[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 388 Reported in Senate (RS)]

                                                       Calendar No. 119
111th CONGRESS
  1st Session
                                H. R. 388

                          [Report No. 111-54]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 22, 2009

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

                             July 20, 2009

               Reported by Mrs. Boxer, without amendment

_______________________________________________________________________

                                 AN ACT


 
 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 
                     and the ecosystems of 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 2009''.

SEC. 2. 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. 3. DEFINITIONS.

    In this Act:
            (1) Conservation.--
                    (A) In general.--The term ``conservation'' means 
                the use of any method or procedure to improve the 
                viability of crane populations and the quality of the 
                ecosystems and habitats on which the crane populations 
                depend to help the species achieve sufficient 
                populations in the wild to ensure the long-term 
                viability of the species.
                    (B) Inclusions.--The term ``conservation'' includes 
                the carrying out of any activity associated with 
                scientific resource management, such as--
                            (i) protection, restoration, 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 5(a).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. 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) provide relevant training to, or support technical 
        exchanges involving, staff responsible for managing cranes or 
        habitats of cranes, to enhance capacity for effective 
        conservation; or
            (8) reintroduce cranes successfully back into the wild, 
        including propagation of a sufficient number of cranes required 
        for this purpose.
    (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.

SEC. 5. 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 (c); and
            (2) amounts appropriated to the Fund under section 7.
    (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 4.
            (2) Administrative expenses.--Of the amounts in the Fund 
        available for each fiscal year, the Secretary may expend not 
        more than 3 percent, or $150,000, whichever is greater, to pay 
        the administrative expenses necessary to carry out this Act.
            (3) Limitation.--Not more than 20 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) Acceptance and Use of Donations.--
            (1) In general.--The Secretary may accept and use donations 
        to provide assistance under section 4.
            (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. 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 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.
    (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. FUNDING.

    There is authorized to be appropriated to the Fund $5,000,000 for 
each of fiscal years 2010 through 2014, to remain available until 
expended.
                                                       Calendar No. 119

111th CONGRESS

  1st Session

                               H. R. 388

                          [Report No. 111-54]

_______________________________________________________________________

                                 AN ACT

 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 
                     and the ecosystems of cranes.

_______________________________________________________________________

                             July 20, 2009

                       Reported without amendment