[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 529 Reported in Senate (RS)]

                                                       Calendar No. 117
111th CONGRESS
  1st Session
                                 S. 529

                          [Report No. 111-52]

    To assist in the conservation of rare felids and rare canids by 
   supporting and providing financial resources for the conservation 
  programs of countries 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 5, 2009

Mr. Lieberman (for himself, Mr. Brownback, Mr. Udall of New Mexico, Mr. 
    Whitehouse, Mr. Cardin, Mr. Sanders, Mr. Kerry, Ms. Snowe, Mrs. 
 Gillibrand, and Mr. Merkley) introduced the following bill; which was 
  read twice and referred to the Committee on Environment and Public 
                                 Works

                             July 20, 2009

               Reported by Mrs. Boxer, without amendment

_______________________________________________________________________

                                 A BILL


 
    To assist in the conservation of rare felids and rare canids by 
   supporting and providing financial resources for the conservation 
  programs of countries 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 appendices to that convention.
            (2) Conservation.--
                    (A) In general.--The term ``conservation'' 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.
                    (B) Inclusions.--The term ``conservation'' 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 4(a).
            (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.--
                    (A) In general.--The term ``rare canid'' 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).
                    (B) Exclusions.--The term ``rare canid'' 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.--
                    (A) In general.--The term ``rare felid'' 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).
                    (B) Exclusions.--The term ``rare felid'' does not 
                include--
                            (i) any species, subspecies, or population 
                        that is native to the United States; or
                            (ii) any tiger (Panthera tigris).
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. GREAT CATS AND RARE CANIDS CONSERVATION FUND.

    (a) Establishment.--There is established in the multinational 
species conservation fund established under the heading ``multinational 
species conservation fund'' of title I of the Department of the 
Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 
4246), 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 in the account under subsection (c); and
            (2) amounts appropriated to the account under section 7.
    (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 to be necessary to 
        provide assistance under section 5.
            (2) Administrative expenses.--Of the amounts in the Fund 
        available for each fiscal year, the Secretary may use to pay 
        the administrative expenses of carrying out this Act not more 
        than the greater of--
                    (A) 3 percent; and
                    (B) $100,000.
    (c) Acceptance and Use of Donations.--
            (1) In general.--The Secretary may--
                    (A) accept and use donations to provide assistance 
                under section 5; and
                    (B) publish on the Internet website and in 
                publications of the Department of the Interior a notice 
                that the Secretary is authorized to accept and use such 
                donations.
            (2) Use.--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. 5. 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 conservation in the wild of rare 
                felids or rare canids, respectively.
            (2) Project proposals.--To be eligible for financial 
        assistance for a project under this Act, an applicant shall 
        submit to the Secretary 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 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 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--
                            (i) the individual or entity that submitted 
                        the proposal;
                            (ii) other appropriate Federal officials; 
                        and
                            (iii) each country within the borders of 
                        which 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--
            (1) to implement conservation programs;
            (2) to address the conflicts between humans and rare felids 
        or rare canids, respectively, that arise from competition for 
        the same habitat or resources;
            (3) to enhance compliance with CITES, the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.), and other 
        applicable laws that--
                    (A) prohibit or regulate the taking or trade of 
                rare felids and rare canids; or
                    (B) regulate the use and management of rare felid 
                and rare canid habitat;
            (4) to 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) to promote cooperative projects among government 
        entities, affected local communities, nongovernmental 
        organizations, and other persons in the private sector; or
            (6) to ensure that funds will not be appropriated for the 
        purchase or lease of land 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 any portion of the costs of which will be provided with 
matching funds.
    (g) Project Reporting.--
            (1) In general.--Each individual or entity 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 to be 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 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.--
            (1) Use for captive breeding or display.--Amounts provided 
        as a grant under this Act--
                    (A) 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
                    (B) 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.
            (2) Ineligible countries.--Amounts provided as a grant 
        under this Act may not be expended on any project in a country 
        the government of which has repeatedly provided support for 
        acts of international terrorism, as determined by the Secretary 
        of State pursuant to--
                    (A) section 6(j)(1)(A) of the Export Administration 
                Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)) (or any 
                successor to that Act);
                    (B) section 40(d) of the Arms Export Control Act 
                (22 U.S.C. 2780(d)); or
                    (C) section 620A(a) of the Foreign Assistance Act 
                of 1961 (22 U.S.C. 2371(a)).
    (i) Advisory Group.--
            (1) In general.--To assist in carrying out this Act, the 
        Secretary may establish 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 individuals 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.--The minutes of each meeting of the 
                advisory group shall be--
                            (i) kept by the Secretary; and
                            (ii) made available to the public.
            (3) Nonapplicability of federal advisory committee act.--
        The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
        apply to the advisory group.

SEC. 6. STUDY OF CONSERVATION STATUS OF FELID AND CANID SPECIES.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary shall initiate a study of felid and canid 
species listed under the IUCN Red List that are not rare canids or rare 
felids, respectively, to determine--
            (1) the conservation status of each such species in the 
        wild, including identification of any such species that are 
        critically endangered or endangered; and
            (2) whether any such species that should be made eligible 
        for assistance under this Act.
    (b) Report.--Not later than 2 years after date of enactment of this 
Act, the Secretary shall submit to Congress a report describing 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.
                                                       Calendar No. 117

111th CONGRESS

  1st Session

                                 S. 529

                          [Report No. 111-52]

_______________________________________________________________________

                                 A BILL

    To assist in the conservation of rare felids and rare canids by 
   supporting and providing financial resources for the conservation 
  programs of countries 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.

_______________________________________________________________________

                             July 20, 2009

                       Reported without amendment