutes.--Minutes of each meeting of the advisory group
shall be kept by the Secretary and shall be made available to
the public.
(c) Exemption From Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory
group.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Fund $10,000,000 for
each of fiscal years 2005 through 2007.
SEC. 8. REPORT TO CONGRESS.
Not later than October 1, 2005, the Secretary shall submit to the
Congress a report on the results and effectiveness of the program
carried out under this Act, including--
(1) recommendations concerning how this Act might be
improved, including guidelines for determining species that are
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