[House Report 105-266]
[From the U.S. Government Publishing Office]
105th Congress Rept. 105-266
HOUSE OF REPRESENTATIVES
1st Session Part 1
_______________________________________________________________________
ASIAN ELEPHANT CONSERVATION ACT OF 1997
_______________________________________________________________________
September 23, 1997.--Ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 1787]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 1787) to assist in the conservation of Asian elephants by
supporting and providing financial resources for the
conservation programs of nations within the range of Asian
elephants and projects of persons with demonstrated expertise
in the conservation of Asian elephants, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Asian Elephant Conservation Act of
1997''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Asian elephant populations in nations within the range of
Asian elephants have continued to decline to the point that the
long-term survival of the species in the wild is in serious
jeopardy.
(2) The Asian elephant is listed as an endangered species
under section 4 of the Endangered Species Act of 1973 and under
appendix I of the Convention on International Trade of
Endangered Species of Wild Fauna and Flora.
(3) Because the challenges facing the conservation of Asian
elephants are so great, resources to date have not been
sufficient to cope with the continued loss of habitat and the
consequent diminution of Asian elephant populations.
(4) The Asian elephant is a flagship species for the
conservation of tropical forest habitats in which it is found
and provides the consequent benefit from such conservation to
numerous other species of wildlife including many other
endangered species.
(5) Among the threats to the Asian elephant in addition to
habitat loss are population fragmentation, human-elephant
conflict, poaching for ivory, meat, hide, bones and teeth, and
capture for domestication.
(6) To reduce, remove, or otherwise effectively address these
threats to the long-term viability of populations of Asian
elephants in the wild will require the joint commitment and
effort of nations within the range of Asian elephants, the
United States and other countries, and the private sector.
SEC. 3. PURPOSES.
The purposes of this Act are the following:
(1) To perpetuate healthy populations of Asian elephants.
(2) To assist in the conservation and protection of Asian
elephants by supporting the conservation programs of Asian
elephant range states and the CITES Secretariat.
(3) To provide financial resources for those programs.
SEC. 4. DEFINITIONS.
In this Act:
(1) The term ``CITES'' means the Convention on International
Trade in Endangered Species of Wild Fauna and Flora, signed on
March 3, 1973, and its appendices.
(2) The term ``conservation'' means the use of methods and
procedures necessary to bring Asian elephants to the point at
which there are sufficient populations in the wild to ensure
that the species does not become extinct, including all
activities associated with scientific resource management, such
as conservation, protection, restoration, acquisition, and
management of habitat; research and monitoring of known
populations; assistance in the development of management plans
for managed elephant ranges; CITES enforcement; law enforcement
through community participation; translocation of elephants;
conflict resolution initiatives; and community outreach and
education.
(3) The term ``Fund'' means the Asian Elephant Conservation
Fund established under section 6(a).
(4) The term ``Secretary'' means the Secretary of the
Interior.
(5) The term ``Administrator'' means the Administrator of the
Agency for International Development.
SEC. 5. ASIAN ELEPHANT CONSERVATION ASSISTANCE.
(a) In General.--The Secretary, subject to the availability of funds
and in consultation with the Administrator, shall use amounts in the
Fund to provide financial assistance for projects for the conservation
of Asian elephants for which final project proposals are approved by
the Secretary in accordance with this section.
(b) Project Proposal.--Any relevant wildlife management authority of
a nation within the range of Asian elephants whose activities directly
or indirectly affect Asian elephant populations, the CITES Secretariat,
or any person with demonstrated expertise in the conservation of Asian
elephants, may submit to the Secretary a project proposal under this
section. Each proposal shall include the following:
(1) The name of the individual responsible for conducting the
project.
(2) A succinct statement of the purposes of the project.
(3) A description of the qualifications of the individuals
who will conduct the project.
(4) An estimate of the funds and time required to complete
the project.
(5) Evidence of support of the project by appropriate
governmental entities of countries in which the project will be
conducted, if the Secretary determines that the support is
required for the success of the project.
(6) Information regarding the source and amount of matching
funding available to the applicant.
(7) Any other information 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.--Within 30 days after receiving a final
project proposal, the Secretary shall provide a copy of the
proposal to the Administrator. The Secretary shall review each
final project proposal to determine if it meets the criteria
set forth in subsection (d).
(2) Consultation; approval or disapproval.--Not later than 6
months after receiving a final project proposal, and subject to
the availability of funds, the Secretary, after consulting with
the Administrator, shall--
(A) request written comments on the proposal from
each country within which the project is to be
conducted;
(B) after requesting those comments, approve or
disapprove the proposal; and
(C) provide written notification of that approval or
disapproval to the person who submitted the proposal,
the Administrator, and each of those countries.
(d) Criteria for Approval.--The Secretary may approve a final project
proposal under this section if the project will enhance programs for
conservation of Asian elephants by assisting efforts to--
(1) implement conservation programs;
(2) address the conflicts between humans and elephants that
arise from competition for the same habitat;
(3) enhance compliance with provisions of CITES and laws of
the United States or a foreign country that prohibit or
regulate the taking or trade of Asian elephants or regulate the
use and management of Asian elephant habitat;
(4) develop sound scientific information on the condition of
Asian elephant habitat, Asian elephant population numbers and
trends, or the threats to such habitat, numbers, or trends; or
(5) promote cooperative projects on those topics with other
foreign governments, affected local communities,
nongovernmental organizations, or others in the private sector.
(e) Project Sustainability.--To the maximum extent practical, in
determining whether to approve project proposals under this section,
the Secretary shall give consideration to projects which will enhance
sustainable integrated conservation development programs to ensure
effective, long-term conservation of Asian elephants.
(f) Project Reporting.--Each person who receives assistance under
this section for a project shall provide periodic reports, as the
Secretary considers necessary, to the Secretary and the Administrator.
Each report shall include all information required by the Secretary,
after consulting with the Administrator, for evaluating the progress
and success of the project.
(g) Matching Funds.--In determining whether to approve project
proposals under this section, the Secretary shall give priority to
those projects for which there exists some measure of matching funds.
(h) Limitation on Use for Captive Breeding.--Amounts provided as a
grant under this Act may not be used for captive breeding of Asian
elephants other than for release in the wild.
SEC. 6. ASIAN ELEPHANT CONSERVATION FUND.
(a) Establishment.--There is established in the general fund of the
Treasury a separate account to be known as the ``Asian Elephant
Conservation Fund'', which shall consist of amounts deposited into the
Fund by the Secretary of the Treasury under subsection (b).
(b) Deposits Into the Fund.--The Secretary of the Treasury shall
deposit into the Fund--
(1) all amounts received by the Secretary in the form of
donations under subsection (d); and
(2) other amounts appropriated to the Fund.
(c) Use.--
(1) In general.--Subject to paragraph (2), the Secretary may
use amounts in the Fund without further appropriation to
provide assistance under section 5.
(2) Administration.--Of amounts in the Fund available for
each fiscal year, the Secretary may use not more than 3 percent
to administer the Fund.
(d) Acceptance and Use of Donations.--The Secretary may accept and
use donations to provide assistance under section 5. Amounts received
by the Secretary in the form of donations shall be transferred to the
Secretary of the Treasury for deposit into the Fund.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Fund $5,000,000 for
each of fiscal years 1998, 1999, 2000, 2001, and 2002 to carry out this
Act, which may remain available until expended.
PURPOSE OF THE BILL
The purpose of H.R. 1787 is to create an Asian Elephant
Conservation Fund and to authorize the Congress to appropriate
up to $5 million per year to this Fund for each of the next
five fiscal years to finance various conservation projects.
BACKGROUND AND NEED FOR LEGISLATION
In Asia, the relationship between man and elephant dates
back almost 5,000 years when elephants were first captured and
trained for use in religious ceremonies, war, and as draft
animals. In fact, ancient Hindu scriptures frequently refer to
elephants, the elephant-headed god Ganesh is revered throughout
India, and the white elephant has special religious
significance for Buddhists throughout Asia. In Chinese culture,
elephants have played a special role in folklore, games,
medicine and pageantry.
Asian elephants have also been used in forestry operations
for many years. Today, wild elephants are still captured and
trained for use in logging operations in Burma. Elsewhere
throughout their range, domestic elephants are used for
ceremonial, tourism and transportation purposes. These
activities provide an important source of income to numerous
local communities.
Sadly, the Asian elephant is now in grave danger and unless
steps are immediately taken by the international community, the
Asian elephant will largely disappear from most of its
historical range. To date, the Asian elephant has been declared
endangered and placed on the U.S. Endangered Species Act list,
on the Red List of Mammals by the International Union for
Conservation of Nature and Natural Resources (IUCN)-World
Conservation Union, and on Appendix I of the Convention on
International Trade in Endangered Species of Wild Fauna and
Flora. Placement on Appendix I prohibits all commercial trade
in Asian elephant products on a worldwide basis.
Despite these efforts, the population of Asian elephants
living in the wild has dramatically fallen to about 40,000
animals, which is less than 10 percent of its elephant cousin
(Loxodonta Africana) living in Africa. These wild populations
are located in 13 countries in South and Southeast Asia. The
largest population of 20,000 Asian elephants, or 50 percent of
the total, reside in India; the smallest population of 50
animals is located in Nepal. What is equally distressing is the
fact that there are only about 14 populations of 1,000 or more
individuals in a contiguous area. Seven of these populations
are found in Burma and India. In simple terms, this means that
such drastic population fragmentation increases the likelihood
of geographic extinctions and greatly reduces the long-term
viability of the species. In addition, it has been estimated
that there are about 16,000 domesticated elephants.
There are a number of important reasons why there has been
a severe decline in the number of Asian elephants. The primary
reason is the loss of habitat. All Asian elephants need a shady
or forest environment, and this habitat is disappearing rapidly
throughout Asia. Due to their sheer size and social structure,
elephants need large areas to survive. Since Asian
elephantsinhabit some of the most densely populated areas of the world,
forest clearance for homes and large-scale agricultural crops have
resulted in a dramatic loss of thousands of acres of their habitat. In
essence, elephants and man are in direct competition for the same
resources.
Second, while poaching for ivory has not been an overriding
reason for its decline, Asian elephants of both sexes are
increasingly being poached for bones, hide, meat and teeth.
Hide is used for bags and shoes in China and Thailand, and
bones, teeth and other body parts are used in traditional
Chinese medicine to cure various ailments. In fact, this type
of poaching even threatens domestic elephants that are allowed
to free-range in various forests.
Third, Asian elephants are still captured in the wild for
domestication. In Burma, the country with the highest demand
for work elephants, adult elephants are captured and trained
for use in the timber industry. Regrettably, capture operations
inevitably result in some mortalities and it does adversely
affect the genetic pool of elephants living in the wild.
Finally, conflicts between elephants and people are
increasing at an escalating rate. This is a direct result of
the dramatic loss of forest habitat and the ensuing competition
for the remaining resources. Every year, thousands of acres of
agricultural crops are destroyed by elephants looking for food.
In many cases, elephants encounter people where they were not
found previously, thereby leading to the destruction of human
lives and homes.
In countries where governments are concerned with this
ever-increasing problem, measures taken are drastic and very
expensive. For instance, in Malaysia, there was large-scale
shooting of crop-raiding elephants in the late 1960s and, more
recently, the construction of electric fences and translocation
of problem elephants to protected areas. Other countries like
Indonesia are taking short-term measures by capturing large
numbers for domestication. However, they have found no long-
term use for these domesticated elephants because there has
been no traditional relationship between people and working
elephants. In countries like Cambodia and Vietnam where no
immediate solutions are provided by governmental authorities
because of lack of financial resources, people are increasingly
taking the law into their own hands and shooting the elephant
offenders.
It is also important to understand that effective Asian
elephant conservation and management efforts will have a
positive effect on other species that reside in the same
habitat. In the case of the Asian elephant, these include: the
Asiatic wild dog, Clouded leopard, gaur, Great Pied hornbill,
Hoolock gibbon, kouprey, Lion-tailed macaque, Malayan sun bear,
peacock pheasant, rhinoceros and tiger. It is essential to the
survival of these species that the Asian elephant not be
allowed to disappear from this planet.
Finally, unlike the African elephant, there is no sport-
hunting of Asian elephants and no large stockpiles of Asian
elephant ivory in government warehouses in Asia or Southeast
Asian countries.
COMMITTEE ACTION
H.R. 1787 was introduced on June 4, 1997, by Congressman
Jim Saxton (R-NJ), Chairman, Subcommittee on Fisheries
Conservation, Wildlife and Oceans; Congressman Neil Abercrombie
(D-HI), Ranking Minority Member, Subcommittee on Fisheries
Conservation, Wildlife and Oceans; Congressman Don Young (R-
AK); Congressman George Miller (D-CA); Congressman Sherwood L.
Boehlert (R-NY); Congressman Merrill Cook (R-UT); Congressman
Randy ``Duke'' Cunningham (R-CA); Congressman Vernon J. Ehlers
(R-MI); Congressman Eni F.H. Faleomavaega (D-AS); Congressman
Bob Franks (R-NJ); Congressman Wayne T. Gilchrest (R-MD);
Congressman James C. Greenwood (R-PA); Congressman Maurice D.
Hinchey (D-NY); Congresswoman Sue W. Kelly (R-NY);
Congresswoman Constance A. Morella (R-MD); Congressman John W.
Olver (D-MA); Congressman Frank Pallone, Jr. (D-NJ);
Congressman Fred Upton (R-MI); and Congressman James A.
Traficant, Jr. (D-OH).
The bill was referred to the Committee on Resources, and
within the Committee to the Subcommittee on Fisheries
Conservation, Wildlife and Oceans. It was also referred to the
Committee on International Relations. Since its introduction,
H.R. 1787 has been cosponsored by Representatives Christopher
Shays (R-CT); Luis Gutierrez (D-IL); Bernard Sanders (I-VT);
Gary Ackerman (D-NY); Diana DeGette (D-CO); Owen Pickett (D-
VA); Thomas Sawyer (D-OH); and Sam Farr (D-CA).
On Thursday, July 31, 1997, the Subcommittee on Fisheries
Conservation, Wildlife and Oceans held a legislative hearing on
H.R. 1787, the Asian Elephant Conservation Act of 1997. The
Subcommittee heard testimony from Mr. Marshall P. Jones,
Assistant Director for International Affairs, United States
Fish and Wildlife Service, Department of the Interior; Dr.
Terry Maple, President and Chief Executive Officer, Zoo
Atlanta; Dr. Eric Dinerstein, Chief Scientist and Director,
World Wildlife Fund; the Honorable Andy Ireland, Senior Vice
President, Feld Entertainment, Inc.; Dr. Raman Sukumar, Center
for Ecological Sciences, Indian Institute of Science; Dr. Mary
C. Pearl, Executive Director, Wildlife Preservation Trust
International; and Dr. Michael Stowe, Research Associate,
Smithsonian Institution. All witnesses testified in strong
support of the bill.
Mr. Marshall Jones of the Interior Department testified
that:
On behalf of the Administration, the Service fully
supports the enactment of this legislation and
congratulates the Congress on its foresight in
recognizing and addressing the plight of the Asian
elephant. Asian elephants need active protection and
management of their habitat, resolution of the
deleterious conflicts with humans over land uses,
better law enforcement activities to protect against
poaching, reduction of captures from the wild, and
better care and humane treatment of the remaining
captive populations. They also need the restoration of
the harmonious relationship that previously existed
with humans through community education and awareness
activities. It is indeed timely that this Subcommittee
is now considering H.R. 1787 [which] acknowledges the
problems of forest habitat reduction and fragmentation,
conflicts with humans, poaching and other serious
issues affecting the Asian elephant. The Act addresses
the need to encourage and assist initiatives of
regional and national agencies and organizations whose
activities directly or indirectly promote the
conservation of Asian elephants and their habitat, and
it provides for the establishment of an Asian Elephant
Conservation Fund, authorized to receive donations and
appropriated funds. While many range governments have
demonstrated a commitment towards conservation, the
lack of international support for their efforts has
been a serious impediment.
Dr. Raman Sukumar, the Chairman of the IUCN Asian Elephant
Specialist Group testified that: ``The irony that I see in the
plight of the Asian elephant is that it is arguably the
ultimate flagship species for conservation of biological and
cultural diversity in Asia. The elephant is a keystone species
in the tropical forests of south and southeast Asia, which are
biologically one of the most diverse regions of the world.
Conserving the wild elephant would automatically ensure that
hundreds of thousands of plant and animal species would also be
conserved in Asian tropical forests.''
On September 10, 1997, the full Resources Committee met to
consider H.R. 1787. The Subcommittee on Fisheries Conservation,
Wildlife and Oceans was discharged from further consideration
of H.R. 1787. During debate on the measure, Congressman Neil
Abercrombie indicated that he strongly supported the bill and
hoped that it would help to conserve this ``blue collar worker
of the animal world.'' An amendment was offered by Congressman
Sam Farr stipulating that no Federal grant money could be used
for captive breeding of Asian elephants other than for release
into the wild. The amendment was adopted by voice vote. The
bill, as amended, was then ordered favorably reported to the
House of Representatives by voice vote.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
With respect to the requirements of clause 2(l)(3) of Rule
XI of the Rules of the House of Representatives, and clause
2(b)(1) of Rule X of the Rules of the House of Representatives,
the Committee on Resources' oversight findings and
recommendations are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact H.R. 1787.
COST OF THE LEGISLATION
Clause 7(a) of Rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs which would be incurred in carrying out
H.R. 1787. However, clause 7(d) of that Rule provides that this
requirement does not apply when the Committee has included in
its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 403 of the Congressional Budget Act of 1974.
COMPLIANCE WITH HOUSE RULE XI
1. With respect to the requirement of clause 2(l)(3)(B) of
Rule XI of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, H.R.
1787 does not contain any new budget authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. According to the Congressional Budget Office,
enactment of H.R. 1787 would result in increased discretionary
spending.
2. With respect to the requirement of clause 2(l)(3)(D) of
Rule XI of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform and
Oversight on the subject of H.R. 1787.
3. With respect to the requirement of clause 2(l)(3)(C) of
Rule XI of the Rules of the House of Representatives and
section 403 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R.
1787 from the Director of the Congressional Budget Office.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 17, 1997.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1787, the Asian
Elephant Conservation Reauthorization Act of 1997.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
James L. Blum
(For June E. O'Neill, Director).
Enclosure.
H.R. 1787.--Asian Elephant Conservation Act of 1997
Summary: H.R. 1787 would establish a new fund to support
the conservation of Asian elephants. The bill would direct the
Secretary of the Interior to use amounts in the new fund to
finance eligible conservation efforts, which may include
specific projects such as research and education as well as
ongoing activities such as law enforcement. For this purpose,
the bill would authorize appropriations to the fund of $5
million for each of fiscal years 1998 through 2002. Also, the
Secretary would be authorized to accept and use donated funds
without further appropriation.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing H.R. 1787 would result in
additional discretionary spending of about $10 million over the
1998-2002 period (with the remainder of the authorized $25
million estimated to be spent after 2002). The legislation
would affect direct spending and receipts by allowing the
Secretary to accept and spend donations; therefore, pay-as-you-
go procedures would apply. Any such transactions, however,
would involve minor, offsetting amounts. H.R. 1787 does not
contain any intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act of 1995 (UMRA), and
would have no impact on the budgets of state, local, or tribal
governments.
Estimated cost to the Federal Government: For purposes of
this estimate, CBO assumes that the entire amounts authorized
by H.R. 1787 will be appropriated for each of fiscal years 1998
through 2002. Outlay estimates are based on obligation patterns
for similar programs, which indicate that the rate of spending
over the first few years of the new program would be slow. The
estimates budgetary impact of H.R. 1787 is shown in the
following table.
[By fiscal year, in millions of dollars]
------------------------------------------------------------------------
1998 1999 2000 2001 2002
------------------------------------------------------------------------
Spending subject to
appropriation:
Authorization level......... 5 5 5 5 5
Estimated outlays........... (\1\) 1 2 3 4
------------------------------------------------------------------------
\1\ Less than $500,000.
The costs of this legislation fall within budget function
300 (natural resources and environment). Spending for the
conservation of Asian elephants would constitute a new program
in the federal budget; that is, there is no spending for this
activity under current law.
Enacting H.R. 1787 also would affect both receipts and
direct spending by authorizing the Secretary of the Interior to
accept and use donations. CBO estimates that this provision
would increase federal receipts by less than $500,000 anually
once the conservation program has been established. Because
these receipts would be offset by additional direct spending,
the net impact of this provision on the federal budget would be
negligible in each year.
Pay-as-you-go-considerations: The Balanced Budget and
Emergency Deficit Control Act of 1985 specifies pay-as-you-go
procedures for legislation affecting direct spending or
receipts. Although enacting H.R. 1787 would affect both
receipts and direct spending, CBO estimates that the amounts
involved would be less than $500,000 annually.
Intergovernmental and private-sector impact: H.R. 1787
contains no intergovernmental or private-sector mandates as
defined in UMRA and would have no impact on the budgets of
state, local, or tribal governments.
Estimate prepared by: Deborah Reis.
Estimate approved by: Robert A. Sunshine, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
H.R. 1787 contains no unfunded mandates.
CHANGES IN EXISTING LAW
If enacted, H.R. 1787 would make no changes in existing
law.