[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5096 Introduced in House (IH)]






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

_______________________________________________________________________

                                 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 
        flagship species; and
            (2) recommendations concerning whether the Fund should be 
        continued in the future.
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