[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 411 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                H. R. 411


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 22, 2009

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

_______________________________________________________________________

                                 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 
2009''.

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 OF APPROPRIATIONS.

    There are authorized to be appropriated--
            (1) to the Fund, $5,000,000 for each of fiscal years 2010 
        through 2014 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 used for any 
project conducted in Iran, Syria, Cuba, Sudan, or North Korea.

            Passed the House of Representatives April 21, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.