[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4826 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4826

    To assist in the conservation of rare felids and rare canids by 
   supporting and providing financial resources for the conservation 
   programs of nations within the range of rare felid and rare canid 
populations and projects of persons with demonstrated expertise in the 
         conservation of rare felid and rare canid populations.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 2004

    Mr. Shaw (for himself, Mr. Udall of New Mexico, and Mr. Tanner) 
 introduced the following bill; which was referred to the Committee on 
                               Resources

_______________________________________________________________________

                                 A BILL


 
    To assist in the conservation of rare felids and rare canids by 
   supporting and providing financial resources for the conservation 
   programs of nations within the range of rare felid and rare canid 
populations and projects of persons with demonstrated expertise in the 
         conservation of rare felid and rare canid populations.

    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 ``Great Cats and Rare Canids Act of 
2004''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Many wild populations of felids and canids, once 
        considered common, are in decline, and many have declined to 
        the point that their long-term survival in the wild is in 
        serious jeopardy.
            (2) Of the 37 wild felid species worldwide, all are 
        currently recognized as species in need of protection under the 
        IUCN Red List, the lists of species in CITES appendices I, II, 
        and III, or the Endangered Species Act of 1973. Of the 35 wild 
        canid species worldwide, nearly 50 percent are recognized as in 
        need of such protection.
            (3) In addition to their intrinsic value, felids and canids 
        are important aesthetic, economic, and ecological global 
        resources that need to be conserved.
            (4) Large felids and canids are considered both umbrella 
        and indicator species. Healthy populations of these species act 
        as an important indicator of the integrity of entire ecosystems 
        and, because they require large wild spaces to persist, benefit 
        entire ecosystems and a large number of other species. Measures 
        taken to benefit these keystone species will ultimately benefit 
        a great number of other species.
            (5) Rare felids and rare canids face an array of threats, 
        including loss of habitat and natural prey, intentional and 
        unintentional takings by humans, disease transmission, and a 
        vast number of other threats. These threats need to be 
        addressed in a coordinated fashion.
            (6) Conservation of rare felid and rare canid populations 
        requires global commitment. Adequate funding for conservation 
        is sorely lacking, and many range countries for those species 
        do not have adequate infrastructure to protect species of 
        concern. Those countries that do provide assistance to 
        threatened populations need further assistance in implementing 
        effective conservation strategies.
            (7) In particular, in developing nations with limited 
        resources, poverty, population growth, and habitat loss all 
        present significant challenges to conservation of rare felids 
        and rare canids.
            (8) Although some protections and initiatives exist to 
        conserve rare felid and rare canid populations and their 
        habitat, those efforts can be significantly strengthened and 
        enhanced by increased coordination and the infusion of targeted 
        funding to benefit species of concern.

SEC. 3. PURPOSES.

    The purposes of this Act are to provide financial resources and to 
foster international cooperation--
            (1) to restore and perpetuate healthy populations of rare 
        felids and rare canids in the wild; and
            (2) to assist in the conservation of rare felid and rare 
        canid populations worldwide.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) 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.
            (2) Conservation.--The term ``conservation''--
                    (A) means the methods and procedures necessary to 
                bring a species of rare felid or rare canid to the 
                point at which there are sufficient populations in the 
                wild to ensure the long-term viability of the species;
                    (B) includes all activities associated with 
                protection and management of a rare felid or rare canid 
                population, including--
                            (i) maintenance, management, protection, 
                        and restoration of rare felid or rare canid 
                        habitat;
                            (ii) research and monitoring;
                            (iii) law enforcement;
                            (iv) community outreach and education;
                            (v) conflict resolution initiatives; and
                            (vi) strengthening the capacity of local 
                        communities, governmental agencies, 
                        nongovernmental organizations and other 
                        institutions to implement conservation 
                        programs.
            (3) Fund.--The term ``Fund'' means the Great Cats and Rare 
        Canids Conservation Fund established by section 6.
            (4) IUCN red list.--The term ``IUCN Red List'' means the 
        Red List of Threatened Species Maintained by the World 
        Conservation Union.
            (5) Rare canid.--The term ``rare canid''--
                    (A) means any canid species, subspecies, or 
                population that--
                            (i) is not native to the area comprised of 
                        the United States and Canada; and
                            (ii) is included in the IUCN Red List, 
                        Appendix I, II, or III of CITES, or any list 
                        published under section 4(c) of the Endangered 
                        Species Act of 1973 (16 U.S.C. 1532(c)); and
                    (B) includes such a subspecies or population of 
                dhole (Cuon alpinus), gray wolf (Canis lupus), 
                ethiopian wolf (Canis simensis), african wild dog 
                (Lycaon pictus), or maned wolf (Chrysocyon brachyurus).
            (6) Rare felid.--The term ``rare felid''--
                    (A) subject to subparagraph (C), means any felid 
                species, subspecies, or population that--
                            (i) is not native to the area comprised of 
                        the United States and Canada; and
                            (ii) is included in the IUCN Red List, 
                        Appendix I, II, or III of CITES, or any list 
                        published under section 4(c) of the Endangered 
                        Species Act of 1973 (16 U.S.C. 1532(c));
                    (B) includes such a subspecies or population of 
                lion (Panthera leo), leopard (Panthera pardus), jaguar 
                (Panthera onca), snow leopard (Uncia uncia), clouded 
                leopard (Neofelis nebulosa), cheetah (Acinonyx 
                jubatus), or iberian lynx (Lynx pardina); and
                    (C) does not include any tiger (Panthera tigris).
            (7) Secretary.--The term ``Secretary'' refers to the 
        Secretary of the Interior.

SEC. 5. FINANCIAL ASSISTANCE.

    (a) In General.--Subject to the availability of funds and in 
consultation with other appropriate Federal officials, the Secretary 
shall use amounts in the Fund to provide financial assistance for 
projects for the conservation of rare felid and rare canids 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 rare felid and canids may be submitted to the 
        Secretary by--
                    (A) any wildlife management authority of a country 
                that has within its boundaries any part of the range of 
                a rare felid or rare canid species, respectively; and
                    (B) any person or group with the demonstrated 
                expertise required for the conservation in the wild of 
                rare felids or rare canids, respectively.
            (2) Project proposals.--To be considered for financial 
        assistance for a project under this Act, an applicant shall 
        submit a project proposal that includes--
                    (A) a concise statement of the purposes of the 
                project;
                    (B) the name of the individual responsible for 
                conducting the project;
                    (C) a description of the qualifications of the 
                individuals who will conduct the project;
                    (D) a concise description of--
                            (i) methods for project implementation and 
                        outcome assessment;
                            (ii) staffing for the project;
                            (iii) the logistics of the project; and
                            (iv) community involvement in the project;
                    (E) an estimate of funds and time required to 
                complete the project;
                    (F) evidence of support for the project by 
                appropriate governmental entities of the countries in 
                which the project will be conducted, if the Secretary 
                determines that such support is required for the 
                success of the project;
                    (G) information regarding the source and amount of 
                matching funding available for the project; and
                    (H) 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 the 
                appropriate Federal officials; and
                    (B) review each project proposal in a timely manner 
                to determine if 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 appropriate Federal officials, shall--
                    (A) ensure the proposal contains assurances that 
                the project will be implemented in consultation with 
                relevant wildlife management authorities and other 
                appropriate government officials with jurisdiction over 
                the resources addressed by the project;
                    (B) approve or disapprove the proposal; and
                    (C) provide written notification of the approval or 
                disapproval to the person who submitted the proposal, 
                other appropriate Federal officials, and each country 
                within whose borders the project will take place.
    (d) Criteria for Approval.--The Secretary may approve a project 
proposal under this section if the project will contribute to 
conservation of rare felids or rare canids in the wild by assisting 
efforts to--
            (1) implement conservation programs;
            (2) address the conflicts between humans and rare felids or 
        rare canids, respectively, that arise from competition for the 
        same habitat or resources;
            (3) enhance compliance with CITES, the Endangered Species 
        Act of 1973, and other applicable laws that prohibit or 
        regulate the taking or trade of rare felids and rare canids or 
        regulate the use and management of rare felid and rare canid 
        habitat;
            (4) develop sound scientific information on, or methods for 
        monitoring--
                    (A) the condition and health of rare felid or rare 
                canid habitat;
                    (B) rare felid or rare canid population numbers and 
                trends; and
                    (C) the ecological characteristics and requirements 
                of populations of rare felids or rare canids for which 
                there are little or no data;
            (5) promote cooperative projects among government entities, 
        affected local communities, nongovernmental organizations, and 
        other persons in the private sector; or
            (6) funds will not be appropriated for the purchase or 
        lease of lands to be used as suitable habitat for felids or 
        canids.
    (e) Project Sustainability.--In approving project proposals under 
this section, the Secretary shall give preference to conservation 
projects that are designed to ensure effective, long-term conservation 
of rare felids and rare canids and their habitats.
    (f) Matching Funds.--In determining whether to approve project 
proposals under this section, the Secretary shall give preference to 
projects for which there exists some measure of matching funds.
    (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 considers 
        necessary) that include all information that the Secretary, 
        after consultation with other appropriate 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.
    (h) Limitations on Use for Captive Breeding or Display.--Amounts 
provided as a grant under this Act--
            (1) may not be used for captive breeding or display of rare 
        felids and rare canids other than captive breeding for release 
        into the wild; and
            (2) may be used for captive breeding of a species for 
        release into the wild only if no other conservation method for 
        the species is biologically feasible.
    (i) Limitation on Assistance for Certain Species.--Of amounts 
available for a fiscal year for providing financial assistance under 
this section, the Secretary may not use more than 25 percent to provide 
assistance for projects that target rare canid and rare felid species 
that are not listed in paragraph (5)(B) or (6)(B), respectively, of 
section 4.
    (j) Advisory Group.--
            (1) 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 felids and canids.
            (2) Public participation.--
                    (A) Meetings.--The advisory group shall--
                            (i) ensure that each meeting of the 
                        advisory group is open to the public; and
                            (ii) provide, at each meeting, an 
                        opportunity for interested persons to present 
                        oral or written statements concerning items on 
                        the agenda.
                    (B) Notice.--The Secretary shall provide to the 
                public timely notice of each meeting of the advisory 
                group, including the meeting agenda.
                    (C) Minutes.--Minutes of each meeting of the 
                advisory group shall be kept by the Secretary and shall 
                be made available to the public.
            (3) Exemption from federal advisory committee act.--The 
        Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
        to the advisory group.

SEC. 6. GREAT CATS AND RARE CANIDS CONSERVATION FUND.

    (a) Establishment.--There is established, in the Multinational 
Species Conservation Fund established in title I of the Department of 
the Interior and Related Agencies Appropriations Act, 1999 under the 
heading ``MULTINATIONAL SPECIES CONSERVATION FUND'', a separate account 
to be known as the ``Great Cats and Rare Canids Conservation Fund'', 
consisting of--
            (1) amounts transferred to the Secretary of the Treasury 
        for deposit into such account under subsection (e);
            (2) amounts appropriated to such account under section 7; 
        and
            (3) any interest earned on investment of amounts in the 
        account under subsection (c).
    (b) Expenditures From Fund.--
            (1) In general.--Subject to paragraph (2), upon 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 
        provide assistance under section 4.
            (2) Administrative expenses.--Of the amounts in the Fund 
        available for each fiscal year, the Secretary may expend not 
        more than three 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 into the Fund.

SEC. 7. AUTHORIZATION OR APPROPRIATIONS.

    There are authorized to be appropriated to the Fund $5,000,000 for 
each fiscal years 2005 through 2009 to carry out this Act.
                                 <all>