[Congressional Record Volume 155, Number 4 (Friday, January 9, 2009)]
[Senate]
[Pages S258-S261]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FEINGOLD (for himself, Mr. Crapo, Mrs. Boxer, Mr. Cardin, 
        Mr. Brownback, Mr. Kerry, Mr. Kohl, and Ms. Landrieu):
  S. 197. A bill to assist in the conservation of cranes by supporting 
and providing, through projects of persons and organizations with 
expertise in crane conservation, financial resources for the 
conservation programs of countries the activities of which directly or 
indirectly affect cranes and the ecosystem of cranes; to the Committee 
on Environment and Public Works.
  Mr. FEINGOLD. Mr. President, I am introducing the Crane Conservation 
Act of 2009. I am very pleased that Senator Crapo has once again agreed 
to lead on this legislation with me. I am always glad to work with my 
colleagues from across the aisle. We are pleased to be joined by 
Senators Boxer, Brownback, Cardin, Kerry, Kohl, Landrieu, and Martinez, 
who are cosponsors of this legislation.
  The Crane Conservation Act will ensure we do our part to protect the 
existence of these birds, whose cultural significance and popular 
appeal can be seen worldwide. This legislation is particularly 
important to the people of Wisconsin, as our state provides habitat and 
refuge to several crane species. But this legislation, which authorizes 
the United States Fish and Wildlife Service to distribute funds and 
grants to crane conservation efforts both domestically and in 
developing countries, promises to have a larger environmental and 
cultural impact that will go far beyond the boundaries of my home 
State.
  Congress' efforts to help protect and recover species throughout the 
world began in earnest in 1994 when Congress passed and the President 
signed the Rhinoceros and Tiger Conservation Act. The passage of this 
act provided support for multinational rhino and tiger conservation by 
authorizing the United States Fish and Wildlife Service to distribute 
up to $10 million in grants every year to support projects in 
developing countries. Since 1994, Congress has established the 
``multinational species conservation fund'' to cover other

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species, such as elephants and great apes.
  Today, with the legislation I am introducing, I am asking Congress to 
add cranes to this list. Cranes are the most endangered family of birds 
in the world, with 11 of the world's 15 species at risk of extinction. 
Specifically, this legislation would authorize up to $5 million of 
funds per year for fiscal years 2008 through 2012 to be distributed as 
conservation project grants to protect cranes and their habitat in 
Asia, Africa, and North America. In keeping with my belief that we 
should balance the budget, this bill proposes that the $25 million in 
authorized spending over 5 years for the Crane Conservation Act should 
be offset through the Secretary of Interior's administrative budget. 
This bill is similar to legislation I have introduced since the 107th 
Congress and I was very pleased that last Congress the bill passed the 
House of Representatives and the Senate Environment and Public Works 
Committee and was positioned to pass the Senate before stalling late in 
the last Congress.
  I am offering this legislation due to the serious and significant 
decline that can be expected in crane populations worldwide without 
further conservation efforts. Those efforts have achieved some success 
in the case of the North American whooping crane, the rarest crane on 
earth. By 1890, the whooping crane disappeared from its main migratory 
route from Idaho through Wyoming and Colorado to New Mexico. In 1944, 
only 21 birds remained along the migratory route between Montana and 
Texas' Aransas National Wildlife Refuge, via the Dakotas, Nebraska, 
Kansas, and Oklahoma. Unfortunately, the breeding grounds for this 
remaining flock were unknown, but since they were discovered in Canada 
in 1955, cooperative efforts between the United States and Canada have 
been under way to recover the species. Today, this flock remains the 
only wild flock of North American whooping cranes that breeds in 
northwest Canada, and spends its winters in coastal Texas.
  In 1980, a new course was chartered for recovering the species, and 
captive breeding efforts began at Patuxent Wildlife Research Center in 
Maryland in hopes of rearing chicks for release in the wild--today, 
captive breeding centers are also located at New Orleans' Audubon 
Species Survival Center and Canada's Calgary Zoo.
  These breeding efforts blossomed into efforts to reintroduce a 
migratory flock of whooping cranes into their historic range in the 
Eastern United States. In 2001 this became a reality when the first 
class of whooping cranes followed their ``mother'' (actually an ultra 
light aircraft) over 1,300 miles to their wintering grounds.
  The movement of this flock of birds shows how any effort by Congress 
to regulate crane conservation needs to cross both national and 
international lines. As this flock of birds makes its journey from 
Wisconsin's Necedah National Wildlife Refuge to Florida's 
Chassahowitzka National Wildlife Refuge and back, the birds rely on the 
ecosystems of a multitude of states in this country. Along the journey 
which traverses through Illinois, Indiana, Kentucky, Tennessee, and 
Georgia the birds face threats from pollution of traditional watering 
grounds, collision with utility lines, human disturbance, disease, 
predation, loss of genetic diversity within the population, and 
vulnerability to catastrophes, both natural and man-made.
  However, the birds can also rely on private landowners, the vast 
majority of whom have enthusiastically welcomed the birds to their rest 
on their land. Through its extensive outreach and education program, 
the Whooping Crane Eastern Partnership has obtained the consistent 
support of farmers and other private landowners to make this important 
recovery program a success. On every front, this partnership is unique. 
This ongoing recovery effort would not be possible without the 
cooperative efforts of federal and state governments, landowners, 
volunteers, and non-governmental organizations. Seven years later, 
these partnerships support an ever-growing eastern crane population, 
now numbering over sixty.
  While over the course of the last half-century, North American 
whooping cranes have begun to make a slow recovery, many species of 
crane in Africa and Asia have declined, including the sarus crane of 
Asia and the wattled crane of Africa.
  The sarus crane stands four feet tall and can be found in the 
wetlands of northern India and south Asia. These birds require large, 
open, well watered plains or marshes to breed and survive. Due to 
agricultural expansion, industrial development, river basin 
development, pollution, warfare, and heavy use of pesticides prevalent 
in India and southeast Asia, the sarus crane population has been in 
decline. Furthermore, in many areas, a high human population 
concentration compounds these factors. On the Mekong River, which runs 
through Cambodia, Vietnam, Laos, Thailand, and China, human population 
growth and planned development projects threaten the sarus crane. 
Reports from India, Cambodia, and Thailand have also cited incidences 
of the trading of adult birds and chicks, as well as hunting and egg 
stealing in the drop in population of the sarus crane.
  Only three subspecies of the sarus crane exist today. One resides in 
northern India and Nepal, one resides in southeast Asia, and one 
resides in northern Australia. Their population is about 8,000 in the 
main Indian population, with recent numbers showing a rapid decline. In 
Southeast Asia, only 1,000 birds remain.
  The situation of the sarus crane in Asia is mirrored by the situation 
of the wattled crane in Africa. In Africa, the wattled crane is found 
in the southern and eastern regions, with an isolated population in the 
mountains of Ethiopia. Current population estimates range between 6,000 
to 8,000 and are declining rapidly, due to loss and degradation of 
wetland habitats, as well as intensified agriculture, dam construction, 
and industrialization. In other parts of the range, the creation of 
dams has changed the dynamics of the flood plains, thus further 
endangering these cranes and their habitats. Human disturbance at or 
near breeding sites also continues to be a major threat. Lack of 
oversight and education over the actions of people, industry, and 
agriculture is leading to reduced preservation for the lands on which 
cranes live, thereby threatening the ability of cranes to survive in 
these regions.
  If we do not act now, not only will cranes face extinction, but the 
ecosystems that depend on their contributions will suffer. With the 
decline of the crane population, the wetlands and marshes they inhabit 
can potentially be thrown off balance. I urge my colleagues to join me 
in supporting legislation that can provide funding to the local 
farming, education, and enforcement projects that can have the greatest 
positive effect on the preservation of both cranes and fragile 
habitats. This modest investment can secure the future of these 
exemplary birds and the beautiful areas in which they live. Therefore, 
I ask my colleagues to support the Crane Conservation Act of 2009.
  This legislation is endorsed by African Wildlife Foundation, American 
Bird Conservancy, American Veterinary Medical Association, Association 
of Zoos and Aquariums, Audubon Nature Institute, Born Free USA, 
Conservation International, Defenders of Wildlife, Dian Fossey Gorilla 
Fund International, Fauna & Flora International, Humane Society of the 
United States, Humane Society International, International Crane 
Foundation, International Fund for Animal Welfare, International Rhino 
Foundation, National Wildlife Federation, National Wildlife Refuge 
Association, The Nature Conservancy, Sierra Club, Wildlife Alliance, 
Wildlife Conservation Society, and the World Wildlife Fund.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 197

       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 ``Crane Conservation Act of 
     2009''.

     SEC. 2. PURPOSES.

       The purposes of this Act are--
       (1) to perpetuate healthy populations of cranes;
       (2) to assist in the conservation and protection of cranes 
     by supporting--

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       (A) conservation programs in countries in which endangered 
     and threatened cranes occur; and
       (B) the efforts of private organizations committed to 
     helping cranes; and
       (3) to provide financial resources for those programs and 
     efforts.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Conservation.--
       (A) In general.--The term ``conservation'' means the use of 
     any method or procedure to improve the viability of crane 
     populations and the quality of the ecosystems and habitats on 
     which the crane populations depend to help the species 
     achieve sufficient populations in the wild to ensure the 
     long-term viability of the species.
       (B) Inclusions.--The term ``conservation'' includes the 
     carrying out of any activity associated with scientific 
     resource management, such as--
       (i) protection, restoration, and management of habitat;
       (ii) research and monitoring of known populations;
       (iii) the provision of assistance in the development of 
     management plans for managed crane ranges;
       (iv) enforcement of the Convention;
       (v) law enforcement and habitat protection through 
     community participation;
       (vi) reintroduction of cranes to the wild;
       (vii) conflict resolution initiatives; and
       (viii) community outreach and education.
       (2) Convention.--The term ``Convention'' has the meaning 
     given the term in section 3 of the Endangered Species Act of 
     1973 (16 U.S.C. 1532).
       (3) Fund.--The term ``Fund'' means the Crane Conservation 
     Fund established by section 5(a).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 4. CRANE CONSERVATION ASSISTANCE.

       (a) In General.--Subject to the availability of 
     appropriations and in consultation with other appropriate 
     Federal officials, the Secretary shall use amounts in the 
     Fund to provide financial assistance for projects relating to 
     the conservation of cranes for which project proposals are 
     approved by the Secretary in accordance with this section.
       (b) Project Proposals.--
       (1) Applicants.--
       (A) In general.--An applicant described in subparagraph (B) 
     that seeks to receive assistance under this section to carry 
     out a project relating to the conservation of cranes shall 
     submit to the Secretary a project proposal that meets the 
     requirements of this section.
       (B) Eligible applicants.--An applicant described in this 
     subparagraph is--
       (i) any relevant wildlife management authority of a country 
     that--

       (I) is located within the African, Asian, European, or 
     North American range of a species of crane; and
       (II) carries out 1 or more activities that directly or 
     indirectly affect crane populations;

       (ii) the Secretariat of the Convention; and
       (iii) any person or organization with demonstrated 
     expertise in the conservation of cranes.
       (2) Required elements.--A project proposal submitted under 
     paragraph (1)(A) shall include--
       (A) a concise statement of the purpose of the project;
       (B)(i) the name of each individual responsible for 
     conducting the project; and
       (ii) a description of the qualifications of each of those 
     individuals;
       (C) a concise description of--
       (i) methods to be used to implement and assess the outcome 
     of the project;
       (ii) staff and community management for the project; and
       (iii) the logistics of the project;
       (D) an estimate of the funds and the period of time 
     required to complete the project;
       (E) evidence of support for the project by appropriate 
     government entities of countries in which the project will be 
     conducted, if the Secretary determines that such support is 
     required to ensure the success of the project;
       (F) information regarding the source and amount of matching 
     funding available for the project; and
       (G) any other information that the Secretary considers to 
     be necessary for evaluating the eligibility of the project to 
     receive assistance under this Act.
       (c) Project Review and Approval.--
       (1) In general.--The Secretary shall--
       (A) not later than 30 days after receiving a final project 
     proposal, provide a copy of the proposal to other appropriate 
     Federal officials; and
       (B) review each project proposal in a timely manner to 
     determine whether the proposal meets the criteria described 
     in subsection (d).
       (2) Consultation; approval or disapproval.--Not later than 
     180 days after receiving a project proposal, and subject to 
     the availability of appropriations, the Secretary, after 
     consulting with other appropriate Federal officials, shall--
       (A) consult on the proposal with the government of each 
     country in which the project is to be carried out;
       (B) after taking into consideration any comments resulting 
     from the consultation, approve or disapprove the proposal; 
     and
       (C) provide written notification of the approval or 
     disapproval to--
       (i) the applicant that submitted the proposal;
       (ii) other appropriate Federal officials; and
       (iii) each country described in subparagraph (A).
       (d) Criteria for Approval.--The Secretary may approve a 
     project proposal under this section if the Secretary 
     determines that the proposed project will enhance programs 
     for conservation of cranes by assisting efforts to--
       (1) implement conservation programs;
       (2) address the conflicts between humans and cranes that 
     arise from competition for the same habitat or resources;
       (3) enhance compliance with the Convention and other 
     applicable laws that--
       (A) prohibit or regulate the taking or trade of cranes; or
       (B) regulate the use and management of crane habitat;
       (4) develop sound scientific information on, or methods for 
     monitoring--
       (A) the condition of crane habitat;
       (B) crane population numbers and trends; or
       (C) the current and projected threats to crane habitat and 
     population numbers and trends;
       (5) promote cooperative projects on the issues described in 
     paragraph (4) among--
       (A) governmental entities;
       (B) affected local communities;
       (C) nongovernmental organizations; or
       (D) other persons in the private sector;
       (6) carry out necessary scientific research on cranes;
       (7) provide relevant training to, or support technical 
     exchanges involving, staff responsible for managing cranes or 
     habitats of cranes, to enhance capacity for effective 
     conservation; or
       (8) reintroduce cranes successfully back into the wild, 
     including propagation of a sufficient number of cranes 
     required for this purpose.
       (e) Project Sustainability; Matching Funds.--To the maximum 
     extent practicable, in determining whether to approve a 
     project proposal under this section, the Secretary shall give 
     preference to a proposed project--
       (1) that is designed to ensure effective, long-term 
     conservation of cranes and habitats of cranes; or
       (2) for which matching funds are available.
       (f) Project Reporting.--
       (1) In general.--Each person that receives assistance under 
     this section for a project shall submit to the Secretary, at 
     such periodic intervals as are determined by the Secretary, 
     reports that include all information that the Secretary, 
     after consulting with other appropriate government officials, 
     determines to be necessary to evaluate the progress and 
     success of the project for the purposes of--
       (A) ensuring positive results;
       (B) assessing problems; and
       (C) fostering improvements.
       (2) Availability to the public.--Each report submitted 
     under paragraph (1), and any other documents relating to a 
     project for which financial assistance is provided under this 
     Act, shall be made available to the public.

     SEC. 5. CRANE CONSERVATION FUND.

       (a) Establishment.--There is established in the 
     Multinational Species Conservation Fund established by the 
     matter under the heading ``MULTINATIONAL SPECIES CONSERVATION 
     FUND'' in title I of the Department of the Interior and 
     Related Agencies Appropriations Act, 1999 (112 Stat. 2681-
     237; 16 U.S.C. 4246) a separate account to be known as the 
     ``Crane Conservation Fund'', consisting of--
       (1) amounts transferred to the Secretary of the Treasury 
     for deposit into the Fund under subsection (c); and
       (2) amounts appropriated to the Fund under section 7.
       (b) Expenditures From Fund.--
       (1) In general.--Subject to paragraphs (2) and (3), 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 3 percent, or $150,000, whichever is greater, to 
     pay the administrative expenses necessary to carry out this 
     Act.
       (3) Limitation.--Not more than 20 percent of the amounts 
     made available from the Fund for any fiscal year may be used 
     for projects relating to the conservation of North American 
     crane species.
       (c) Acceptance and Use of Donations.--
       (1) In general.--The Secretary may accept and use donations 
     to provide assistance under section 4.
       (2) Transfer of donations.--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 cranes.
       (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.

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       (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. FUNDING.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Fund $5,000,000 for each of fiscal 
     years 2009 through 2013, to remain available until expended.
       (b) Offset.--Of amounts appropriated to, and available at 
     the discretion of, the Secretary for programmatic and 
     administrative expenditures, a total of $25,000,000 shall be 
     used to establish the Fund.
                                 ______