[Senate Report 107-113]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 266
107th Congress                                                   Report
                                 SENATE
 1st Session                                                    107-113

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



 
        ASIAN ELEPHANT CONSERVATION REAUTHORIZATION ACT OF 2001

                                _______
                                

                December 7, 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. 700]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (H.R. 700) to reauthorize the Asian Elephant 
Conservation Act of 1997, having considered the same reports 
favorably thereon with an amendment and recommends that the 
bill, as amended, do pass.

                    General Statement and Background

    The population of Asian elephants living in the wild has 
dramatically fallen to about 40,000 animals. 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; and the smallest 
population of 40 animals is located in Nepal. What is equally 
distressing is that there are only about 14 populations of 
1,000 or more individual elephants in a contiguous area. Seven 
of these populations are found in Burma and India. 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.
    The Asian elephant is protected under our Endangered 
Species Act, and is also listed on the Red List of Mammals by 
the IUCN-World Conservation Union and on Appendix I of the 
Convention on International Trade in Endangered Species of Wild 
Fauna and Flora. Under Appendix I, all commercial international 
trade in Asian elephant products are prohibited.
    In response to this crisis, Congress enacted the Asian 
Elephant Conservation Act of 1997. The law created the Asian 
Elephant Conservation Fund. The Fund, modeled after the African 
Elephant and Rhino and Tiger Conservation Funds, authorized an 
appropriation of up to $5 million per year until September 30, 
2002. The fund provides financial support for on-the-ground 
conservation projects throughout Asia to help protect the Asian 
elephant.
    Congress has appropriated $1.9 million to the Asian 
Elephant Fund since its enactment into law. This money, which 
has generated an additional $1.8 million in private matching 
funds, was allocated by the U.S. Fish and Wildlife Service for 
46 conservation grants in 12 different range countries. The 
type of projects funded include: construction of anti-poaching 
camps; equipping protected area field staff in India; promotion 
of elephant conservation in Asia; resettlement of elephants; 
school education to support Asian elephant conservation; and a 
study of the mobility patterns, population dynamics and feeding 
patterns of elephants.

                     Objectives of the Legislation

    The fundamental purpose of H.R. 700 is to extend the 
authorization of appropriations for the Asian Elephant 
Conservation Act through 2007. In addition, H.R. 700 allows the 
Secretary to establish 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 ``Asian Elephant Conservation 
Reauthorization Act of 2001''.
Section 2. Reauthorization of the Asian Elephant Conservation Act of 
        1997
    Section 2 amends Section 7 of the Asian Elephant 
Conservation Act to extend the authorization of the Act through 
September 30, 2007.
Section 3. Limitation on Administrative Expenses
    Section 3 amends Section 7 of the Asian Elephant 
Conservation Act limiting the amount of money the Secretary may 
expend on administrative expense 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 the Asian Elephant Conservation Act by 
adding Section 7 authorizing the Secretary to convene an 
advisory group of individuals representing public and private 
organizations actively involved in the conservation of Asian 
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 African 
Elephant Conservation Fund Act.
Section 5. Technical and Conforming Amendments
    Subsection (a) makes conforming amendments to Sections 4(3) 
and 6 of the Asian Elephant Conservation Act.
    Subsection (b) makes a technical correction to Title I of 
section 101 (e) of division A of Public Law 105-277.
Section 6. Authorization of Appropriations for National Fish and 
        Wildlife Foundation
    Section 6 amends section 10(a)(1) of the National Fish and 
Wildlife Foundation Establishment Act by extending the 
authorization from 2003 to 2005 and increasing the 
authorization from $20,000,000 to $25,000,000.
    The National Fish and Wildlife Foundation is a federally 
chartered, charitable, nonprofit corporation established to 
accept and administer gifts from private citizens for fish, 
wildlife and plant conservation. The Foundation develops 
private sector support for selected programs and activities of 
the U. S. Fish and Wildlife Service and the National Oceanic 
and Atmospheric Administration (NOAA) that traditionally have 
not been adequately funded through annual appropriations. The 
Foundation awards grants in five major categories: conservation 
education, wetlands and private lands, neotropical migratory 
bird conservation, fisheries conservation and management, and 
wildlife and habitat management.
    The legislation establishing the Foundation was 
reauthorized during the 106th Congress. During the drafting 
process, the authorized level of appropriations was 
inadvertently changed from $25 million to $20 million. This 
section corrects that error by increasing the authorization to 
$25 million.
    It also extends the authorization from 2003 to 2005. The 
Senate Committee on Environment and Public Works and the House 
Committee on Resources agree that the authorization should be 
extended to 2005 and the authorization level increased to $25 
million.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider H.R. 700 on November 8, 2001. The committee agreed to 
an amendment by Senator Jeffords by voice vote and agreed to 
H.R. 700, as amended, 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. 700 
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. 700 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, December 6, 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. 700, the Asian 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. 700, Asian 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. 700 would reauthorize, through fiscal year 2007, 
appropriations for project to conserve Asian elephants at the 
existing authorization level of $5 million annually. (The 
current authorization expires after fiscal year 2002.) Section 
6 woul extend the authorization of appropriations for federal 
payments to the U.S. Fish and Wildlife Foundation from 2003 
through 2005. Thi section also would increase the annual 
authorization level for payments made to the Foundation by the 
U.S. Fish and Wildlife Service (USFWS) by $5 million for each 
of fiscal years 2002 through 2005. Under existing law, a total 
of $25 million is authorized for such payments for fiscal year 
2003--$20 million from the USFWS and $5 million from the 
National Oceanic and Atmospheric Administration (NOAA).
    Assuming appropriation of the authorized amounts by H.R. 
700, CBO estimates that the USFWS and NOAA would spend a total 
of $38 million to fund ongoing Asian elephant conservation 
projects and Foundation activities over the 2002-2006 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. 700 
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. 700 is shown in the 
following table. For this estimate, CBO assumes that the entire 
amounts authorized by the Act would be appropriated for each 
fiscal year. We assume that payments to the National Fish and 
Wildlife Foundation will continue to be made by the USFWS and 
NOAA in the same year that the funds are appropriated. Outlay 
estimates for Asian elephant conservation grants are based on 
recent spending patterns for that program. The cost of this 
legislation falls 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\1\.........      10      25       0       0       0
    Estimated Outlays...........      10      25       0       0       0

Proposed Changes:...............
    Estimated Authorization            5      10      35      35       5
     Level......................
    Estimated Outlays...........       5       8      35      35       5

Spending Under H.R. 700:........
    Estimated Authorization           15      35      35      35       5
     Level\1\...................
    Estimated Outlays...........      15      33      35      35       5
------------------------------------------------------------------------
\1\ The 2002 level is the amount appropriated thus far for that year for
  Asian elephant conservation ($1 million) and for the U.S. Fish and
  Wildlife Foundation ($9.2 million). The 2003 level is the amount
  authorized to be appropriated for payments to the foundation under
  current law.

Pay-As-You-Go Considerations: None.
Intergovernmental and Private-Sector Impact
    H.R. 700 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. 700 
as ordered reported by the House Committee on Resources on May 
16, 2001. Our estimate of spending for projects to conserve 
Asian elephants is the same under both versions of H.R. 700. 
The version approved by the Senate Committee on Environment and 
Public Works also would authorize appropriations for grants to 
the U.S. Fish and Wildlife Foundation, increasing the estimated 
cost of the legislation by $70 million through 2005.
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:

                ASIAN ELEPHANT CONSERVATION ACT OF 1997

           *       *       *       *       *       *       *


SEC. 4. DEFINITIONS.

    In this Act:
            (1) * * *

           *       *       *       *       *       *       *

            (3) The term ``Fund'' means the [Asian Elephant 
        Conservation Fund established under section 6(a)] the 
        account established by division A, section 101(e), 
        title I of Public Law 105 277 under the heading 
        ``multinational species conservation fund''.

           *       *       *       *       *       *       *


[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.--]

SEC. 6. 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. 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 Asian 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. [7.] 8. AUTHORIZATION OF APPROPRIATIONS.

    [There are authorized] (a) In General._There is authorized 
to be appropriated to the Fund $5,000,000 for each of fiscal 
years [1998, 1999, 2000, 2001, and 2002] 2001, 2002, 2003, 
2004, 2005, 2006, and 2007 to carry out this Act, which may 
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 of 1994, part I of the African Elephant 
Conservation Act, and section 6 of the Asian Elephant 
Conservation Act of 1997] section 5 of the Rhinoceros and Tiger 
Conservation Act of 1994 (16 U.S.C. 4211 et seq.), and section 
5 of the Asian Elephant Conservation Act of 1997 (16. U.S.C. 
4264) 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] section 2204 of the African 
Elephant Conservation Act (16 U.S.C. 4224) which are not used 
to pay rewards under [16 U.S.C. 4225] section 2205 of the 
African Elephant Conservation Act (16 U.S.C. 4225) shall be 
deposited to this Fund to provide assistance under [16 U.S.C. 
4211] section 2201 of the African Elephant Conservation Act (16 
U.S.C. 4221) 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.

           *       *       *       *       *       *       *


        NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT

            [As amended through P.L. 106-580, Dec. 29, 2000]

AN ACT to establish and National Fish and Wildife Foundation.

           *       *       *       *       *       *       *


SEC. 1. SHORT TITLE.

           *       *       *       *       *       *       *


SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.----
            (1) In General.--There are to be authorized to be 
        appropriated to carry out this Act for each of fiscal 
        years 2001 through [2003] 2005----
                    (A) [$20,000,000] $25,000,000 to the 
                Department of the Interior; and
                    (B) $5,000,000 to the Department of 
                Commerce.

           *       *       *       *       *       *       *


                                  
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