[House Report 107-93]
[From the U.S. Government Publishing Office]




107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     107-93

======================================================================



 
       AFRICAN ELEPHANT CONSERVATION REAUTHORIZATION ACT OF 2001

                                _______
                                

 June 12, 2001.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 643]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 643) to reauthorize the African Elephant Conservation 
Act, 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 all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``African Elephant Conservation 
Reauthorization Act of 2001''.

SEC. 2. REAUTHORIZATION OF AFRICAN ELEPHANT CONSERVATION ACT.

  Section 2306 of the African Elephant Conservation Act (16 U.S.C. 
4245) is amended by striking ``1997'' and all that follows through 
``2002'' and inserting ``2001, 2002, 2003, 2004, 2005, 2006, and 
2007''.

SEC. 3. ADMINISTRATIVE EXPENSES.

  Section 2306 of the African Elephant Conservation Act (16 U.S.C. 
4245) is further amended--
          (1) by striking ``There are authorized'' and inserting ``(a) 
        In General.--There is authorized''; and
          (2) by adding at the end the following:
  ``(b) Administrative Expenses.--Of amounts available each fiscal year 
to carry out this Act, the Secretary may expend not more than 3 percent 
or $80,000, whichever is greater, to pay the administrative expenses 
necessary to carry out this Act.''.

SEC. 4. COOPERATION.

  Part I of the African Elephant Conservation Act (16 U.S.C. 4211 et 
seq.) is further amended by adding at the end the following:

``SEC. 2104. 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 African elephants.
  ``(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. 5. PROJECT SUSTAINABILITY.

  Section 2101 of the African Elephant Conservation Act (16 U.S.C. 
4211) is amended by redesignating subsection (e) as subsection (f), and 
by inserting after subsection (d) the following:
  ``(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 that will enhance 
sustainable conservation programs to ensure effective long-term 
conservation of African elephants.''.

SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS.

  (a) Conforming and Clerical Amendments.--The African Elephant 
Conservation Act is amended as follows:
          (1) Section 2101(a) (16 U.S.C. 4211(a)) is amended by 
        striking ``African Elephant Conservation''.
          (2) Section 2102 (16 U.S.C. 4212) is amended by striking the 
        section heading and all that follows through ``(d) Acceptance 
        and Use of Donations.--'' and inserting the following:

``SEC. 2102. ACCEPTANCE AND USE OF DONATIONS.''.

          (3) Section 2304 (16 U.S.C. 4243) is repealed.
          (4) Section 2305(4) (16 U.S.C. 4244(4)) is amended by 
        striking ``the African Elephant Conservation Fund established 
        by section 2102'' and inserting ``the account established by 
        division A, section 101(e), title I of Public Law 105-277 under 
        the heading `multinational species conservation fund' ''.
  (b) Technical Correction.--Title I of section 101(e) of division A of 
Public Law 105-277 (112 Stat. 2681-237) is amended under the heading 
``multinational species conservation fund'' by striking ``Rhinoceros 
and Tiger Conservation Act, subchapter I'' and inserting ``Rhinoceros 
and Tiger Conservation Act of 1994, part I''.

                          Purpose of the Bill

    The purpose of H.R. 643 is to reauthorize the African 
Elephant Conservation Act.

                  Background and Need for Legislation

    In the late 1980s, the population of African elephants 
declined by almost half. In 1979, the total elephant population 
in Africa was approximately 1.3 million animals. In 1987, fewer 
than 600,000 African elephants were alive. While drought, 
disease, and competition for land use arising from human 
population growth were threats to elephant populations, the 
poaching of elephants for their ivory tusks reached epidemic 
proportions in the 1980s and far overshadowed the other 
factors.
    The destruction of this flagship species was not confined 
to just a few countries, but was widespread throughout the 
African continent. In fact, there were only three southern 
African nations, Botswana, South Africa and Zimbabwe, that had 
stable elephant populations and effective conservation 
programs. The rest of the continent was fighting a losing 
battle against poachers who were selling illegally obtained 
elephant ivory at hugely inflated prices.
    As a nation, the United States consumed about 30 percent of 
the world's carved ivory production. Since most experts 
believed that nearly 80 percent of all ivory is poached, 
consumer purchases in the United States accounted for the 
deaths of some 27,000 elephants. With the population of African 
elephants declining by nearly nine percent a year, unless this 
slaughter was stopped, the African elephant would have been 
annihilated as a viable population, throughout much of its 
range, by the end of the 20th century.
    In response to this crisis, the Congress enacted the 
African Elephant Conservation Act of 1988 (Public Law 100-478). 
The major provisions of this law required an evaluation of the 
effectiveness of the elephant conservation programs; prohibited 
ivory imports from African countries unable to protect their 
elephants; required countries to stop selling illegal ivory; 
and established the African Elephant Conservation Fund.
    In 1992 and 1998, Congress renewed the authority of the 
Secretary of the Interior to spend money from the African 
Elephant Conservation Fund until September 30, 2002. By so 
doing, the Congress is able to appropriate up to $5 million a 
year to the African Elephant Conservation Fund to provide grant 
money for various conservation projects to assist this species.
    The fundamental purpose of H.R. 643 is to extend the 
authorization of appropriations for the African Elephant 
Conservation Fund until September 30, 2007. This will allow 
Congress to appropriate money to conserve African elephants and 
to fund additional projects. This fund has been the only 
continuous source of new money for elephant conservation in the 
world.
    Since its creation, Congress has appropriated more than 
$11.9 million to the African Elephant Conservation Fund. This 
money, which has generated an additional $51.7 million in 
private matching funds, was allocated by the U.S. Fish and 
Wildlife Service for some 113 conservation projects in 22 range 
states throughout Africa.
    These projects have been sponsored by a diverse group of 
conservation organizations. Money allocated from the African 
Elephant Conservation Fund has been used to: assess the impact 
of elephants on plant and habitat biodiversity; purchase anti-
poaching equipment for wildlife rangers; control elephant crop 
damage; create a comprehensive reference library on the African 
Elephant; undertake elephant population surveys; implement 
elephant conservation plans and move elephants from certain 
drought regions.
    The Committee strongly condemns the actions of poachers and 
miners in the Democratic Republic of the Congo who are 
systematically killing thousands of African elephants and 
endangered Eastern lowland gorillas. In their quest to obtain 
the highly prized mineral colombo tantalite, these miners have 
slaughtered thousands of wildlife for the illegal commercial 
bushmeat trade. In the Garamba National Park in the Congo, 
7,000 elephants have been poached since 1995. Unless immediate 
steps are taken, these two species will be eliminated from this 
critical habitat. The international community must not allow 
this monumental tragedy to continue in the future.

                            Committee Action

    H.R. 643 was introduced on February 14, 2001, by 
Congressman Wayne T. Gilchrest (R-MD). The bill was referred to 
the Committee on Resources, and within the Committee to the 
Subcommittee on Fisheries Conservation, Wildlife and Oceans. On 
March 15, 2001, the Subcommittee held a hearing on the bill. On 
March 29, 2001, the Subcommittee met to mark up the bill. 
Congressman Gilchrest offered an amendment in the nature of a 
substitute to allow for the establishment of an Advisory Panel 
to assist the Secretary of the Interior, to encourage the 
issuance of grants for long-term sustainable conservation of 
African elephants, and to clarify the amount of administrative 
expenses that may be spent on the program. The amendment was 
adopted by voice vote. The bill, as amended, was then ordered 
favorably reported to the Full Committee by voice vote. On May 
16, 2001, the full Resources Committee met to consider the 
bill. No further amendments were offered and the bill as 
amended was then ordered favorably reported to the House of 
Representatives by unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII 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 this bill.

                  Compliance With the House Rule XIII

    1. Cost of Legislation.--Clause 3(d)(2) 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 this bill. However, clause 3(d)(3)(B) 
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 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act.--As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives.--As required 
by clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to reauthorize appropriations for the 
African Elephant Conservation Act.
    4. Congressional Budget Office Cost Estimate.--Under clause 
3(c)(3) of rule XIII 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 this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 18, 2001.
Hon. James V. Hansen,
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. 643, the African 
Elephant Conservation Reauthorization Act of 2001.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 643--African Elephant Conservation Reauthorization Act of 2001

    Summary: H.R. 643 would reauthorize funding for projects 
carried out under the African Elephant Conservation Act. 
Specifically, the bill would authorize annual appropriations 
for such projects to the Multinational Species Conservation 
Fund through 2007 at the existing authorization level of up to 
$5 million annually. The current authorization expires after 
fiscal year 2002. The Secretary of the Interior uses this fund 
primarily to help finance research and conservation programs 
overseas.
    Assuming appropriation of the authorized amounts, CBO 
estimates that enacting H.R. 643 would result in additional 
discretionary spending of $18 million over the 2003-2006 
period. (An additional $7 million would be spent after 2006.) 
The legislation would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply. H.R. 643 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act (UMRA) and would 
not affect the budgets of state, local, or tribal governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 643 is shown in the following table. 
For purposes of this estimate, CBO assumes that the entire 
amounts authorized by the bill would be appropriated for each 
fiscal year. Outlay estimates are based on recent spending 
patterns for this program. The costs of this legislation fall 
within budget function 300 (natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                     -----------------------------------------------------------
                                                        2001      2002      2003      2004      2005      2006
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending under current law:
    Authorization level \1\.........................         1         5         0         0         0         0
    Estimated outlays...............................         3         3         2         0         0         0
Proposed changes:
    Estimated authorization level...................         0         0         5         5         5         5
    Estimated outlays...............................         0         0         3         5         5         5
Spending under H.R. 643:
    Estimated authorization level \1\...............         1         5         5         5         5         5
    Estimated outlays...............................         3         3         5         5         5         5
----------------------------------------------------------------------------------------------------------------
\1\ The 2001 level is the amount appropriated for that year for African elephant conservation. The 2002 level is
  the amount authorized under current law.

    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: H.R. 643 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect on the budgets of State, 
local, or tribal governments.
    Estimate prepared by: Federal costs: Deborah Reis; impact 
on State, local, and tribal governments: Marjorie Miller; 
impact on the private sector: Lauren Marks.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

AFRICAN ELEPHANT CONSERVATION ACT

           *       *       *       *       *       *       *



TITLE II--AFRICAN ELEPHANT CONSERVATION

           *       *       *       *       *       *       *


            PART I--AFRICAN ELEPHANT CONSERVATION ASSISTANCE

SEC. 2101. PROVISION OF ASSISTANCE.

  (a) In General.--The Secretary may provide financial 
assistance under this part from the [African Elephant 
Conservation] Fund for approved projects for research, 
conservation, management, or protection of African elephants.

           *       *       *       *       *       *       *

  (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 
that will enhance sustainable conservation programs to ensure 
effective long-term conservation of African elephants.
  [(e)] (f) Project Reporting.--Each entity that receives 
assistance under this section shall provide such periodic 
reports to the Director of the United States Fish and Wildlife 
Service as the Director considers relevant and appropriate. 
Each report shall include all information requested by the 
Director for evaluating the progress and success of the 
project.

[SEC. 2102. AFRICAN ELEPHANT CONSERVATION FUND.

  [(a) Establishment.--There is established in the general fund 
of the Treasury a separate account to be known as the ``African 
Elephant Conservation Fund'', which shall consist of amounts 
deposited into the Fund by the Secretary of the Treasury under 
subsection (b).
  [(b) Deposits Into Fund.--The Secretary of the Treasury shall 
deposit into the Fund--
          [(1) subject to appropriations, all amounts received 
        by the United States in the form of penalties under 
        section 2204 which are not used to pay rewards under 
        section 2205;
          [(2) amounts received by the Secretary of the 
        Interior in the form of donations under subsection (d); 
        and
          [(3) other amounts appropriated to the Fund to carry 
        out this part.
  [(c) Use.--
          [(1) In general.--Subject to paragraph (2), amounts 
        in the Fund may be used by the Secretary, without 
        further appropriation, to provide assistance under this 
        part.
          [(2) Administration.--Not more than three percent of 
        amounts appropriated to the Fund for a fiscal year may 
        be used by the Secretary to administer the Fund for 
        that fiscal year.
  [(d) Acceptance and Use of Donations.--]

SEC. 2102. ACCEPTANCE AND USE OF DONATIONS.

  The Secretary may accept and use donations of funds to 
provide assistance under this part. Amounts received by the 
Secretary in the form of such donations shall be transferred by 
the Secretary to the Secretary of the Treasury for deposit into 
the Fund.

           *       *       *       *       *       *       *


SEC. 2104. 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 African elephants.
  (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.

           *       *       *       *       *       *       *


PART III--MISCELLANEOUS

           *       *       *       *       *       *       *


[SEC. 2304. EFFECTIVENESS OF CITES.

  [Within 3 months after the completion of the 8th Conference 
of the Parties to CITES, the Secretary shall determine whether 
this title, together with the CITES Ivory Control System, has 
substantially stopped the importation of illegally harvested 
ivory into the United States. If the Secretary determines that 
the importation of illegally harvested ivory has not been 
substantially stopped, the Secretary shall recommend to the 
Congress amendments to thistitle or other actions that may be 
necessary to achieve the purposes of this title, including the 
establishment of a complete moratorium on the importation of elephant 
ivory into the United States.]

SEC. 2305. DEFINITIONS.

  In this title--
          (1) * * *

           *       *       *       *       *       *       *

          (4) the term ``Fund'' means [the African Elephant 
        Conservation Fund established by section 2102] the 
        account established by division A, section 101(e), 
        title I of Public Law 105-277 under the heading 
        ``multinational species conservation fund'';

           *       *       *       *       *       *       *


SEC. 2306. AUTHORIZATION OF APPROPRIATIONS.

  [There are authorized] (a) In General.--There is authorized 
to be appropriated to the Fund and to the Secretary a total of 
not to exceed $5,000,000 for each of fiscal years [1997, 1998, 
1999, 2000, 2001, and 2002] 2001, 2002, 2003, 2004, 2005, 2006, 
and 2007 to carry out this title, to remain available until 
expended.
  (b) Administrative Expenses.--Of amounts available each 
fiscal year to carry out this Act, the Secretary may expend not 
more than 3 percent or $80,000, whichever is greater, to pay 
the administrative expenses necessary to carry out this Act.
                              ----------                              


  DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  1999

DIVISION A--OMNIBUS CONSOLIDATED APPROPRIATIONS

           *       *       *       *       *       *       *


    Sec. 101. (a) * * *

           *       *       *       *       *       *       *

    (e) For programs, projects or activities in the Department 
of the Interior and Related Agencies Appropriations Act, 1999, 
provided as follows, to be effective as if it had been enacted 
into law as the regular appropriations Act:

  AN ACT Making appropriations for the Department of the Interior and 
related agencies for the fiscal year ending September 30, 1999, and for 
                            other purposes.

TITLE I--DEPARTMENT OF THE INTERIOR

           *       *       *       *       *       *       *


United States Fish and Wildlife Service

           *       *       *       *       *       *       *


                multinational species conservation fund

  For expenses necessary to carry out the African Elephant 
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 
4241-4245, and 1538), the Asian Elephant Conservation Act of 
1997 (Public Law 105-96), and the Rhinoceros and Tiger 
Conservation Act of 1994 (16 U.S.C. 5301-5306), $2,000,000, to 
remain available until expended: Provided, That unexpended 
balances of amounts previously appropriated to the African 
Elephant Conservation Fund, Rewards and Operations account, and 
Rhinoceros and Tiger Conservation Fund may be transferred to 
and merged with this appropriation: Provided further, That in 
fiscal year 1999 and thereafter, donations to provide 
assistance under section 5304 of the [Rhinoceros and Tiger 
Conservation Act, subchapter I] Rhinoceros and Tiger 
Conservation Act of 1994, part I of the African Elephant 
Conservation Act, and section 6 of the Asian Elephant 
Conservation Act of 1997 shall be deposited to this Fund and 
shall be available without further appropriation: Provided 
further, That in fiscal year 1999 and thereafter, all penalties 
received by the United States under 16 U.S.C. 4224 which are 
not used to pay rewards under 16 U.S.C. 4225 shall be deposited 
to this Fund to provide assistance under 16 U.S.C. 4211 and 
shall be available without further appropriation: Provided 
further, That in fiscal year 1999 and thereafter, not more than 
three percent of amounts appropriated to this Fund may be used 
by the Secretary of the Interior to administer the Fund.

           *       *       *       *       *       *       *


                                
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