[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1787 Enrolled Bill (ENR)]

        H.R.1787

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
 the seventh day of January, one thousand nine hundred and ninety-seven


                                 An Act


 
   To assist in the conservation of Asian elephants by supporting and 
 providing financial resources for the conservation programs of nations 
    within the range of Asian elephants and projects of persons with 
     demonstrated expertise in the conservation of Asian elephants.

    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 ``Asian Elephant Conservation Act of 
1997''.

SEC. 2. FINDINGS.

    The Congress finds the following:
        (1) Asian elephant populations in nations within the range of 
    Asian elephants have continued to decline to the point that the 
    long-term survival of the species in the wild is in serious 
    jeopardy.
        (2) The Asian elephant is listed as an endangered species under 
    section 4 of the Endangered Species Act of 1973 and under appendix 
    I of the Convention on International Trade of Endangered Species of 
    Wild Fauna and Flora.
        (3) Because the challenges facing the conservation of Asian 
    elephants are so great, resources to date have not been sufficient 
    to cope with the continued loss of habitat and the consequent 
    diminution of Asian elephant populations.
        (4) The Asian elephant is a flagship species for the 
    conservation of tropical forest habitats in which it is found and 
    provides the consequent benefit from such conservation to numerous 
    other species of wildlife including many other endangered species.
        (5) Among the threats to the Asian elephant in addition to 
    habitat loss are population fragmentation, human-elephant conflict, 
    poaching for ivory, meat, hide, bones and teeth, and capture for 
    domestication.
        (6) To reduce, remove, or otherwise effectively address these 
    threats to the long-term viability of populations of Asian 
    elephants in the wild will require the joint commitment and effort 
    of nations within the range of Asian elephants, the United States 
    and other countries, and the private sector.

SEC. 3. PURPOSES.

    The purposes of this Act are the following:
        (1) To perpetuate healthy populations of Asian elephants.
        (2) To assist in the conservation and protection of Asian 
    elephants by supporting the conservation programs of Asian elephant 
    range states and the CITES Secretariat.
        (3) To provide financial resources for those programs.

SEC. 4. DEFINITIONS.

    In this Act:
        (1) The term ``CITES'' means the Convention on International 
    Trade in Endangered Species of Wild Fauna and Flora, signed on 
    March 3, 1973, and its appendices.
        (2) The term ``conservation'' means the use of methods and 
    procedures necessary to bring Asian elephants to the point at which 
    there are sufficient populations in the wild to ensure that the 
    species does not become extinct, including all activities 
    associated with scientific resource management, such as 
    conservation, protection, restoration, acquisition, and management 
    of habitat; research and monitoring of known populations; 
    assistance in the development of management plans for managed 
    elephant ranges; CITES enforcement; law enforcement through 
    community participation; translocation of elephants; conflict 
    resolution initiatives; and community outreach and education.
        (3) The term ``Fund'' means the Asian Elephant Conservation 
    Fund established under section 6(a).
        (4) The term ``Secretary'' means the Secretary of the Interior.
        (5) The term ``Administrator'' means the Administrator of the 
    Agency for International Development.

SEC. 5. ASIAN ELEPHANT CONSERVATION ASSISTANCE.

    (a) In General.--The Secretary, subject to the availability of 
funds and in consultation with the Administrator, shall use amounts in 
the Fund to provide financial assistance for projects for the 
conservation of Asian elephants for which final project proposals are 
approved by the Secretary in accordance with this section.
    (b) Project Proposal.--Any relevant wildlife management authority 
of a nation within the range of Asian elephants whose activities 
directly or indirectly affect Asian elephant populations, the CITES 
Secretariat, or any person with demonstrated expertise in the 
conservation of Asian elephants, may submit to the Secretary a project 
proposal under this section. Each proposal shall include the following:
        (1) The name of the individual responsible for conducting the 
    project.
        (2) A succinct statement of the purposes of the project.
        (3) A description of the qualifications of the individuals who 
    will conduct the project.
        (4) An estimate of the funds and time required to complete the 
    project.
        (5) Evidence of support of the project by appropriate 
    governmental entities of countries in which the project will be 
    conducted, if the Secretary determines that the support is required 
    for the success of the project.
        (6) Information regarding the source and amount of matching 
    funding available to the applicant.
        (7) Any other information 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.--Within 30 days after receiving a final project 
    proposal, the Secretary shall provide a copy of the proposal to the 
    Administrator. The Secretary shall review each final project 
    proposal to determine if it meets the criteria set forth in 
    subsection (d).
        (2) Consultation; approval or disapproval.--Not later than 6 
    months after receiving a final project proposal, and subject to the 
    availability of funds, the Secretary, after consulting with the 
    Administrator, shall--
            (A) request written comments on the proposal from each 
        country within which the project is to be conducted;
            (B) after requesting those comments, approve or disapprove 
        the proposal; and
            (C) provide written notification of that approval or 
        disapproval to the person who submitted the proposal, the 
        Administrator, and each of those countries.
    (d) Criteria for Approval.--The Secretary may approve a final 
project proposal under this section if the project will enhance 
programs for conservation of Asian elephants by assisting efforts to--
        (1) implement conservation programs;
        (2) address the conflicts between humans and elephants that 
    arise from competition for the same habitat;
        (3) enhance compliance with provisions of CITES and laws of the 
    United States or a foreign country that prohibit or regulate the 
    taking or trade of Asian elephants or regulate the use and 
    management of Asian elephant habitat;
        (4) develop sound scientific information on the condition of 
    Asian elephant habitat, Asian elephant population numbers and 
    trends, or the threats to such habitat, numbers, or trends; or
        (5) promote cooperative projects on those topics with other 
    foreign governments, affected local communities, nongovernmental 
    organizations, or others in the private sector.
    (e) Project Sustainability.--To the maximum extent practical, in 
determining whether to approve project proposals under this section, 
the Secretary shall give consideration to projects which will enhance 
sustainable integrated conservation development programs to ensure 
effective, long-term conservation of Asian elephants.
    (f) Project Reporting.--Each person who receives assistance under 
this section for a project shall provide periodic reports, as the 
Secretary considers necessary, to the Secretary and the Administrator. 
Each report shall include all information required by the Secretary, 
after consulting with the Administrator, for evaluating the progress 
and success of the project.
    (g) Matching Funds.--In determining whether to approve project 
proposals under this section, the Secretary shall give priority to 
those projects for which there exists some measure of matching funds.
    (h) Limitation on Use for Captive Breeding.--Amounts provided as a 
grant under this Act may not be used for captive breeding of Asian 
elephants other than for release in the wild.

SEC. 6. ASIAN ELEPHANT CONSERVATION FUND.

    (a) Establishment.--There is established in the general fund of the 
Treasury a separate account to be known as the ``Asian Elephant 
Conservation Fund'', which 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.
    (c) Use.--
        (1) In general.--Subject to paragraph (2), the Secretary may 
    use amounts in the Fund without further appropriation to provide 
    assistance under section 5.
        (2) Administration.--Of amounts in the Fund available for each 
    fiscal year, the Secretary may use not more than 3 percent to 
    administer the Fund.
    (d) Acceptance and Use of Donations.--The Secretary may accept and 
use donations to provide assistance under section 5. Amounts received 
by the Secretary in the form of donations shall be transferred to the 
Secretary of the Treasury for deposit into the Fund.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Fund $5,000,000 for 
each of fiscal years 1998, 1999, 2000, 2001, and 2002 to carry out this 
Act, which may remain available until expended.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.