[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1464 Engrossed in House (EH)]
110th CONGRESS
2d Session
H. R. 1464
_______________________________________________________________________
AN ACT
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
2008''.
SEC. 2. 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. 3. 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;
and
(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 5.
(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) except as provided in subparagraph (B), means
any of the canid species dhole (Cuon alpinus), gray
wolf (Canis lupus), Ethiopian wolf (Canis simensis),
bush dog (Speothos venaticus), African wild dog (Lycaon
pictus), maned wolf (Chrysocyon brachyurus), and
Darwin's fox, (Pseudalopex fulvipes), including any
subspecies or population of such a species; and
(B) does not include any subspecies or population
that is native to the area comprised of the United
States and Canada or the European Union.
(6) Rare felid.--The term ``rare felid''--
(A) except as provided in subparagraph (B), means
any of the felid species lion (Panthera leo), leopard
(Panthera pardus), jaguar (Panthera onca), snow leopard
(Uncia uncia), clouded leopard (Neofelis nebulosa),
cheetah (Acinonyx jubatus), Iberian lynx (Lynx
pardina), and Borneo bay cat (Catopuma badia),
including any subspecies or population of such a
species; and
(B) does not include--
(i) any species, subspecies, or population
that is native to the United States; and
(ii) any tiger (Panthera tigris).
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. 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) 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. 5. 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 (c); and
(2) amounts appropriated to such account under section 7.
(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 $100,000, whichever is
greater, to pay the administrative expenses necessary to carry
out this Act.
(c) Acceptance and Use of Donations.--The Secretary may accept and
use donations to provide assistance under section 4, and may make
public on the Internet website and in publications of the Department of
the Interior that the Secretary is authorized to accept and use such
donations. Amounts received by the Secretary in the form of such
donations shall be transferred to the Secretary of the Treasury for
deposit into the Fund.
SEC. 6. STUDY OF CONSERVATION STATUS OF FELID AND CANID SPECIES.
(a) In General.--The Secretary shall initiate within three months
after the date of the enactment of this Act a study of felid and canid
species listed under the IUCN Red List that are not rare canids and
rare felids (as those terms are defined in section 3), respectively, to
determine--
(1) the conservation status of such species in the wild,
including identification of any such species that are
critically endangered or endangered; and
(2) any such species that should be made eligible for
assistance under this Act.
(b) Report.--Not later than two years after date of the enactment
of this Act the Secretary shall report to the Congress the
determinations made in the study, including recommendations of
additional felid species and canid species that should be made eligible
for assistance under this Act.
SEC. 7. AUTHORIZATION OR APPROPRIATIONS.
There are authorized to be appropriated--
(1) to the Fund, $5,000,000 for each of fiscal years 2009
through 2013 to carry out this Act, other than section 6; and
(2) such sums as are necessary to carry out section 6.
SEC. 8. INELIGIBLE COUNTRIES.
Amounts provided as a grant under this Act may not be spent on
projects in Iran, Syria, Cuba, Sudan, and North Korea.
Passed the House of Representatives May 20, 2008.
Attest:
Clerk.
110th CONGRESS
2d Session
H. R. 1464
_______________________________________________________________________
AN ACT
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.