[Senate Report 105-142]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 279
105th Congress                                                   Report
                                 SENATE

 1st Session                                                    105-142
_______________________________________________________________________


 
                ASIAN ELEPHANT CONSERVATION ACT OF 1997

                                _______
                                

                November 7, 1997.--Ordered to be printed

_______________________________________________________________________


    Mr. Chafee, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1287]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 1287), 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, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.

                           General Statement

                               BACKGROUND

    It was a small tapir-like mammal about 45 million years ago 
that gave rise to the modern-day elephant. Ancestors of the 
elephant at one time inhabitated almost every continent. By the 
end of the last great ice age about 10,000 years ago, however, 
only two species survived--the African elephant (Loxdonta 
africana) and the Asian elephant (Elephas maximus). These two 
species are the largest land animals on the planet. They have 
always played a significant role in human society surrounding 
them, and they play a significant role in the ecosystem in 
which they reside.
    The Asian elephant, in particular, has held a unique place 
in societies throughout Asia for more than 5,000 years. For 
example, Hindu scriptures frequently refer to elephants, and 
the elephantine god Ganesh is revered by Hindu worshipers. In 
China, the elephant plays a role in folklore, festivals and 
other rituals. The Asian elephant is also a flagship species, 
whose needs encompass those of other species residing in the 
same habitat, so that protection of the Asian elephant would 
automatically serve to protect those other species as well. For 
these reasons, as well as for the species in its own right, the 
Asian elephant plays a vital role on that continent.
    The survival of the species, however, is seriously 
imperiled. Asian elephants in the wild currently number 
approximately 35,000-45,000, existing in pockets of habitat 
across Asia, from India to Malaysia. Approximately another 
15,000 exist in captivity. India is home to about 50 percent of 
the wild population. Wild populations suffer from severe 
fragmentation: there are only about 14 populations throughout 
Asia that consist of 1,000 or more individuals, and many 
populations have fewer than 100 individuals, with only a lone 
bull male. The Asian elephant is listed as endangered under the 
Endangered Species Act, and is included on Appendix I of the 
Convention on International Trade in Endangered Species of Wild 
Fauna and Flora (CITES).
    The decline of the species has resulted from several 
factors. Habitat fragmentation and loss, as a result of human 
development and expansion, pose the greatest threat to the 
species. Elephants reside in the remaining forests of Asia, 
which are being cleared for homes and farms. Poaching for meat 
and ivory, and capture for domestication, are additional 
threats. Lastly, conflicts between elephants and humans due to 
encroachment onto each other's habitat have led to the 
destruction of human lives and property, which in turn leads to 
the capture and killing of elephants.
    This bill is modeled after the African Elephant 
Conservation Act of 1988 and the Rhinoceros and Tiger 
Conservation Act of 1994. These laws have been extremely 
successful in promoting conservation programs for those 
species. The success and effectiveness of these programs stem 
from their emphasis on small grants that can be awarded 
quickly, their focus on diverse, field-level conservation 
projects, their cooperation with the governments of the range 
states, and their reliance on matching funds. These laws thus 
serve as a model for conservation of imperiled species 
overseas.

                     Objectives OF THE LEGISLATION

    The bill seeks to promote the conservation of the Asian 
elephant by providing direct grants and encouraging additional 
assistance for projects and programs in states within the range 
of the Asian elephant. The bill would create a dedicated fund 
for activities relating to Asian elephant conservation, and 
would authorize up to $5 million for annual appropriations for 
the fund, through 2002.

                      Section-by-Section Analysis

Section 1. Short Title
    This section designates the bill as the ``Asian Elephant 
Conservation Act of 1997.''
Section 2. Findings
    This section contains the findings of Congress. 
Specifically, the findings recognize the precarious state of 
the Asian elephant, note the benefits to tropical forests 
generally by conserving the Asian elephant, and observe that 
conservation efforts in the past have been underfunded, and in 
the future will require the joint commitment of states within 
the range of the Asian elephant, the United States, and other 
countries.
Section 3. Purposes
    This section establishes the purposes of the bill as 
follows: to perpetuate healthy populations of Asian elephants; 
to assist in the conservation of Asian elephants by supporting 
the conservation programs of nations within the range of the 
Asian elephant and the CITES Secretariat; and to provide 
financial resources for those programs.
Section 4. Definitions
    This section contains definitions of terms used in the 
bill. The term ``conservation'' is defined broadly to include 
the use of all methods and procedures necessary to bring Asian 
elephants in the wild to the point at which their long-term 
survival is ensured.
Section 5. Asian Elephant Conservation Assistance
    Subsection (a) requires the Secretary of the Interior (the 
Secretary), subject to the availability of funds and in 
consultation with the Administrator of the U.S. Agency for 
International Development (Administrator), to use amounts in 
the Asian Elephant Conservation Fund (Fund) to provide 
financial assistance for approved projects for the conservation 
of Asian elephants.
    Subsection (b) specifies the requirements for submission of 
project proposals. Proposals may be submitted by any of the 
following: any relevant wildlife management authority of a 
nation within the range of Asian elephants whose activities 
affect the species; the CITES Secretariat; or any person with 
demonstrated expertise in the conservation of Asian elephants. 
This subsection also requires that each proposal include 
certain information, including evidence of support for 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.
    Subsection (c) relates to project review and approval. 
Within 30 days of receiving a final project proposal, the 
Secretary must provide a copy to the Administrator. The 
Secretary has six months to consult with the Administrator, 
request written comments on the proposal from each country 
within which the project is to be conducted, approve or 
disapprove the proposal, and provide written notice of the 
decision to the applicant, the Administrator, and each of the 
countries. The Secretary currently consults with the 
Administrator in using funds under the African Elephant 
Conservation Act and the Tiger and Rhinoceros Conservation Act, 
and the consultation required in this subsection would follow 
current practice.
    Subsection (d) provides that the Secretary may approve a 
final project proposal if the project will enhance programs for 
conservation of Asian elephants by assisting efforts to 
implement conservation programs, address conflicts between 
humans and elephants, enhance compliance with relevant laws to 
protect elephants and their habitat, develop sound scientific 
information, or promote cooperative projects that accomplish 
any of the above.
    Subsection (e) requires the Secretary, to the maximum 
extent practical, to give consideration to projects that will 
enhance sustainable integrated conservation development 
programs to ensure effective, long-term conservation of Asian 
elephants.
    Subsection (f) requires each recipient of assistance to 
provide periodic reports, as the Secretary considers necessary, 
to the Secretary and the Administrator.
    Subsection (g) requires that in determining whether to 
approve projects, the Secretary shall give priority to those 
projects for which there exists some measure of matching funds.
    Subsection (h) prohibits use of grants under this bill for 
captive breeding of Asian elephants, other than for release in 
the wild.
Section 6. Asian Elephant Conservation Fund
    This section establishes a separate account in the general 
fund of the Treasury, to be known as the ``Asian Elephant 
Conservation Fund.'' Deposits into the Fund shall include 
amounts appropriated to the Fund, and amounts received by the 
Secretary in the form of donations. Amounts in the Fund may be 
used to provide assistance under section 5 without further 
appropriation. The Secretary may use not more than three 
percent to administer the Fund.
Section 7. Authorization of Appropriations
    This section authorizes appropriations of $5,000,000 for 
each of fiscal years 1998 through 2002.

                                Hearings

    The committee held a hearing on November 4, 1997 on S. 1287 
and H.R. 1787, among other things. Testimony was given by: 
Senator James M. Jeffords of Vermont; Representative Jim Saxton 
of the Third District of New Jersey; Marshall P. Jones, 
Assistant Director for International Affairs, U.S. Fish and 
Wildlife Service; Ginette Hemley, Director for International 
Wildlife Policy, World Wildlife Fund; Dr. John W. Grandy, 
Senior Vice President, The Humane Society of the United States; 
and Dr. Stuart A. Marks, Director for Research and Community 
Development, Safari Club International.

                           Regulatory Impact

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee makes an evaluation 
of the regulatory impact of the reported bill. The bill will 
have no regulatory impact. This bill will not have any adverse 
impact on the personal privacy of individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that the bill would 
impose no Federal intergovernmental unfunded mandates on State, 
local, or tribal governments. All of its governmental 
directives are imposed on Federal agencies. The bill does not 
directly impose any private sector mandates.

                          Legislative History

    S. 1287 was introduced by Senator Jeffords on October 9, 
and referred to the Committee on Environment and Public Works. 
H.R. 1787 was received from the House of Representatives and 
referred to the committee on October 22. The committee held a 
hearing on both bills on November 4, 1997. On November 6, 1997, 
the committee held a business meeting to consider the bills. 
Senator Chafee offered an amendment to S. 1287 that would 
prohibit funding under that law for captive breeding other than 
for release in the wild. This amendment conformed the Senate 
bill with the House bill. S. 1287, as amended, was favorably 
reported by the committee on a voice vote. H.R. 1787 was also 
favorably reported by the committee on a voice vote.

                       Agency Review and Comment

    The U.S. Fish and Wildlife Service filed the following 
statement supporting the passage of S. 1287.

          United States Department of the Interior,
                                   Office of the Secretary,
                                  Washington, DC, October 29, 1997.

Hon. John H. Chafee,
Chairman, Committee on Environment and Public Works,
United States Senate.

    Dear Mr. Chairman: This letter represents the Department's 
views regarding S. 1287, the Asian Elephant Conservation Act of 
1997. The Department fully supports enactment of this 
legislation.
    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.
    S. 1287 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.
    Patterned after the African Elephant Conservation Act of 
1988 and the Rhinoceros and Tiger Conservation Act of 1994, the 
Asian Elephant Conservation Act would assign responsibility for 
implementation to the Secretary of the Interior, in 
consultation with the Administrator of the Agency for 
International Development. This bill would authorize the 
Secretary to make grants designed to benefit Asian elephants in 
the world.
    The Fish and Wildlife Service also would mesh the 
administration of this new legislation with existing 
responsibilities under the Endangered Species Act, using its 
experience gained during more than 20 years of participation in 
cooperative wildlife programs in Asia--including, among many 
other projects, a 10-year ecological study of the Asian 
elephant in India involving training, research, and management 
activities.
    Additionally, the Service has facilitated CITES 
implementation workshops in six Asian countries, and has so far 
provided support for 15 projects under the Rhinoceros and Tiger 
Conservation Act in three countries, with many more proposals 
now under review. The Service has developed an excellent 
working relationship with most Asian elephant range countries 
and with the CITES Secretariat, as well as establishing an 
important network of worldwide experts, advisors and 
cooperators that can be drawn upon for support and expertise.
    Implementation of the Asian Elephant Conservation Act by 
the Service would be based on the pattern established by the 
African Elephant and Rhinoceros and Tiger Conservation Acts. 
The Service would develop a grant program with a call for 
proposals that would be sent out to a mailing list of potential 
cooperators from regional and range country agencies and 
organizations, including CITES partners and the CITES 
Secretariat. The legislation's criteria for proposal approval 
gives the Service clear guidance, and priority would be given 
to proposals which would directly support and enhance wild 
elephant populations and which include necessary matching 
funds.
    All amounts made available through the Conservation Fund 
would be allocated as quickly and as efficiently as possible. 
The Service expects that Asian elephant range countries and 
international organizations would submit a variety of 
conservation proposals for support, including research, 
management, conflict resolution, community outreach and 
education, law enforcement, CITES implementation, captive 
breeding, genetic studies and traditional mahout and koonkie 
elephant training.
    Given the success under the African Elephant Conservation 
Act and the Rhinoceros and Tiger Conservation Act, the Service 
expects that the Asian Elephant Conservation Act would make a 
major contribution to conservation, filing a significant void 
in its current programs. This legislation would send a strong 
message to the world that the people of the United States care 
deeply about Asian elephants and that the U.S. government is 
committed to helping preserve this keystone species of the 
remaining tropical and subtropical Asian forests.
    The Office of Management and Budget advises that there is 
no objection to the presentation of this report from the 
standpoint of the Administration's program.
            Sincerely,
                                                 Don Barry,
        Acting Assistant Secretary for Fish and Wildlife and Parks.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment Act 
requires a statement of the cost of a reported bill, prepared 
by the Congressional Budget Office, be included in the report. 
The statement has been requested but was not available when the 
report was filed by the committee. When it is available, it 
will be placed in the Congressional Record.

                        Changes in Existing Law

    Section 12 of rule XXVI of the Standing Rules of the Senate 
requires the committee to identify changes to existing law that 
would result with passage of legislation. No changes to 
existing law will occur with passage of S. 1287.