[House Report 110-245]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-245

======================================================================
 
        ASIAN ELEPHANT CONSERVATION REAUTHORIZATION ACT OF 2007

                                _______
                                

 July 23, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 465]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 465) to reauthorize the Asian Elephant Conservation 
Act of 1997, 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 ``Asian Elephant Conservation 
Reauthorization Act of 2007''.

SEC. 2. REAUTHORIZATION AND AMENDMENT OF ASIAN ELEPHANT CONSERVATION 
                    ACT OF 1997.

  (a) Notice of Approval of Project Proposal.--Section 5(c)(2)(C) of 
the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4264(c)(2)(C)) 
is amended by striking ``, the Administrator, and each of those 
countries'' and inserting ``and the Administrator''.
  (b) Administrative Expenses.--Section 8(b) of the Asian Elephant 
Conservation Act of 1997 (16 U.S.C. 4266(b)) is amended by striking 
``$80,000'' and inserting ``$100,000''.
  (c) Authorization of Appropriations.--Section 8(a) of the Asian 
Elephant Conservation Act of 1997 (16 U.S.C. 4266(a)) is amended by 
striking ``2001, 2002, 2003, 2004, 2005, 2006, and 2007'' and inserting 
``2007 through 2012''.

                          Purpose of the Bill

    The purpose of H.R. 465, as ordered reported, is to 
reauthorize the Asian Elephant Conservation Act.

                  Background and Need for Legislation

    H.R. 465, Asian Elephant Conservation Act of 2007, would 
reauthorize through 2012 the Asian Elephant Conservation Act. 
Asian elephants are listed on Appendix I of the Convention on 
International Trade in Endangered Species of Wild Fauna and 
Flora (CITES) which prohibits any international trade of this 
endangered species. Some sub-populations of Asian elephant may 
be stable or recovering, but most remain extremely vulnerable 
in the wild. Fewer than 40,000 Asian elephants remain 
throughout the forests and savannahs of Asia. Unlike African 
elephants, Asian elephants are captured, tamed and utilized for 
timber harvest, forest clearing and agriculture. Approximately 
16,000 animals are in captive status. Populations remain under 
stress from habitat loss, human encroachment and poaching for 
illegal ivory and bushmeat, and a significant gender imbalance 
complicates recovery efforts.
    H.R. 465 would enable this popular international wildlife 
conservation program to continue to receive federal 
appropriations through 2012. The program provides matching 
grants to non-federal partners for conservation activities, 
including scientific research, habitat enhancement, law 
enforcement, monitoring and local community outreach and 
education benefitting Asian elephants and their habitat. Future 
survival in the wild of this keystone wildlife species remains 
tenuous within regions where these animals range. Despite 
achievements made under this program, the potential exists for 
current conservation efforts to collapse with the cessation of 
U.S. financial involvement. Since enactment in 1997, the Act 
has generated 298 grant proposals; 171 grants totaling 
$7,853,831 were subsequently approved. Federal funding has 
leveraged an additional $10,362,752 in non-federal matching and 
in-kind conservation contributions. The Fish and Wildlife 
Service has spent a cumulative $458,335 to administer the Act.

                            Committee Action

    H.R. 465 was introduced on January 12, 2007 by Congressman 
James Saxton (R-NJ). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Fisheries, Wildlife and Oceans. On March 13, 2007, the 
Subcommittee held a hearing on the bill and received favorable 
testimony from several witnesses, including the Administration. 
On March 22, 2007, the Subcommittee on Fisheries, Wildlife and 
Oceans met to mark up the bill. Congressman Saxton offered an 
amendment in the nature of a substitute to increase from 
$80,000 to $100,000 the amount authorized for the Fish and 
Wildlife Service to administer the program and additionally to 
clarify the Secretary of the Interior's notice requirements for 
approved grants under the Act. The amendment was adopted by 
voice vote. The bill was then forwarded to the Full Committee 
as amended by voice vote. On June 28, 2007, the Natural 
Resources Committee met to consider the committee print of the 
bill as forwarded by the Fisheries Subcommittee. No amendments 
were offered and the bill was ordered favorably reported to the 
House of Representatives by unanimous consent.

                      Section-by-Section Analysis


Section 1. Short title

    This section states that the bill may be cited as the 
``Asian Elephant Conservation Reauthorization Act of 2007.''

Section 2. Reauthorization and amendment of Asian Elephant Conservation 
        Act

    This section amends the African Elephant Conservation Act 
to revise notice requirements for grants approved by the 
Secretary to eliminate unnecessary notices to the countries in 
where the grant activity will be conducted. The section also 
would increase funding available to the U.S. Fish and Wildlife 
Service to administer the program from $80,000 to $100,000 per 
year. The section also reauthorizes the act through fiscal year 
2012 at existing funding levels of $5 million per year.

            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 Natural 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 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, as ordered reported, is to reauthorize 
the Asian 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:

H.R. 465--Asian Elephant Conservation Reauthorization Act of 2007

    Summary: H.R. 465 would reauthorize funding for projects 
carried out under the Asian Elephant Conservation Act of 1997. 
Specifically, the bill would authorize appropriations through 
2012 for such projects at the existing authorization level of 
$5 million per year. The current authorization expires after 
fiscal year 2007. The U.S. Fish and Wildlife Service (USFWS) 
uses this fund primarily to help finance research and 
conservation programs overseas.
    Assuming appropriation of the authorized amounts, CBO 
estimates that the USFWS would spend $23 million over the 2008-
2012 period carry out the program. (An additional $2 million 
would be spent after 2012.) The legislation would not affect 
direct spending or revenues.
    H.R. 465 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. 465 is shown in the following table. 
The cost of this legislation falls within budget function 300 
(natural resources and environment). For 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.

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2008     2009     2010     2011     2012
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATIONAuthorization Level................................................        5        5        5        5        5
Estimated Outlays..................................................        5        5        5        5        5
----------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: H.R. 465 
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 and David 
Reynolds; Impact on State, Local, and Tribal Governments: Leo 
Lex; Impact on the Private Sector: Justin Hall.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 465 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                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):

ASIAN ELEPHANT CONSERVATION ACT OF 1997

           *       *       *       *       *       *       *


SEC. 5. ASIAN ELEPHANT CONSERVATION ASSISTANCE.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Project Review and Approval.--
          (1) * * *
          (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) * * *

           *       *       *       *       *       *       *

                  (C) provide written notification of that 
                approval or disapproval to the person who 
                submitted the proposal[, the Administrator, and 
                each of those countries] and the Administrator.

           *       *       *       *       *       *       *


SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There is authorized to be appropriated to 
the Fund $5,000,000 for each of fiscal years [2001, 2002, 2003, 
2004, 2005, 2006, and 2007] 2007 through 2012 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] $100,000, whichever is 
greater, to pay the administrative expenses necessary to carry 
out this Act.

                                  
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