[Congressional Record Volume 145, Number 82 (Thursday, June 10, 1999)]
[Senate]
[Pages S6866-S6868]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CHAFEE:
  S. 1210. A bill to assist in the conservation of endangered and 
threatened species of fauna and flora found throughout the world; to 
the Committee on Foreign Relations.


          foreign endangered species conservation act of 1999

  Mr. CHAFEE. Mr. President, I am pleased to introduce a bill today 
that will offer a new tool for the conservation of imperiled species 
throughout the world. This legislation would establish a fund to 
provide financial assistance for conservation projects for these 
species, which often receive little, if any, help.
  The primary Federal law protecting imperiled species is the 
Endangered Species Act (ESA). Of the 1700 species that are endangered 
or threatened under the ESA, more than 560--approximately one-third--
are foreign species residing outside the United States. However, the 
general protections of the ESA do not apply overseas, nor does the 
Administration prepare recovery plans for foreign species.
  The primary multilateral treaty protecting endangered and threatened 
species is the Convention on International Trade in Endangered Species 
of Wild Fauna and Flora (CITES). CITES identifies more than 30,000 
species to be protected through restrictions on trade in their parts 
and products. It does not address other threats facing these species.
  Consequently, the vast majority of endangered or threatened species 
throughout the world receive little, if any, funding by the United 
States. Presently, three grants programs exist for specific species--
African elephants, Asian elephants, rhinos, and tigers. In FY 1999, 
they received an aggregate of $1.9 million. Other small conservation 
programs exist in India, Mexico, China, and Russia under agreements 
with those countries. However, no program addresses the general need to 
conserve imperiled species in foreign countries.
  This need could not be greater. Recently, much deserved attention has 
been given to the decline of primate populations in both Africa and 
Asia as a result of habitat loss and poaching to supply a trade of 
bushmeat. These species vitally need funding to arrest their serious 
declines.
  Numerous other species in the same rainforests across Africa and 
Asia, as well as the rainforests of the Americas, also face threats 
relating to habitat loss. Habitats as varied as the alpine reaches of 
the Himalayas, the bamboo forests of China, and tropical coral reef 
systems are all home to species facing the threat of extinction, such 
as the snow leopard, the panda and sea turtles. While the charismatic 
mega-fauna receive the most public attention, the vast multitude of 
species continue to

[[Page S6867]]

slip steadily towards extinction without even any public awareness.
  A new grants program would be a powerful tool to begin to address the 
critical needs of these species, and would fill a significant gap in 
existing efforts. Such a program would be similar to the programs for 
elephants, rhinos and tigers, but would apply to any imperiled species. 
The existing programs have proven tremendously successful, particularly 
in creating local, long-term capacity within the foreign country to 
protect these species. The bill that I introduce today would build on 
these successful programs.
  Specifically, the bill establishes a fund to support projects to 
conserve endangered and threatened species in foreign countries. The 
projects must be approved by the Secretary in cooperation with the 
Agency for International Development. Priority is to be given to 
projects that enhance conservation of the most imperiled species, that 
provide the greatest conservation benefit, that receive the greatest 
level of non-Federal funding, and that enhance local capacity for 
conservation efforts. The bill authorizes appropriations of $16 million 
annually for 4 years, 2001 to 2005, with $12 million authorized for the 
Fish and Wildlife Service, and $4 million for the National Marine 
Fisheries Service.
  I urge my colleagues to cosponsor this worthwhile initiative. Mr. 
President, I ask unanimous consent the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1210

       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 ``Foreign Endangered Species 
     Conservation Act of 1999''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) numerous species of fauna and flora in foreign 
     countries have continued to decline to the point that the 
     long-term survival of those species in the wild is in serious 
     jeopardy;
       (2) many of those species are listed as endangered species 
     or threatened species under section 4 of the Endangered 
     Species Act of 1973 (16 U.S.C. 1533) or in Appendix I, II, or 
     III of the Convention on International Trade in Endangered 
     Species of Wild Fauna and Flora;
       (3) there are insufficient resources available for 
     addressing the threats facing those species, which will 
     require the joint commitment and effort of foreign countries 
     within the range of those species, the United States and 
     other countries, and the private sector;
       (4) the grant programs established by Congress for tigers, 
     rhinoceroses, Asian elephants, and African elephants have 
     proven to be extremely successful programs that provide 
     Federal funds for conservation projects in an efficient and 
     expeditious manner and that encourage additional support for 
     conservation in the foreign countries where those species 
     exist in the wild; and
       (5) a new grant program modeled on the existing programs 
     for tigers, rhinoceroses, and elephants would provide an 
     effective means to assist in the conservation of foreign 
     endangered species for which there are no existing grant 
     programs.
       (b) Purpose.--The purpose of this Act is to conserve 
     endangered and threatened species of fauna and flora in 
     foreign countries, and the ecosystems on which the species 
     depend, by supporting the conservation programs for those 
     species of foreign countries and the CITES Secretariat, 
     promoting partnerships between the public and private 
     sectors, and providing financial resources for those programs 
     and partnerships.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Account.--The term ``Account'' means the Foreign 
     Endangered and Threatened Species Conservation Account 
     established by section 6.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Agency for International Development.
       (3) 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 and amendments.
       (4) Conservation.--The term ``conservation'' means the use 
     of methods and procedures necessary to bring a species to the 
     point at which there are sufficient populations in the wild 
     to ensure the long-term viability of the species, including--
       (A) protection and management of populations of foreign 
     endangered or threatened species;
       (B) maintenance, management, protection, restoration, and 
     acquisition of habitat;
       (C) research and monitoring;
       (D) law enforcement;
       (E) conflict resolution initiatives; and
       (F) community outreach and education.
       (5) Foreign endangered or threatened species.--The term 
     ``foreign endangered or threatened species'' means a species 
     of fauna or flora--
       (A) that is listed as an endangered or threatened species 
     under section 4 of the Endangered Species Act of 1973 (16 
     U.S.C. 1533) or that is listed in Appendix I, II, or III of 
     CITES; and
       (B) whose range is partially or wholly located in a foreign 
     country.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior or the Secretary of Commerce, as program 
     responsibilities are vested under Reorganization Plan No. 4 
     of 1970 (5 U.S.C. App.).

     SEC. 4. FOREIGN SPECIES CONSERVATION ASSISTANCE.

       (a) In General.--Subject to the availability of funds, the 
     Secretary shall use amounts in the Account to provide 
     financial assistance for projects for the conservation of 
     foreign endangered or threatened species in foreign countries 
     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 foreign endangered or threatened species may 
     be submitted to the Secretary by--
       (A) any agency of a foreign country that has within its 
     boundaries any part of the range of the foreign endangered or 
     threatened species if the agency has authority over fauna or 
     flora and the activities of the agency directly or indirectly 
     affect the species;
       (B) the CITES Secretariat; or
       (C) any person with demonstrated expertise in the 
     conservation of the foreign endangered or threatened species.
       (2) Required information.--A project proposal shall 
     include--
       (A) the name of the individual responsible for conducting 
     the project, and a description of the qualifications of each 
     individual who will conduct the project;
       (B) the name of the foreign endangered or threatened 
     species to benefit from the project;
       (C) a succinct statement of the purposes of the project and 
     the methodology for implementing the project, including an 
     assessment of the status of the species and how the project 
     will benefit the species;
       (D) an estimate of the funds and time required to complete 
     the project;
       (E) evidence of support for the project by appropriate 
     governmental agencies of the foreign countries in which the 
     project will be conducted, if the Secretary determines that 
     such support is required for the success of the project;
       (F) information regarding the source and amount of non-
     Federal funds available for the project; and
       (G) any other information that the Secretary considers to 
     be necessary for evaluating the eligibility of the project 
     for funding under this Act.
       (c) Proposal Review and Approval.--
       (1) Request for additional information.--If, after 
     receiving a project proposal, the Secretary determines that 
     the project proposal is not complete, the Secretary may 
     request further information from the person or entity that 
     submitted the proposal before complying with the other 
     provisions of this subsection.
       (2) Request for comments.--The Secretary shall request 
     written comments, and provide an opportunity of not less than 
     30 days for comments, on the proposal from the appropriate 
     governmental agencies of each foreign country in which the 
     project is to be conducted.
       (3) Submission to administrator.--The Secretary shall 
     provide to the Administrator a copy of the proposal and a 
     copy of any comments received under paragraph (2). The 
     Administrator may provide comments to the Secretary within 30 
     days after receipt of the copy of the proposal and any 
     comments.
       (4) Decision by the secretary.--After taking into 
     consideration any comments received in a timely manner from 
     the governmental agencies under paragraph (2) and the 
     Administrator under paragraph (3), the Secretary may approve 
     the proposal if the Secretary determines that the project 
     promotes the conservation of foreign endangered or threatened 
     species in foreign countries.
       (5) Notification.--Not later than 180 days after receiving 
     a completed project proposal, the Secretary shall provide 
     written notification of the Secretary's approval or 
     disapproval under paragraph (4) to the person or entity that 
     submitted the proposal and the Administrator.
       (d) Priority Guidance.--In funding approved project 
     proposals, the Secretary shall give priority to the following 
     types of projects:
       (1) Projects that will enhance programs for the 
     conservation of foreign endangered and threatened species 
     that are most imperiled.
       (2) Projects that will provide the greatest conservation 
     benefit for a foreign endangered or threatened species.
       (3) Projects that receive the greatest level of assistance, 
     in cash or in-kind, from non-Federal sources.
       (4) Projects that will enhance local capacity for the 
     conservation of foreign endangered and threatened species.
       (e) Project Reporting.--Each person or entity that receives 
     assistance under this

[[Page S6868]]

     section for a project shall submit to the Secretary and the 
     Administrator periodic reports (at such intervals as the 
     Secretary considers necessary) that include all information 
     required by the Secretary, after consultation with the 
     Administrator, for evaluating the progress and success of the 
     project.
       (f) Guidelines.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, after providing public notice and 
     opportunity for comment, the Secretary of the Interior and 
     the Secretary of Commerce shall each develop guidelines to 
     carry out this section.
       (2) Priorities and criteria.--The guidelines shall 
     specify--
       (A) how the priorities for funding approved projects are to 
     be determined; and
       (B) criteria for determining which species are most 
     imperiled and which projects provide the greatest 
     conservation benefit.

     SEC. 5. MULTILATERAL COLLABORATION.

       The Secretary, in collaboration with the Secretary of State 
     and the Administrator, shall--
       (1) coordinate efforts to conserve foreign endangered and 
     threatened species with the relevant agencies of foreign 
     countries; and
       (2) subject to the availability of appropriations, provide 
     technical assistance to those agencies to further the 
     agencies' conservation efforts.

     SEC. 6. FOREIGN ENDANGERED AND THREATENED SPECIES 
                   CONSERVATION ACCOUNT.

       (a) Establishment.--There is established in the 
     Multinational Species Conservation Fund of the Treasury a 
     separate account to be known as the ``Foreign Endangered and 
     Threatened Species Conservation Account'', consisting of--
       (1) amounts donated to the Account;
       (2) amounts appropriated to the Account under section 7; 
     and
       (3) any interest earned on investment of amounts in the 
     Account under subsection (c).
       (b) Expenditures From Account.--
       (1) In general.--Subject to paragraph (2), the Secretary 
     may expend from the Account, without further Act of 
     appropriation, such amounts as are necessary to carry out 
     section 4.
       (2) Administrative expenses.--An amount not to exceed 6 
     percent of the amounts in the Account--
       (A) shall be available for each fiscal year to pay the 
     administrative expenses necessary to carry out this Act; and
       (B) shall be divided between the Secretary of the Interior 
     and the Secretary of Commerce in the same proportion as the 
     amounts made available under section 7 are divided between 
     the Secretaries.
       (c) Investment of Amounts.--The Secretary shall invest such 
     portion of the Account as is not required to meet current 
     withdrawals. Investments may be made only in interest-bearing 
     obligations of the United States.
       (d) Acceptance and Use of Donations.--The Secretary may 
     accept and use donations to carry out this Act. Amounts 
     received by the Secretary in the form of donations shall be 
     available until expended, without further Act of 
     appropriation.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Account for 
     each of fiscal years 2001 through 2005--
       (1) $12,000,000 for use by the Secretary of the Interior; 
     and
       (2) $4,000,000 for use by the Secretary of Commerce.
                                 ______