[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1210 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1210

 To assist in the conservation of endangered and threatened species of 
              fauna and flora found throughout the world.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 10, 1999

  Mr. Chafee introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
 To assist in the conservation of endangered and threatened species of 
              fauna and flora found 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 ``Foreign Endangered Species 
Conservation Act of 1999''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) numerous species of fauna and flora in foreign 
        countries 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 as endangered species 
        or threatened species under section 4 of the Endangered Species 
        Act of 1973 (16 U.S.C. 1533) or in Appendix I, II, or III 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 foreign countries within the 
        range of those species, the United States and other countries, 
        and the private sector;
            (4) the grant programs established by Congress for tigers, 
        rhinoceroses, Asian elephants, and African elephants have 
        proven to be extremely successful programs that provide Federal 
        funds for conservation projects in an efficient and expeditious 
        manner and that encourage additional support for conservation 
        in the foreign countries where those species exist in the wild; 
        and
            (5) a new grant program modeled on the existing programs 
        for tigers, rhinoceroses, and elephants would provide an 
        effective means to assist in the conservation of foreign 
        endangered species for which there are no existing grant 
        programs.
    (b) Purpose.--The purpose of this Act is to conserve endangered and 
threatened species of fauna and flora in foreign countries, and the 
ecosystems on which the species depend, by supporting the conservation 
programs for those species of foreign countries 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 ``Account'' means the Foreign 
        Endangered and Threatened Species Conservation Account 
        established by section 6.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Agency for International Development.
            (3) 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.
            (4) Conservation.--The term ``conservation'' means the use 
        of methods and procedures necessary to bring a species to the 
        point at which there are sufficient populations in the wild to 
        ensure the long-term viability of the species, including--
                    (A) protection and management of populations of 
                foreign endangered or threatened species;
                    (B) maintenance, management, protection, 
                restoration, and acquisition of habitat;
                    (C) research and monitoring;
                    (D) law enforcement;
                    (E) conflict resolution initiatives; and
                    (F) community outreach and education.
            (5) Foreign endangered or threatened species.--The term 
        ``foreign endangered or threatened species'' means a species of 
        fauna or flora--
                    (A) that is listed as an endangered 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, II, or III of CITES; and
                    (B) whose range is partially or wholly located in a 
                foreign country.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior or the Secretary of Commerce, as program 
        responsibilities are vested under Reorganization Plan No. 4 of 
1970 (5 U.S.C. App.).

SEC. 4. FOREIGN SPECIES CONSERVATION ASSISTANCE.

    (a) In General.--Subject to the availability of funds, the 
Secretary shall use amounts in the Account to provide financial 
assistance for projects for the conservation of foreign endangered or 
threatened species in foreign countries 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 foreign endangered or threatened species may be 
        submitted to the Secretary by--
                    (A) any agency of a foreign country that has within 
                its boundaries any part of the range of the foreign 
                endangered or threatened species if the agency has 
                authority over fauna or flora 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 the foreign endangered or threatened 
                species.
            (2) Required information.--A project proposal shall 
        include--
                    (A) the name of the individual responsible for 
                conducting the project, and a description of the 
                qualifications of each individual who will conduct the 
                project;
                    (B) the name of the foreign endangered or 
                threatened species to benefit from the project;
                    (C) a succinct statement of the purposes of the 
                project and the methodology for implementing the 
                project, including an assessment of the status of the 
                species and how the project will benefit the species;
                    (D) an estimate of the funds and time required to 
                complete the project;
                    (E) evidence of support for the project by 
                appropriate governmental agencies of the foreign 
                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 
                non-Federal 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) Proposal Review and Approval.--
            (1) Request for additional information.--If, after 
        receiving a project proposal, the Secretary determines that the 
        project proposal is not complete, the Secretary may request 
        further information from the person or entity that submitted 
        the proposal before complying with the other provisions of this 
        subsection.
            (2) Request for comments.--The Secretary shall request 
        written comments, and provide an opportunity of not less than 
        30 days for comments, on the proposal from the appropriate 
        governmental agencies of each foreign country in which the 
        project is to be conducted.
            (3) Submission to administrator.--The Secretary shall 
        provide to the Administrator a copy of the proposal and a copy 
        of any comments received under paragraph (2). The Administrator 
        may provide comments to the Secretary within 30 days after 
        receipt of the copy of the proposal and any comments.
            (4) Decision by the secretary.--After taking into 
        consideration any comments received in a timely manner from the 
        governmental agencies under paragraph (2) and the Administrator 
        under paragraph (3), the Secretary may approve the proposal if 
        the Secretary determines that the project promotes the 
        conservation of foreign endangered or threatened species in 
        foreign countries.
            (5) Notification.--Not later than 180 days after receiving 
        a completed project proposal, the Secretary shall provide 
        written notification of the Secretary's approval or disapproval 
        under paragraph (4) to the person or entity that submitted the 
        proposal and the Administrator.
    (d) Priority Guidance.--In funding approved project proposals, the 
Secretary shall give priority to the following types of projects:
            (1) Projects that will enhance programs for the 
        conservation of foreign endangered and threatened species that 
        are most imperiled.
            (2) Projects that will provide the greatest conservation 
        benefit for a foreign endangered or threatened species.
            (3) Projects that receive the greatest level of assistance, 
        in cash or in-kind, from non-Federal sources.
            (4) Projects that will enhance local capacity for the 
        conservation of foreign endangered and threatened species.
    (e) Project Reporting.--Each person or entity that receives 
assistance under this section for a project shall submit to the 
Secretary and the Administrator periodic reports (at such intervals as 
the Secretary considers necessary) that include all information 
required by the Secretary, after consultation with the Administrator, 
for evaluating the progress and success of the project.
    (f) Guidelines.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, after providing public notice and 
        opportunity for comment, the Secretary of the Interior and the 
        Secretary of Commerce shall each develop guidelines to carry 
        out this section.
            (2) Priorities and criteria.--The guidelines shall 
        specify--
                    (A) how the priorities for funding approved 
                projects are to be determined; and
                    (B) criteria for determining which species are most 
                imperiled and which projects provide the greatest 
                conservation benefit.

SEC. 5. MULTILATERAL COLLABORATION.

    The Secretary, in collaboration with the Secretary of State and the 
Administrator, shall--
            (1) coordinate efforts to conserve foreign endangered and 
        threatened species with the relevant agencies of foreign 
        countries; and
            (2) subject to the availability of appropriations, provide 
        technical assistance to those agencies to further the agencies' 
        conservation efforts.

SEC. 6. FOREIGN ENDANGERED AND THREATENED SPECIES CONSERVATION ACCOUNT.

    (a) Establishment.--There is established in the Multinational 
Species Conservation Fund of the Treasury a separate account to be 
known as the ``Foreign Endangered and Threatened Species Conservation 
Account'', consisting of--
            (1) amounts donated to the Account;
            (2) amounts appropriated to the Account under section 7; 
        and
            (3) any interest earned on investment of amounts in the 
        Account under subsection (c).
    (b) Expenditures From Account.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        may expend from the Account, without further Act of 
        appropriation, such amounts as are necessary to carry out 
        section 4.
            (2) Administrative expenses.--An amount not to exceed 6 
        percent of the amounts in the Account--
                    (A) shall be available for each fiscal year to pay 
                the administrative expenses necessary to carry out this 
                Act; and
                    (B) shall be divided between the Secretary of the 
                Interior and the Secretary of Commerce in the same 
                proportion as the amounts made available under section 
                7 are divided between the Secretaries.
    (c) Investment of Amounts.--The Secretary shall invest such portion 
of the Account as is not required to meet current withdrawals. 
Investments may be made only in interest-bearing obligations of the 
United States.
    (d) Acceptance and Use of Donations.--The Secretary may accept and 
use donations to carry out this Act. Amounts received by the Secretary 
in the form of donations shall be available until expended, without 
further Act of appropriation.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Account for each of 
fiscal years 2001 through 2005--
            (1) $12,000,000 for use by the Secretary of the Interior; 
        and
            (2) $4,000,000 for use by the Secretary of Commerce.
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