HR 1464 RFSSCommentsClose CommentsPermalink

May 21, 2008CommentsClose CommentsPermalink

Received; read twice and referred to the Committee on Environment and Public WorksCommentsClose CommentsPermalink

To assist in the conservation of rare felids and rare canids by supporting and providing financial resources for the conservation programs of nations within the range of rare felid and rare canid populations and projects of persons with demonstrated expertise in the conservation of rare felid and rare canid populations.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `‘Great Cats and Rare Canids Act of 2008'’. CommentsClose CommentsPermalink

SEC. 2. PURPOSES.

The purposes of this Act are to provide financial resources and to foster international cooperation-- CommentsClose CommentsPermalink





(1) to restore and perpetuate healthy populations of rare felids and rare canids in the wild; and CommentsClose CommentsPermalink





(2) to assist in the conservation of rare felid and rare canid populations worldwide. CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act: CommentsClose CommentsPermalink





(1) CITES- The term `CITES'‘CITES’ means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249), including its appendices. CommentsClose CommentsPermalink





(2) CONSERVATION- The term `conservation'‘conservation’-- CommentsClose CommentsPermalink





(A) means the methods and procedures necessary to bring a species of rare felid or rare canid to the point at which there are sufficient populations in the wild to ensure the long-term viability of the species; and CommentsClose CommentsPermalink





(B) includes all activities associated with protection and management of a rare felid or rare canid population, including-- CommentsClose CommentsPermalink





(i) maintenance, management, protection, and restoration of rare felid or rare canid habitat; CommentsClose CommentsPermalink





(ii) research and monitoring; CommentsClose CommentsPermalink





(iii) law enforcement; CommentsClose CommentsPermalink





(iv) community outreach and education; CommentsClose CommentsPermalink





(v) conflict resolution initiatives; and CommentsClose CommentsPermalink





(vi) strengthening the capacity of local communities, governmental agencies, nongovernmental organizations and other institutions to implement conservation programs. CommentsClose CommentsPermalink





(3) FUND- The term `Fund'‘Fund’ means the Great Cats and Rare Canids Conservation Fund established by section 5. CommentsClose CommentsPermalink





(4) IUCN RED LIST- The term `‘IUCN Red List'’ means the Red List of Threatened Species Maintained by the World Conservation Union. CommentsClose CommentsPermalink





(5) RARE CANID- The term `rare canid'‘rare canid’-- CommentsClose CommentsPermalink





(A) except as provided in subparagraph (B), means any of the canid species dhole (Cuon alpinus), gray wolf (Canis lupus), Ethiopian wolf (Canis simensis), bush dog (Speothos venaticus), African wild dog (Lycaon pictus), maned wolf (Chrysocyon brachyurus), and Darwin'’s fox, (Pseudalopex fulvipes), including any subspecies or population of such a species; and CommentsClose CommentsPermalink





(B) does not include any subspecies or population that is native to the area comprised of the United States and Canada or the European Union. CommentsClose CommentsPermalink





(6) RARE FELID- The term `rare felid'‘rare felid’-- CommentsClose CommentsPermalink





(A) except as provided in subparagraph (B), means any of the felid species lion (Panthera leo), leopard (Panthera pardus), jaguar (Panthera onca), snow leopard (Uncia uncia), clouded leopard (Neofelis nebulosa), cheetah (Acinonyx jubatus), Iberian lynx (Lynx pardina), and Borneo bay cat (Catopuma badia), including any subspecies or population of such a species; and CommentsClose CommentsPermalink





(B) does not include-- CommentsClose CommentsPermalink





(i) any species, subspecies, or population that is native to the United States; and CommentsClose CommentsPermalink





(ii) any tiger (Panthera tigris). CommentsClose CommentsPermalink





(7) SECRETARY- The term `Secretary'‘Secretary’ means the Secretary of the Interior. CommentsClose CommentsPermalink

SEC. 4. FINANCIAL ASSISTANCE.

(a) In General- Subject to the availability of funds and in consultation with other appropriate Federal officials, the Secretary shall use amounts in the Fund to provide financial assistance for projects for the conservation of rare felid and rare canids for which project proposals are approved by the Secretary in accordance with this section. CommentsClose CommentsPermalink





(b) Project Proposals- CommentsClose CommentsPermalink





(1) ELIGIBLE APPLICANTS- A proposal for a project for the conservation of rare felid and canids may be submitted to the Secretary by-- CommentsClose CommentsPermalink





(A) any wildlife management authority of a country that has within its boundaries any part of the range of a rare felid or rare canid species, respectively; and CommentsClose CommentsPermalink





(B) any person or group with the demonstrated expertise required for the conservation in the wild of rare felids or rare canids, respectively. CommentsClose CommentsPermalink





(2) PROJECT PROPOSALS- To be considered for financial assistance for a project under this Act, an applicant shall submit a project proposal that includes-- CommentsClose CommentsPermalink





(A) a concise statement of the purposes of the project; CommentsClose CommentsPermalink





(B) the name of the individual responsible for conducting the project; CommentsClose CommentsPermalink





(C) a description of the qualifications of the individuals who will conduct the project; CommentsClose CommentsPermalink





(D) a concise description of-- CommentsClose CommentsPermalink





(i) methods for project implementation and outcome assessment; CommentsClose CommentsPermalink





(ii) staffing for the project; CommentsClose CommentsPermalink





(iii) the logistics of the project; and CommentsClose CommentsPermalink





(iv) community involvement in the project; CommentsClose CommentsPermalink





(E) an estimate of funds and time required to complete the project; CommentsClose CommentsPermalink





(F) evidence of support for the project by appropriate governmental entities of the countries in which the project will be conducted, if the Secretary determines that such support is required for the success of the project; CommentsClose CommentsPermalink





(G) information regarding the source and amount of matching funding available for the project; and CommentsClose CommentsPermalink





(H) any other information that the Secretary considers to be necessary for evaluating the eligibility of the project for funding under this Act. CommentsClose CommentsPermalink





(c) Project Review and Approval- CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall-- CommentsClose CommentsPermalink





(A) not later than 30 days after receiving a project proposal, provide a copy of the proposal to the appropriate Federal officials; and CommentsClose CommentsPermalink





(B) review each project proposal in a timely manner to determine if the proposal meets the criteria specified in subsection (d). CommentsClose CommentsPermalink





(2) CONSULTATION; APPROVAL OR DISAPPROVAL- Not later than 180 days after receiving a project proposal, and subject to the availability of funds, the Secretary, after consulting with other appropriate Federal officials, shall-- CommentsClose CommentsPermalink





(A) ensure the proposal contains assurances that the project will be implemented in consultation with relevant wildlife management authorities and other appropriate government officials with jurisdiction over the resources addressed by the project; CommentsClose CommentsPermalink





(B) approve or disapprove the proposal; and CommentsClose CommentsPermalink





(C) provide written notification of the approval or disapproval to the person who submitted the proposal, other appropriate Federal officials, and each country within whose borders the project will take place. CommentsClose CommentsPermalink





(d) Criteria for Approval- The Secretary may approve a project proposal under this section if the project will contribute to conservation of rare felids or rare canids in the wild by assisting efforts to-- CommentsClose CommentsPermalink





(1) implement conservation programs; CommentsClose CommentsPermalink





(2) address the conflicts between humans and rare felids or rare canids, respectively, that arise from competition for the same habitat or resources; CommentsClose CommentsPermalink





(3) enhance compliance with CITES, the Endangered Species Act of 1973, and other applicable laws that prohibit or regulate the taking or trade of rare felids and rare canids or regulate the use and management of rare felid and rare canid habitat; CommentsClose CommentsPermalink





(4) develop sound scientific information on, or methods for monitoring-- CommentsClose CommentsPermalink





(A) the condition and health of rare felid or rare canid habitat; CommentsClose CommentsPermalink





(B) rare felid or rare canid population numbers and trends; and CommentsClose CommentsPermalink





(C) the ecological characteristics and requirements of populations of rare felids or rare canids for which there are little or no data; CommentsClose CommentsPermalink





(5) promote cooperative projects among government entities, affected local communities, nongovernmental organizations, and other persons in the private sector; or CommentsClose CommentsPermalink





(6) funds will not be appropriated for the purchase or lease of lands to be used as suitable habitat for felids or canids. CommentsClose CommentsPermalink





(e) Project Sustainability- In approving project proposals under this section, the Secretary shall give preference to conservation projects that are designed to ensure effective, long-term conservation of rare felids and rare canids and their habitats. CommentsClose CommentsPermalink





(f) Matching Funds- In determining whether to approve project proposals under this section, the Secretary shall give preference to projects for which there exists some measure of matching funds. CommentsClose CommentsPermalink





(g) Project Reporting- CommentsClose CommentsPermalink





(1) IN GENERAL- Each person that receives assistance under this section for a project shall submit to the Secretary periodic reports (at such intervals as the Secretary considers necessary) that include all information that the Secretary, after consultation with other appropriate government officials, determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements. CommentsClose CommentsPermalink





(2) AVAILABILITY TO THE PUBLIC- Reports under paragraph (1), and any other documents relating to projects for which financial assistance is provided under this Act, shall be made available to the public. CommentsClose CommentsPermalink





(h) Limitations on Use for Captive Breeding or Display- Amounts provided as a grant under this Act-- CommentsClose CommentsPermalink





(1) may not be used for captive breeding or display of rare felids and rare canids other than captive breeding for release into the wild; and CommentsClose CommentsPermalink





(2) may be used for captive breeding of a species for release into the wild only if no other conservation method for the species is biologically feasible. CommentsClose CommentsPermalink





(i) Advisory Group- CommentsClose CommentsPermalink





(1) 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 felids and canids. CommentsClose CommentsPermalink





(2) PUBLIC PARTICIPATION- CommentsClose CommentsPermalink





(A) MEETINGS- The advisory group shall-- CommentsClose CommentsPermalink





(i) ensure that each meeting of the advisory group is open to the public; and CommentsClose CommentsPermalink





(ii) provide, at each meeting, an opportunity for interested persons to present oral or written statements concerning items on the agenda. CommentsClose CommentsPermalink





(B) NOTICE- The Secretary shall provide to the public timely notice of each meeting of the advisory group, including the meeting agenda. CommentsClose CommentsPermalink





(C) MINUTES- Minutes of each meeting of the advisory group shall be kept by the Secretary and shall be made available to the public. CommentsClose CommentsPermalink





(3) EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory group. CommentsClose CommentsPermalink

SEC. 5. GREAT CATS AND RARE CANIDS CONSERVATION FUND.

(a) Establishment- There is established, in the Multinational Species Conservation Fund established in title I of the Department of the Interior and Related Agencies Appropriations Act, 1999 under the heading `‘MULTINATIONAL SPECIES CONSERVATION FUND'’, a separate account to be known as the `‘Great Cats and Rare Canids Conservation Fund'’, consisting of-- CommentsClose CommentsPermalink





(1) amounts transferred to the Secretary of the Treasury for deposit into such account under subsection (c); and CommentsClose CommentsPermalink





(2) amounts appropriated to such account under section 78. CommentsClose CommentsPermalink





(b) Expenditures From Fund- CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to paragraph (2), upon request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to provide assistance under section 4. CommentsClose CommentsPermalink





(2) ADMINISTRATIVE EXPENSES- Of the amounts in the Fund available for each fiscal year, the Secretary may expend not more than three percent, or up to $100,000, whichever is greater, to pay the administrative expenses necessary to carry out this Act. CommentsClose CommentsPermalink





(c) Acceptance and Use of Donations- The Secretary may accept and use donations to provide assistance under section 4, and may make public on the Internet website and in publications of the Department of the Interior that the Secretary is authorized to accept and use such donations. Amounts received by the Secretary in the form of such donations shall be transferred to the Secretary of the Treasury for deposit into the Fund. CommentsClose CommentsPermalink

SEC. 6. STUDY OF CONSERVATION STATUS OF FELID AND CANID SPECIES.

(a) In General- The Secretary shall initiate within three months after the date of the enactment of this Act a study of felid and canid species listed under the IUCN Red List that are not rare canids and rare felids (as those terms are defined in section 3), respectively, to determine-- CommentsClose CommentsPermalink





(1) the conservation status of such species in the wild, including identification of any such species that are critically endangered or endangered; and CommentsClose CommentsPermalink





(2) any such species that should be made eligible for assistance under this Act. CommentsClose CommentsPermalink





(b) Report- Not later than two2 years after date of the enactment of this Act the Secretary shall report to the Congress the determinations made in the study, including recommendations of additional felid species and canid species that should be made eligible for assistance under this Act. CommentsClose CommentsPermalink

SEC. 7. INELIGIBLE COUNTRIES.

SEC. 8. AUTHORIZATION ORF APPROPRIATIONS.

There are authorized to be appropriated-- CommentsClose CommentsPermalink





(1) to the Fund, $5,000,000 for each of fiscal years 2009 through 2013 to carry out this Act, other than section 6; and CommentsClose CommentsPermalink





(2) such sums as are necessary to carry out section 6. CommentsClose CommentsPermalink

SEC. 8. INELIGIBLE COUNTRIES. Amounts provided as a grant under this Act may not be spent on projects in Iran, Syria, Cuba, Sudan, and North Korea. Passed the House of Representatives May 20, 2008. Attest: LORRAINE C. MILLER, Clerk. Calendar No. 1068 CommentsClose CommentsPermalink