[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 128 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 128

 To assist in the conservation of cranes by supporting and providing, 
 through projects of persons and organizations with expertise in crane 
  conservation, financial resources for the conservation programs of 
countries the activities of which directly or indirectly affect cranes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 9, 2003

 Mr. Feingold introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To assist in the conservation of cranes by supporting and providing, 
 through projects of persons and organizations with expertise in crane 
  conservation, financial resources for the conservation programs of 
countries the activities of which directly or indirectly affect cranes.

    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 ``Crane Conservation Act of 2003''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) crane populations in many countries have experienced 
        serious decline in recent decades, a trend that, if continued 
        at the current rate, threatens the long-term survival of the 
        species in the wild in Africa, Asia, and Europe;
            (2) 5 species of Asian crane are listed as endangered 
        species under section 4 of the Endangered Species Act of 1973 
        (16 U.S.C. 1533) and appendix I of the Convention, which 
        species are--
                    (A) the Siberian crane (Grus leucogeranus);
                    (B) the red-crowned crane (Grus japonensis);
                    (C) the white-naped crane (Grus vipio);
                    (D) the black-necked crane (Grus nigricollis); and
                    (E) the hooded crane (Grus monacha);
            (3) the Crane Action Plan of the International Union for 
        the Conservation of Nature considers 4 species of cranes from 
        Africa and 1 additional species of crane from Asia to be 
        seriously threatened, which species are--
                    (A) the wattled crane (Bugeranus carunculatus);
                    (B) the blue crane (Anthropoides paradisea);
                    (C) the grey-crowned crane (Balearica regulorum);
                    (D) the black-crowned crane (Balearica pavonina); 
                and
                    (E) the sarus crane (Grus antigone);
            (4)(A) the whooping crane (Grus americana) and the 
        Mississippi sandhill crane (Grus canadensis pulla) are listed 
        as endangered species under section 4 of the Endangered Species 
        Act of 1973 (16 U.S.C. 1533); and
            (B) with fewer than 200 whooping cranes in the only self-
        sustaining flock that migrates between Canada and the United 
        States, and approximately 100 Mississippi sandhill cranes in 
        the wild, both species remain vulnerable to extinction;
            (5) conservation resources have not been sufficient to cope 
        with the continued diminution of crane populations from causes 
        that include hunting and the continued loss of habitat;
            (6)(A) cranes are flagship species for the conservation of 
        wetland, grassland, and agricultural landscapes that border 
        wetland and grassland; and
            (B) the establishment of crane conservation programs would 
        result in the provision of conservation benefits to numerous 
        other species of plants and animals, including many endangered 
        species;
            (7) other threats to cranes include--
                    (A) the collection of eggs and juveniles;
                    (B) poisoning from insecticides applied to crops;
                    (C) collisions with power lines;
                    (D) disturbance from warfare and human settlement; 
                and
                    (E) the trapping of live birds for sale;
            (8) to reduce, remove, and otherwise effectively address 
        those threats to cranes in the wild, the joint commitment and 
        effort of countries in Africa, Asia, and North America, other 
        countries, and the private sector, are required;
            (9) cranes are excellent ambassadors to promote goodwill 
        among countries because they are well known and migrate across 
        continents;
            (10) because the threats facing cranes and habitats of 
        cranes are similar on all 5 continents on which cranes occur, 
        conservation successes and methods developed in 1 region have 
wide applicability in other regions; and
            (11) conservationists in the United States have much to 
        teach and much to learn from colleagues working in other 
        countries in which, as in the United States, government and 
        private agencies cooperate to conserve threatened cranes.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to perpetuate healthy populations of cranes;
            (2) to assist in the conservation and protection of cranes 
        by supporting--
                    (A) conservation programs in countries in which 
                endangered and threatened cranes occur; and
                    (B) the efforts of private organizations committed 
                to helping cranes; and
            (3) to provide financial resources for those programs and 
        efforts.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Conservation.--
                    (A) In general.--The term ``conservation'' means 
                the use of any method or procedure necessary to ensure 
                that the population of a species of crane in the wild 
                is sufficient to ensure that the species does not 
                become extinct, as determined by the Secretary.
                    (B) Inclusions.--The term ``conservation'' includes 
                the carrying out of any activity associated with 
                scientific resource management, such as--
                            (i) protection, restoration, acquisition, 
                        and management of habitat;
                            (ii) research and monitoring of known 
                        populations;
                            (iii) the provision of assistance in the 
                        development of management plans for managed 
                        crane ranges;
                            (iv) enforcement of the Convention;
                            (v) law enforcement and habitat protection 
                        through community participation;
                            (vi) reintroduction of cranes to the wild;
                            (vii) conflict resolution initiatives; and
                            (viii) community outreach and education.
            (2) Convention.--The term ``Convention'' has the meaning 
        given the term in section 3 of the Endangered Species Act of 
        1973 (16 U.S.C. 1532).
            (3) Fund.--The term ``Fund'' means the Crane Conservation 
        Fund established by section 6(a).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 5. CRANE CONSERVATION ASSISTANCE.

    (a) In General.--Subject to the availability of appropriations and 
in consultation with other appropriate Federal officials, the Secretary 
shall use amounts in the Fund to provide financial assistance for 
projects relating to the conservation of cranes for which project 
proposals are approved by the Secretary in accordance with this 
section.
    (b) Project Proposals.--
            (1) Applicants.--
                    (A) In general.--An applicant described in 
                subparagraph (B) that seeks to receive assistance under 
                this section to carry out a project relating to the 
                conservation of cranes shall submit to the Secretary a 
                project proposal that meets the requirements of this 
                section.
                    (B) Eligible applicants.--An applicant described in 
                this subparagraph is--
                            (i) any relevant wildlife management 
                        authority of a country that--
                                    (I) is located within the African, 
                                Asian, European, or North American 
                                range of a species of crane; and
                                    (II) carries out 1 or more 
                                activities that directly or indirectly 
                                affect crane populations;
                            (ii) the Secretariat of the Convention; and
                            (iii) any person or organization with 
                        demonstrated expertise in the conservation of 
                        cranes.
            (2) Required elements.--A project proposal submitted under 
        paragraph (1)(A) shall include--
                    (A) a concise statement of the purpose of the 
                project;
                    (B)(i) the name of each individual responsible for 
                conducting the project; and
                    (ii) a description of the qualifications of each of 
                those individuals;
                    (C) a concise description of--
                            (i) methods to be used to implement and 
                        assess the outcome of the project;
                            (ii) staff and community management for the 
                        project; and
                            (iii) the logistics of the project;
                    (D) an estimate of the funds and the period of time 
                required to complete the project;
                    (E) evidence of support for the project by 
                appropriate government entities of countries in which 
                the project will be conducted, if the Secretary 
                determines that such support is required to ensure the 
                success of the project;
                    (F) information regarding the source and amount of 
                matching funding available for the project; and
                    (G) any other information that the Secretary 
                considers to be necessary for evaluating the 
                eligibility of the project to receive assistance under 
                this Act.
    (c) Project Review and Approval.--
            (1) In general.--The Secretary shall--
                    (A) not later than 30 days after receiving a final 
                project proposal, provide a copy of the proposal to 
                other appropriate Federal officials; and
                    (B) review each project proposal in a timely manner 
                to determine whether the proposal meets the criteria 
                described in subsection (d).
            (2) Consultation; approval or disapproval.--Not later than 
        180 days after receiving a project proposal, and subject to the 
        availability of appropriations, the Secretary, after consulting 
        with other appropriate Federal officials, shall--
                    (A) consult on the proposal with the government of 
                each country in which the project is to be carried out;
                    (B) after taking into consideration any comments 
                resulting from the consultation, approve or disapprove 
                the proposal; and
                    (C) provide written notification of the approval or 
                disapproval to--
                            (i) the applicant that submitted the 
                        proposal;
                            (ii) other appropriate Federal officials; 
                        and
                            (iii) each country described in 
                        subparagraph (A).
    (d) Criteria for Approval.--The Secretary may approve a project 
proposal under this section if the Secretary determines that the 
proposed project will enhance programs for conservation of cranes by 
assisting efforts to--
            (1) implement conservation programs;
            (2) address the conflicts between humans and cranes that 
        arise from competition for the same habitat or resources;
            (3) enhance compliance with the Convention and other 
        applicable laws that--
                    (A) prohibit or regulate the taking or trade of 
                cranes; or
                    (B) regulate the use and management of crane 
                habitat;
            (4) develop sound scientific information on, or methods for 
        monitoring--
                    (A) the condition of crane habitat;
                    (B) crane population numbers and trends; or
                    (C) the current and projected threats to crane 
                habitat and population numbers and trends;
            (5) promote cooperative projects on the issues described in 
        paragraph (4) among--
                    (A) governmental entities;
                    (B) affected local communities;
                    (C) nongovernmental organizations; or
                    (D) other persons in the private sector;
            (6) carry out necessary scientific research on cranes;
            (7) reintroduce cranes successfully back into the wild, 
        including propagation of a sufficient number of cranes required 
        for this purpose; or
            (8) provide relevant training to, or support technical 
        exchanges involving, staff responsible for managing cranes or 
        habitats of cranes, to enhance capacity for effective 
        conservation.
    (e) Project Sustainability; Matching Funds.--To the maximum extent 
practicable, in determining whether to approve a project proposal under 
this section, the Secretary shall give preference to a proposed 
project--
            (1) that is designed to ensure effective, long-term 
        conservation of cranes and habitats of cranes; or
            (2) for which matching funds are available.
    (f) Project Reporting.--
            (1) In general.--Each person that receives assistance under 
        this section for a project shall submit to the Secretary, at 
        such periodic intervals as are determined by the Secretary, 
        reports that include all information that the Secretary, after 
        consulting with other appropriate government officials, 
        determines to be necessary to evaluate the progress and success 
        of the project for the purposes of--
                    (A) ensuring positive results;
                    (B) assessing problems; and
                    (C) fostering improvements.
            (2) Availability to the public.--Each report submitted 
        under paragraph (1), and any other documents relating to a 
        project for which financial assistance is provided under this 
        Act, shall be made available to the public.
    (g) Panel.--As soon as practicable after the date of enactment of 
this Act, and biennially thereafter, the Secretary shall convene a 
panel of experts, including specialists on cranes and wetland, to 
identify the greatest needs with respect to the conservation of cranes.

SEC. 6. CRANE CONSERVATION FUND.

    (a) Establishment.--There is established in the Multinational 
Species Conservation Fund established by the matter under the heading 
``MULTINATIONAL SPECIES CONSERVATION FUND'' in title I of the 
Department of the Interior and Related Agencies Appropriations Act, 
1999 (112 Stat. 2681-237; 16 U.S.C. 4246) a separate account to be 
known as the ``Crane 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 7; and
            (3) any interest earned on investment of amounts in the 
        Fund under subsection (c).
    (b) Expenditures From Fund.--
            (1) In general.--Subject to paragraphs (2) and (3), 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 5.
            (2) Administrative expenses.--Of the amounts in the Fund 
        available for each fiscal year, the Secretary may expend not 
        more than 3 percent, or $80,000, whichever is greater, to pay 
        the administrative expenses necessary to carry out this Act.
            (3) Limitation.--Not more than 50 percent of the amounts 
        made available from the Fund for any fiscal year may be used 
        for projects relating to the conservation of North American 
        crane species.
    (c) Investments 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.--
            (1) In general.--The Secretary may accept and use donations 
        to provide assistance under section 5.
            (2) Transfer of donations.--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. 7. 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 cranes.
    (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.

SEC. 8. FUNDING.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to the Fund $3,000,000 for each of fiscal years 2004 
through 2007, to remain available until expended.
    (b) Offset.--Of the funds made available for projects under the 
clean coal technology program of the Department of Energy for 
obligation in fiscal years before fiscal year 2003 that are carried 
over for use in subsequent fiscal years under section 305 of Public Law 
107-66 (115 Stat. 509), but that are not obligated for those projects--
            (1) $9,000,000 shall be available for transfer under 
        subsection (d) only after September 30, 2004; and
            (2) $9,000,000 shall be available for transfer under 
        subsection (d) only after September 30, 2005.
    (c) Ongoing Projects.--Nothing in subsection (b) affects any funds 
made available for any fiscal year that are obligated for a new or 
ongoing project under the clean coal technology program of the 
Department of Energy.
    (d) Transfer of Funds.--Amounts made available under subsection (b) 
shall be transferred to the Secretary for use in carrying out this Act.
    (e) Availability.--Any funds transferred under subsection (d) shall 
remain available until September 30, 2008.
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