[Congressional Record Volume 149, Number 156 (Friday, October 31, 2003)]
[Senate]
[Pages S13741-S13742]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 MARINE TURTLE CONSERVATION ACT OF 2003

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to immediate consideration of Calendar No. 313, S. 1210.
  The PRESIDING OFFICER. The clerk will read the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1210) to assist in the conservation of marine 
     turtles and the nesting habitats of marine turtles in foreign 
     countries.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. McCONNELL. Mr. President, I ask unanimous consent the bill be 
read a third time and passed, the motion to reconsider be laid upon the 
table, and that any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1210) was read the third time and passed, 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 ``Marine Turtle Conservation 
     Act of 2003''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) marine turtle populations have declined to the point 
     that the long-term survival of the loggerhead, green, 
     hawksbill, Kemp's ridley, olive ridley, and leatherback 
     turtle in the wild is in serious jeopardy;
       (2) 6 of the 7 recognized species of marine turtles are 
     listed as threatened or endangered species under the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and 
     all 7 species have been included in Appendix I of CITES;
       (3) because marine turtles are long-lived, late-maturing, 
     and highly migratory, marine turtles are particularly 
     vulnerable to the impacts of human exploitation and habitat 
     loss;
       (4) illegal international trade seriously threatens wild 
     populations of some marine turtle species, particularly the 
     hawksbill turtle;
       (5) the challenges facing marine turtles are immense, and 
     the resources available have not been sufficient to cope with 
     the continued loss of nesting habitats caused by human 
     activities and the consequent diminution of marine turtle 
     populations;
       (6) because marine turtles are flagship species for the 
     ecosystems in which marine turtles are found, sustaining 
     healthy populations of marine turtles provides benefits to 
     many other species of wildlife, including many other 
     threatened or endangered species;
       (7) marine turtles are important components of the 
     ecosystems that they inhabit, and studies of wild populations 
     of marine turtles have provided important biological 
     insights;
       (8) changes in marine turtle populations are most reliably 
     indicated by changes in the numbers of nests and nesting 
     females; and
       (9) the reduction, removal, or other effective addressing 
     of the threats to the long-term viability of populations of 
     marine turtles will require the joint commitment and effort 
     of--
       (A) countries that have within their boundaries marine 
     turtle nesting habitats; and
       (B) persons with expertise in the conservation of marine 
     turtles.
       (b) Purpose.--The purpose of this Act is to assist in the 
     conservation of marine turtles and the nesting habitats of 
     marine turtles in foreign countries by supporting and 
     providing financial resources for projects to conserve the 
     nesting habitats, conserve marine turtles in those habitats, 
     and address other threats to the survival of marine turtles.

     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 (27 UST 1087; TIAS 8249).
       (2) Conservation.--The term ``conservation'' means the use 
     of all methods and procedures necessary to protect nesting 
     habitats of marine turtles in foreign countries and of marine 
     turtles in those habitats, including--
       (A) protection, restoration, and management of nesting 
     habitats;
       (B) onsite research and monitoring of nesting populations, 
     nesting habitats, annual reproduction, and species population 
     trends;
       (C) assistance in the development, implementation, and 
     improvement of national and regional management plans for 
     nesting habitat ranges;
       (D) enforcement and implementation of CITES and laws of 
     foreign countries to--
       (i) protect and manage nesting populations and nesting 
     habitats; and
       (ii) prevent illegal trade of marine turtles;
       (E) training of local law enforcement officials in the 
     interdiction and prevention of--
       (i) the illegal killing of marine turtles on nesting 
     habitat; and
       (ii) illegal trade in marine turtles;
       (F) initiatives to resolve conflicts between humans and 
     marine turtles over habitat used by marine turtles for 
     nesting;
       (G) community outreach and education; and
       (H) strengthening of the ability of local communities to 
     implement nesting population and nesting habitat conservation 
     programs.
       (3) Fund.--The term ``Fund'' means the Marine Turtle 
     Conservation Fund established by section 5.
       (4) Marine turtle.--
       (A) In general.--The term ``marine turtle'' means any 
     member of the family Cheloniidae or Dermochelyidae.
       (B) Inclusions.--The term ``marine turtle'' includes--
       (i) any part, product, egg, or offspring of a turtle 
     described in subparagraph (A); and
       (ii) a carcass of such a turtle.
       (5) Multinational species conservation fund.--The term 
     ``Multinational Species Conservation Fund'' means the fund 
     established under the heading ``multinational species 
     conservation fund'' in title I of the Department of the 
     Interior and Related Agencies Appropriations Act, 1999 (16 
     U.S.C. 4246).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 4. MARINE TURTLE CONSERVATION ASSISTANCE.

       (a) In General.--Subject to the availability of funds and 
     in consultation with other Federal officials, the Secretary 
     shall use amounts in the Fund to provide financial assistance 
     for projects for the conservation of marine turtles 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 marine turtles may be submitted to the 
     Secretary by--
       (A) any wildlife management authority of a foreign country 
     that has within its boundaries marine turtle nesting habitat 
     if the activities of the authority directly or indirectly 
     affect marine turtle conservation; or
       (B) any other person or group with the demonstrated 
     expertise required for the conservation of marine turtles.
       (2) Required elements.--A project proposal shall include--
       (A) a statement of the purposes of the project;
       (B) the name of the individual with overall responsibility 
     for the project;
       (C) a description of the qualifications of the individuals 
     that will conduct the project;
       (D) a description of--
       (i) methods for project implementation and outcome 
     assessment;
       (ii) staff and community management for the project; and
       (iii) the logistics of the project;
       (E) an estimate of the 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 other Federal 
     officials, as appropriate; 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 Federal officials, as appropriate, shall--
       (A) consult on the proposal with the government of each 
     country in which the project is to be conducted;
       (B) after taking into consideration any comments resulting 
     from the consultation, approve or disapprove the project 
     proposal; and
       (C) provide written notification of the approval or 
     disapproval to the person that submitted the project 
     proposal, other Federal officials, and each country described 
     in subparagraph (A).
       (d) Criteria for Approval.--The Secretary may approve a 
     project proposal under this section if the project will help 
     recover

[[Page S13742]]

     and sustain viable populations of marine turtles in the wild 
     by assisting efforts in foreign countries to implement marine 
     turtle conservation programs.
       (e) Project Sustainability.--To the maximum extent 
     practicable, in determining whether to approve project 
     proposals under this section, the Secretary shall give 
     preference to conservation projects that are designed to 
     ensure effective, long-term conservation of marine turtles 
     and their nesting habitats.
       (f) Matching Funds.--In determining whether to approve 
     project proposals under this section, the Secretary shall 
     give preference to projects for which matching funds are 
     available.
       (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 may 
     require) that include all information that the Secretary, 
     after consultation with other 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.

     SEC. 5. MARINE TURTLE CONSERVATION FUND.

       (a) Establishment.--There is established in the 
     Multinational Species Conservation Fund a separate account to 
     be known as the ``Marine Turtle Conservation Fund'', 
     consisting of--
       (1) amounts transferred to the Secretary of the Treasury 
     for deposit into the Fund under subsection (e);
       (2) amounts appropriated to the Fund under section 6; and
       (3) any interest earned on investment of amounts in the 
     Fund under subsection (c).
       (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 are 
     necessary to carry out section 4.
       (2) Administrative expenses.--Of the amounts in the account 
     available for each fiscal year, the Secretary may expend not 
     more than 3 percent, or up to $80,000, whichever is greater, 
     to pay the administrative expenses necessary to carry out 
     this Act.
       (c) Investment of Amounts.--
       (1) In general.--The Secretary of the Treasury shall invest 
     such portion of the Fund as is not, in the judgment of the 
     Secretary of the Treasury, required to meet current 
     withdrawals. Investments may be made only in interest-bearing 
     obligations of the United States.
       (2) Acquisition of obligations.--For the purpose of 
     investments under paragraph (1), obligations may be 
     acquired--
       (A) on original issue at the issue price; or
       (B) by purchase of outstanding obligations at the market 
     price.
       (3) Sale of obligations.--Any obligation acquired by the 
     Fund may be sold by the Secretary of the Treasury at the 
     market price.
       (4) Credits to fund.--The interest on, and the proceeds 
     from the sale or redemption of, any obligations held in the 
     Fund shall be credited to and form a part of the Fund.
       (d) Transfers of Amounts.--
       (1) In general.--The amounts required to be transferred to 
     the Fund under this section shall be transferred at least 
     monthly from the general fund of the Treasury to the Fund on 
     the basis of estimates made by the Secretary of the Treasury.
       (2) Adjustments.--Proper adjustment shall be made in 
     amounts subsequently transferred to the extent prior 
     estimates were in excess of or less than the amounts required 
     to be transferred.
       (e) Acceptance and Use of Donations.--The Secretary may 
     accept and use donations to provide assistance under section 
     4. 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 marine turtles.
       (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. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to the Fund 
     $5,000,000 for each of fiscal years 2005 through 2009.

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