1.This Act may be cited as
the Great Cats and Rare Canids Act of
2009
.
2.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.
3.In this Act:
(1)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)
(A)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)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)The
term Fund means the Great Cats and Rare Canids Conservation Fund
established by section 4(a).
(4)The term IUCN Red List means the Red List of
Threatened Species Maintained by the World Conservation Union.
(5)
(A)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)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)
(A)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)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)The
term Secretary means the Secretary of the Interior.
4.Great Cats and
Rare Canids Conservation Fund
(a)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)
(1)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)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)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)Amounts
received by the Secretary in the form of donations shall be transferred to the
Secretary of the Treasury for deposit in the Fund.
5.
(a)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)
(1)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)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)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 disapprovalNot 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)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)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)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)
(1)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)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)
(1)Use for captive
breeding or displayAmounts 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)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)
(1)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)
(A)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)The
Secretary shall provide to the public timely notice of each meeting of the
advisory group, including the meeting agenda.
(C)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 ActThe Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the advisory group.
6.Study of
conservation status of felid and canid species
(a)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)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.
7.Authorization of
appropriationsThere 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.
July 20, 2009
Reported without amendment