[105th Congress Public Law 96]
[From the U.S. Government Printing Office]
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[DOCID: f:publ96.105]
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ASIAN ELEPHANT CONSERVATION
ACT OF 1997
[[Page 111 STAT. 2150]]
Public Law 105-96
105th Congress
An Act
To assist in the conservation of Asian elephants by supporting and
providing financial resources for the conservation programs of nations
within the range of Asian elephants and projects of persons with
demonstrated expertise in the conservation of Asian elephants. <<NOTE:
Nov. 19, 1997 - [H.R. 1787]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Asian Elephant Conservation
Act of 1997.>> assembled,
SECTION 1. SHORT TITLE. <<NOTE: 16 USC 4261 note.>>
This Act may be cited as the ``Asian Elephant Conservation Act of
1997''.
SEC. 2. FINDINGS. <<NOTE: 16 USC 4261.>>
The Congress finds the following:
(1) Asian elephant populations in nations within the range
of Asian elephants have continued to decline to the point that
the long-term survival of the species in the wild is in serious
jeopardy.
(2) The Asian elephant is listed as an endangered species
under section 4 of the Endangered Species Act of 1973 and under
appendix I of the Convention on International Trade of
Endangered Species of Wild Fauna and Flora.
(3) Because the challenges facing the conservation of Asian
elephants are so great, resources to date have not been
sufficient to cope with the continued loss of habitat and the
consequent diminution of Asian elephant populations.
(4) The Asian elephant is a flagship species for the
conservation of tropical forest habitats in which it is found
and provides the consequent benefit from such conservation to
numerous other species of wildlife including many other
endangered species.
(5) Among the threats to the Asian elephant in addition to
habitat loss are population fragmentation, human-elephant
conflict, poaching for ivory, meat, hide, bones and teeth, and
capture for domestication.
(6) To reduce, remove, or otherwise effectively address
these threats to the long-term viability of populations of Asian
elephants in the wild will require the joint commitment and
effort of nations within the range of Asian elephants, the
United States and other countries, and the private sector.
SEC. 3. PURPOSES. <<NOTE: 16 USC 4262.>>
The purposes of this Act are the following:
(1) To perpetuate healthy populations of Asian elephants.
[[Page 111 STAT. 2151]]
(2) To assist in the conservation and protection of Asian
elephants by supporting the conservation programs of Asian
elephant range states and the CITES Secretariat.
(3) To provide financial resources for those programs.
SEC. 4. DEFINITIONS. <<NOTE: 16 USC 4263.>>
In this Act:
(1) The term ``CITES'' means the Convention on International
Trade in Endangered Species of Wild Fauna and Flora, signed on
March 3, 1973, and its appendices.
(2) The term ``conservation'' means the use of methods and
procedures necessary to bring Asian elephants to the point at
which there are sufficient populations in the wild to ensure
that the species does not become extinct, including all
activities associated with scientific resource management, such
as conservation, protection, restoration, acquisition, and
management of habitat; research and monitoring of known
populations; assistance in the development of management plans
for managed elephant ranges; CITES enforcement; law enforcement
through community participation; translocation of elephants;
conflict resolution initiatives; and community outreach and
education.
(3) The term ``Fund'' means the Asian Elephant Conservation
Fund established under section 6(a).
(4) The term ``Secretary'' means the Secretary of the
Interior.
(5) The term ``Administrator'' means the Administrator of
the Agency for International Development.
SEC. 5. ASIAN ELEPHANT CONSERVATION ASSISTANCE. <<NOTE: 16 USC 4264.>>
(a) In General.--The Secretary, subject to the availability of funds
and in consultation with the Administrator, shall use amounts in the
Fund to provide financial assistance for projects for the conservation
of Asian elephants for which final project proposals are approved by the
Secretary in accordance with this section.
(b) Project Proposal.--Any relevant wildlife management authority of
a nation within the range of Asian elephants whose activities directly
or indirectly affect Asian elephant populations, the CITES Secretariat,
or any person with demonstrated expertise in the conservation of Asian
elephants, may submit to the Secretary a project proposal under this
section. Each proposal shall include the following:
(1) The name of the individual responsible for conducting
the project.
(2) A succinct statement of the purposes of the project.
(3) A description of the qualifications of the individuals
who will conduct the project.
(4) An estimate of the funds and time required to complete
the project.
(5) Evidence of support of the project by appropriate
governmental entities of countries in which the project will be
conducted, if the Secretary determines that the support is
required for the success of the project.
(6) Information regarding the source and amount of matching
funding available to the applicant.
[[Page 111 STAT. 2152]]
(7) Any other information the Secretary considers to be
necessary for evaluating the eligibility of the project for
funding under this Act.
(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.
(d) Criteria for Approval.--The Secretary may approve a final
project proposal under this section if the project will enhance programs
for conservation of Asian elephants by assisting efforts to--
(1) implement conservation programs;
(2) address the conflicts between humans and elephants that
arise from competition for the same habitat;
(3) enhance compliance with provisions of CITES and laws of
the United States or a foreign country that prohibit or regulate
the taking or trade of Asian elephants or regulate the use and
management of Asian elephant habitat;
(4) develop sound scientific information on the condition of
Asian elephant habitat, Asian elephant population numbers and
trends, or the threats to such habitat, numbers, or trends; or
(5) promote cooperative projects on those topics with other
foreign governments, affected local communities, nongovernmental
organizations, or others in the private sector.
(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 which will enhance
sustainable integrated conservation development programs to ensure
effective, long-term conservation of Asian elephants.
(f) Project Reporting.--Each person who receives assistance under
this section for a project shall provide periodic reports, as the
Secretary considers necessary, to the Secretary and the Administrator.
Each report shall include all information required by the Secretary,
after consulting with the Administrator, for evaluating the progress and
success of the project.
(g) Matching Funds.--In determining whether to approve project
proposals under this section, the Secretary shall give priority to those
projects for which there exists some measure of matching funds.
(h) Limitation on Use for Captive Breeding.--Amounts provided as a
grant under this Act may not be used for captive breeding of Asian
elephants other than for release in the wild.
[[Page 111 STAT. 2153]]
SEC. 6. ASIAN ELEPHANT CONSERVATION FUND. <<NOTE: 16 USC 4265.>>
(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.--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. AUTHORIZATION OF APPROPRIATIONS. <<NOTE: 16 USC 4266.>>
There are authorized to be appropriated to the Fund $5,000,000 for
each of fiscal years 1998, 1999, 2000, 2001, and 2002 to carry out this
Act, which may remain available until expended.
Approved November 19, 1997.
LEGISLATIVE HISTORY--H.R. 1787 (S. 1287):
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HOUSE REPORTS: No. 105-266, Pt. 1 (Comm. on Resources).
SENATE REPORTS: No. 105-142 accompanying S. 1287 (Comm. on Environment
and Public Works).
CONGRESSIONAL RECORD, Vol. 143 (1997):
Oct. 21, considered and passed House.
Nov. 8, considered and passed Senate.
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