[Senate Report 110-212]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 323
110th Congress                                                   Report
                                 SENATE
 1st Session                                                    110-212

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



 
                ASIAN ELEPHANT CONSERVATION ACT OF 2007

                                _______
                                

                October 29, 2007.--Ordered to be printed

                                _______
                                

    Mrs. Boxer, from the Committee on Environment and Public Works, 
                        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 Environment and Public Works, to which was 
referred a bill (H.R. 465) to reauthorize the Asian Elephant 
Conservation Act of 1997, having considered the same reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                    General Statement and Background

    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. A significant gender imbalance 
complicates recovery efforts.
    H.R. 465 would enable this 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 benefiting Asian elephants and their habitat. Future 
survival in the wild of this keystone species remains tenuous. 
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.

                     Objectives of the Legislation

    H.R. 465 reauthorizes the Asian Elephant Conservation Act 
of 1997 by amending several provisions under current law and 
increasing and extending through fiscal year 2011 the 
authorization of appropriations to the Asian Elephant 
Conservation Fund.

                      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.

                          Legislative History

    On July 24, 2007, after favorable action by the House 
Committee on Natural Resources and the House of 
Representatives, the bill was received, read twice and referred 
to the Senate Committee on Environment and Public Works. The 
committee met on July 31, 2007, to consider the bill. H.R. 465 
was ordered to be reported without amendment favorably.

                                Hearings

    No committee hearings were held on H.R. 465.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider H.R. 465 on July 31, 2007. The bill was ordered 
favorably reported by voice vote. No roll call votes were 
taken.

                      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. 465 
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. 465 imposes 
no Federal intergovernmental mandates on State, local or tribal 
governments.

               Congressional Budget Office Cost Estimate

    Summary: H.R. 465 would authorize funding for projects 
carried out under the Asian Elephant Conservation Act of 1997. 
Specifically, the act 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. For 2007, about $1 million was 
appropriated to the fund for those purposes.
    Assuming appropriation of the authorized amounts, CBO 
estimates that the USFWS would spend $23 million over the 2008-
2012 period to carry out the program. (An additional $2 million 
would be spent after 2012.) Enacting 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 act 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 APPROPRIATION

Authorization Level...........................................         5         5         5         5         5
Estimated Outlays.............................................         3         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 the budgets of State, 
local, or tribal governments.
    Previous CBO estimate: On July 18, 2007, CBO transmitted a 
cost estimate for H.R. 465, the Asian Elephant Conservation 
Reauthorization Act of 2007, as ordered reported by the House 
Committee on Natural Resources on June 28, 2007. The two 
versions of the legislation are identical, as are the CBO cost 
estimates.
    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.

                        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. 5. ASIAN ELEPHANT CONSERVATION ASSISTANCE.

    (a) * * *

           *       *       *       *       *       *       *

    (c) Project Review and Approval.--
            (1) In general.--Within 30 days after receiving a 
        final project proposal, the Secretary shall provide a 
        copy of the proposal to the Administrator. The 
        Secretary shall review each final project proposal to 
        determine if it meets the criteria set forth in 
        subsection (d).
            (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) request written comments on the 
                proposal from each country within which the 
                project is to be conducted;
                    (B) after requesting those comments, 
                approve or disapprove the proposal; and
                    (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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