S 197 ISCommentsClose CommentsPermalink

To assist in the conservation of cranes by supporting and providing, through projects of persons and organizations with expertise in crane conservation, financial resources for the conservation programs of countries the activities of which directly or indirectly affect cranes and the ecosystems of cranes.CommentsClose CommentsPermalink

January 9, 2009CommentsClose CommentsPermalink

Mr. FEINGOLD (for himself, Mr. CRAPO, Mrs. BOXER, Mr. CARDIN, Mr. BROWNBACK, Mr. KERRY, Mr. KOHL, and Ms. LANDRIEU) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksCommentsClose CommentsPermalink

To assist in the conservation of cranes by supporting and providing, through projects of persons and organizations with expertise in crane conservation, financial resources for the conservation programs of countries the activities of which directly or indirectly affect cranes and the ecosystems of cranes.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 ‘Crane Conservation Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. PURPOSES.

The purposes of this Act are--CommentsClose CommentsPermalink





(1) to perpetuate healthy populations of cranes;CommentsClose CommentsPermalink





(2) to assist in the conservation and protection of cranes by supporting--CommentsClose CommentsPermalink





(A) conservation programs in countries in which endangered and threatened cranes occur; andCommentsClose CommentsPermalink





(B) the efforts of private organizations committed to helping cranes; andCommentsClose CommentsPermalink





(3) to provide financial resources for those programs and efforts.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) CONSERVATION-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘conservation’ means the use of any method or procedure to improve the viability of crane populations and the quality of the ecosystems and habitats on which the crane populations depend to help the species achieve sufficient populations in the wild to ensure the long-term viability of the species.CommentsClose CommentsPermalink





(B) INCLUSIONS- The term ‘conservation’ includes the carrying out of any activity associated with scientific resource management, such as--CommentsClose CommentsPermalink





(i) protection, restoration, and management of habitat;CommentsClose CommentsPermalink





(ii) research and monitoring of known populations;CommentsClose CommentsPermalink





(iii) the provision of assistance in the development of management plans for managed crane ranges;CommentsClose CommentsPermalink





(iv) enforcement of the Convention;CommentsClose CommentsPermalink





(v) law enforcement and habitat protection through community participation;CommentsClose CommentsPermalink





(vi) reintroduction of cranes to the wild;CommentsClose CommentsPermalink





(vii) conflict resolution initiatives; andCommentsClose CommentsPermalink





(viii) community outreach and education.CommentsClose CommentsPermalink





(2) CONVENTION- The term ‘Convention’ has the meaning given the term in section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532).CommentsClose CommentsPermalink





(3) FUND- The term ‘Fund’ means the Crane Conservation Fund established by section 5(a).CommentsClose CommentsPermalink





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

SEC. 4. CRANE CONSERVATION ASSISTANCE.

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





(b) Project Proposals-CommentsClose CommentsPermalink





(1) APPLICANTS-CommentsClose CommentsPermalink





(A) IN GENERAL- An applicant described in subparagraph (B) that seeks to receive assistance under this section to carry out a project relating to the conservation of cranes shall submit to the Secretary a project proposal that meets the requirements of this section.CommentsClose CommentsPermalink





(B) ELIGIBLE APPLICANTS- An applicant described in this subparagraph is--CommentsClose CommentsPermalink





(i) any relevant wildlife management authority of a country that--CommentsClose CommentsPermalink





(I) is located within the African, Asian, European, or North American range of a species of crane; andCommentsClose CommentsPermalink





(II) carries out one or more activities that directly or indirectly affect crane populations;CommentsClose CommentsPermalink





(ii) the Secretariat of the Convention; andCommentsClose CommentsPermalink





(iii) any person or organization with demonstrated expertise in the conservation of cranes.CommentsClose CommentsPermalink





(2) REQUIRED ELEMENTS- A project proposal submitted under paragraph (1)(A) shall include--CommentsClose CommentsPermalink





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





(B)(i) the name of each individual responsible for conducting the project; andCommentsClose CommentsPermalink





(ii) a description of the qualifications of each of those individuals;CommentsClose CommentsPermalink





(C) a concise description of--CommentsClose CommentsPermalink





(i) methods to be used to implement and assess the outcome of the project;CommentsClose CommentsPermalink





(ii) staff and community management for the project; andCommentsClose CommentsPermalink





(iii) the logistics of the project;CommentsClose CommentsPermalink





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





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





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





(G) any other information that the Secretary considers to be necessary for evaluating the eligibility of the project to receive assistance 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 final project proposal, provide a copy of the proposal to other appropriate Federal officials; andCommentsClose CommentsPermalink





(B) review each project proposal in a timely manner to determine whether the proposal meets the criteria described 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 appropriations, the Secretary, after consulting with other appropriate Federal officials, shall--CommentsClose CommentsPermalink





(A) consult on the proposal with the government of each country in which the project is to be carried out;CommentsClose CommentsPermalink





(B) after taking into consideration any comments resulting from the consultation, approve or disapprove the proposal; andCommentsClose CommentsPermalink





(C) provide written notification of the approval or disapproval to--CommentsClose CommentsPermalink





(i) the applicant that submitted the proposal;CommentsClose CommentsPermalink





(ii) other appropriate Federal officials; andCommentsClose CommentsPermalink





(iii) each country described in subparagraph (A).CommentsClose CommentsPermalink





(d) Criteria for Approval- The Secretary may approve a project proposal under this section if the Secretary determines that the proposed project will enhance programs for conservation of cranes by assisting efforts to--CommentsClose CommentsPermalink





(1) implement conservation programs;CommentsClose CommentsPermalink





(2) address the conflicts between humans and cranes that arise from competition for the same habitat or resources;CommentsClose CommentsPermalink





(3) enhance compliance with the Convention and other applicable laws that--CommentsClose CommentsPermalink





(A) prohibit or regulate the taking or trade of cranes; orCommentsClose CommentsPermalink





(B) regulate the use and management of crane habitat;CommentsClose CommentsPermalink





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





(A) the condition of crane habitat;CommentsClose CommentsPermalink





(B) crane population numbers and trends; orCommentsClose CommentsPermalink





(C) the current and projected threats to crane habitat and population numbers and trends;CommentsClose CommentsPermalink





(5) promote cooperative projects on the issues described in paragraph (4) among--CommentsClose CommentsPermalink





(A) governmental entities;CommentsClose CommentsPermalink





(B) affected local communities;CommentsClose CommentsPermalink





(C) nongovernmental organizations; orCommentsClose CommentsPermalink





(D) other persons in the private sector;CommentsClose CommentsPermalink





(6) carry out necessary scientific research on cranes;CommentsClose CommentsPermalink





(7) provide relevant training to, or support technical exchanges involving, staff responsible for managing cranes or habitats of cranes, to enhance capacity for effective conservation; orCommentsClose CommentsPermalink





(8) reintroduce cranes successfully back into the wild, including propagation of a sufficient number of cranes required for this purpose.CommentsClose CommentsPermalink





(e) Project Sustainability; Matching Funds- To the maximum extent practicable, in determining whether to approve a project proposal under this section, the Secretary shall give preference to a proposed project--CommentsClose CommentsPermalink





(1) that is designed to ensure effective, long-term conservation of cranes and habitats of cranes; orCommentsClose CommentsPermalink





(2) for which matching funds are available.CommentsClose CommentsPermalink





(f) Project Reporting-CommentsClose CommentsPermalink





(1) IN GENERAL- Each person that receives assistance under this section for a project shall submit to the Secretary, at such periodic intervals as are determined by the Secretary, reports that include all information that the Secretary, after consulting with other appropriate government officials, determines to be necessary to evaluate the progress and success of the project for the purposes of--CommentsClose CommentsPermalink





(A) ensuring positive results;CommentsClose CommentsPermalink





(B) assessing problems; andCommentsClose CommentsPermalink





(C) fostering improvements.CommentsClose CommentsPermalink





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

SEC. 5. CRANE CONSERVATION FUND.

(a) Establishment- There is established in the Multinational Species Conservation Fund established by the matter under the heading ‘MULTINATIONAL SPECIES CONSERVATION FUND’ in title I of the Department of the Interior and Related Agencies Appropriations Act, 1999 (112 Stat. 2681-237; 16 U.S.C. 4246) a separate account to be known as the ‘Crane Conservation Fund’, consisting of--CommentsClose CommentsPermalink





(1) amounts transferred to the Secretary of the Treasury for deposit into the Fund under subsection (c); andCommentsClose CommentsPermalink





(2) amounts appropriated to the Fund under section 7.CommentsClose CommentsPermalink





(b) Expenditures From Fund-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to paragraphs (2) and (3), 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 3 percent, or $150,000, whichever is greater, to pay the administrative expenses necessary to carry out this Act.CommentsClose CommentsPermalink





(3) LIMITATION- Not more than 20 percent of the amounts made available from the Fund for any fiscal year may be used for projects relating to the conservation of North American crane species.CommentsClose CommentsPermalink





(c) Acceptance and Use of Donations-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary may accept and use donations to provide assistance under section 4.CommentsClose CommentsPermalink





(2) TRANSFER OF DONATIONS- Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit in the Fund.CommentsClose CommentsPermalink

SEC. 6. 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 cranes.CommentsClose CommentsPermalink





(b) Public Participation-CommentsClose CommentsPermalink





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





(A) ensure that each meeting of the advisory group is open to the public; andCommentsClose CommentsPermalink





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





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





(3) 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





(c) 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. 7. FUNDING.

(a) Authorization of Appropriations- There is authorized to be appropriated to the Fund $5,000,000 for each of fiscal years 2009 through 2013, to remain available until expended.CommentsClose CommentsPermalink





(b) Offset- Of amounts appropriated to, and available at the discretion of, the Secretary for programmatic and administrative expenditures, a total of $25,000,000 shall be used to establish the Fund.CommentsClose CommentsPermalink