[Senate Report 107-104]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 250
107th Congress                                                   Report
                                 SENATE
 1st Session                                                    107-104

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



 
       AFRICAN ELEPHANT CONSERVATION REAUTHORIZATION ACT OF 2001

                                _______
                                

               November 30, 2001.--Ordered to be printed

                                _______
                                

   Mr. Jeffords, from the Committee on Environment and Public Works, 
                        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 Environment and Public Works, to which was 
referred a bill (H.R. 643) to reauthorize the African Elephant 
Conservation Act, having considered the same, reports favorably 
thereon and recommends that the bill do pass.
General Statement and Background
    In the late 1980's, 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 1980's 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 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 9 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. The 
African Elephant Conservation Fund was established to provide 
financial support for on-the-ground elephant conservation 
efforts throughout range states in Africa.
    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. The 
Congress is authorized 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.
    Since its creation, Congress has appropriated more than $11 
million to the African Elephant Conservation Fund. This money, 
which has generated an additional $53.6 million in private 
matching funds, has been allocated by the U.S. Fish and 
Wildlife Service for 134 conservation projects in 24 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.

                     Objectives of the Legislation

    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. In addition, H.R. 643 allows the Secretary of the 
Interior to convene an advisory group to assist in carrying out 
the Act.

                      Section-by-Section Analysis

Section 1. Short Title
    This Act may be cited as the ``African Elephant 
Conservation Reauthorization Act of 2001''.
Section 2. Reauthorization of African Elephant Conservation Act
    Section 2 amends section 2306 of the African Elephant 
Conservation Act to extend the authorization of the Act through 
2007.
Section 3. Administrative Expenses
    Section 3 amends Section 2306 of the African Elephant 
Conservation Act limiting the amount of money the Secretary may 
expend on administrative expenses to carry out the Act. Not 
more than 3 percent or $80,000, whichever is greater, may be 
expended from the amounts available in each fiscal year.
Section 4. Cooperation
    Section 4 amends Part I of the African Elephant 
Conservation Act by adding Section 2104 authorizing the 
Secretary to convene an advisory group of individuals 
representing public and private organizations actively involved 
in the conservation of African elephants. The Secretary shall 
provide public notice of each meeting of the advisory group. 
The meetings shall be open to the public and the minutes of the 
meetings shall be made available to the public. The Federal 
Advisory Committee Act shall not apply to the advisory group 
authorized under this section.
    The creation of a new advisory group will help increase 
public involvement and Federal and private partnerships. Also, 
it will provide consistency with the Great Ape Conservation Act 
and Neotropical Migratory Bird Conservation Act, both of which 
were enacted during the 106th Congress and are administered 
under the Multinational Species Conservation Fund, along with 
the Rhinoceros and Tiger Conservation Act and the Asian 
Elephant Conservation Act.
Section 5. Project Sustainability
    Section 5 amends Section 2101 of the African Elephant 
Conservation Act to direct the Secretary to give consideration 
to projects that will enhance sustainable conservation programs 
to ensure effective long-term conservation of African elephants 
when determining whether to approve project proposals. This 
priority will help balance the need for projects that directly 
benefit the species with projects directed at ensuring the 
long-term conservation of the species through local capacity 
building and institutional development.
Section 6. Technical and Conforming Amendments
    Subsection (a) of Section 6 conforming and clerical changes 
to Sections 2101, 2102, 2304, and 2305(4) of the African 
Elephant Conservation Act.
    Subsection (b) makes a technical correction to Title I of 
section 101(e) of division A of Public Law 105-277.

                          Legislative History

    The bill was referred to the Committee on Environment and 
Public Works on June 13, 2001. No hearings were held on the 
bill. On November 8, 2001, the Committee on Environment and 
Public Works met to consider H.R. 643, and agreed to report the 
bill by voice vote.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that H.R. 643 
does not create any additional regulatory burdens, nor will it 
cause 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 H.R. 643 would 
impose no unfunded mandates on State, local, or tribal 
governments.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:
                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 20, 2001.

Hon. James Jeffords, Chairman,
Committee on Environment and Public Works,
U.S. Senate, 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, 
who can be reached at 226-2860.
            Sincerely,
                                            Dan L. Crippen.
                              ----------                              


               Congressional Budget Office Cost Estimate

H.R. 643, African Elephant Conservation Reauthorization Act of 2001, As 
        ordered reported by the Senate Committee on Environment and 
        Public Works on November 8, 2001

                                Summary

    H.R. 643 would reauthorize funding for projects carried out 
under the African Elephant Conservation Act. Specifically, the 
act 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 implementing H.R. 643 would cost $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 act will 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
------------------------------------------------------------------------
                                   2002    2003    2004    2005    2006
------------------------------------------------------------------------
       SPENDING SUBJECT TO
          APPROPRIATION
Spending Under Current Law:.....
    Budget Authority............       5       0       0       0       0
    Estimated Outlays...........       1       0       0       0       0

Proposed Changes................
    Estimated Authorization            0       5       5       5       5
     Level......................
    Estimated Outlays...........       0       3       5       5       5

Spending Under H.R. 643.........
    Estimated Authorization            5       5       5       5       5
     Level\1\...................
    Estimated Outlays...........       1       3       5       5       5
------------------------------------------------------------------------
\1\ The 2002 level is the amount appropriated for African elephant
  conservation.

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.
Previous CBO Estimate
    On May 18, 2001, CBO prepared a cost estimate for H.R. 643 
as ordered reported by the House Committee on Resources on May 
16, 2001. The two versions of the legislation are identical, as 
are the estimated costs.
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.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, 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 3 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 this title 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 
3 percent of amounts appropriated to this Fund may be used by 
the Secretary of the Interior to administer the Fund.

           *       *       *       *       *       *       *