S 529 ISRSCommentsClose CommentsPermalink

To assist in the conservation of rare felids and rare canids by supporting and providing financial resources for the conservation programs of countries 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

March 5, 2009CommentsClose CommentsPermalink

Mr. LIEBERMAN (for himself, Mr. BROWNBACK, Mr. UDALL of New Mexico, Mr. WHITEHOUSE, Mr. CARDIN, Mr. SANDERS, Mr. KERRY, and Ms. SNOWE, Mrs. GILLIBRAND, and Mr. MERKLEY) 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 rare felids and rare canids by supporting and providing financial resources for the conservation programs of countries 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 2009’.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; andCommentsClose 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’ 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 appendices to that convention.CommentsClose CommentsPermalink





(2) CONSERVATION-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘conservation’ 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.CommentsClose CommentsPermalink





(B) INCLUSIONS- The term ‘conservation’ 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; andCommentsClose 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’ means the Great Cats and Rare Canids Conservation Fund established by section 4(a).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-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘rare canid’ 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).CommentsClose CommentsPermalink





(B) EXCLUSIONS- The term ‘rare canid’ 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-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘rare felid’ 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).CommentsClose CommentsPermalink





(B) EXCLUSIONS- The term ‘rare felid’ does not include--CommentsClose CommentsPermalink





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





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





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

SEC. 4. GREAT CATS AND RARE CANIDS CONSERVATION FUND.

(a) Establishment- There is established in the multinational species conservation fund established under the heading ‘MULTINATIONAL SPECIES CONSERVATION FUND’ of title I of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 4246), 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 in the account under subsection (c); andCommentsClose CommentsPermalink





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





(b) Expenditures From Fund-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to paragraph (2), on 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 to be necessary to provide assistance under section 5.CommentsClose CommentsPermalink





(2) ADMINISTRATIVE EXPENSES- Of the amounts in the Fund available for each fiscal year, the Secretary may use to pay the administrative expenses of carrying out this Act not more than the greater of--CommentsClose CommentsPermalink





(A) 3 percent; andCommentsClose CommentsPermalink





(B) $100,000.CommentsClose CommentsPermalink





(c) Acceptance and Use of Donations-CommentsClose CommentsPermalink





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





(A) accept and use donations to provide assistance under section 5; andCommentsClose CommentsPermalink





(B) publish on the Internet website and in publications of the Department of the Interior a notice that the Secretary is authorized to accept and use such donations.CommentsClose CommentsPermalink





(2) USE- 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. 5. 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; andCommentsClose CommentsPermalink





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





(2) PROJECT PROPOSALS- To be eligible for financial assistance for a project under this Act, an applicant shall submit to the Secretary 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; andCommentsClose 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; andCommentsClose 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; andCommentsClose CommentsPermalink





(B) review each project proposal in a timely manner to determine whether 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; andCommentsClose CommentsPermalink





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





(i) the individual or entity that submitted the proposal;CommentsClose CommentsPermalink





(ii) other appropriate Federal officials; andCommentsClose CommentsPermalink





(iii) each country within the borders of which 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--CommentsClose CommentsPermalink





(1) to implement conservation programs;CommentsClose CommentsPermalink





(2) to 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) to enhance compliance with CITES, the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and other applicable laws that--CommentsClose CommentsPermalink





(A) prohibit or regulate the taking or trade of rare felids and rare canids; orCommentsClose CommentsPermalink





(B) regulate the use and management of rare felid and rare canid habitat;CommentsClose CommentsPermalink





(4) to 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; andCommentsClose 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) to promote cooperative projects among government entities, affected local communities, nongovernmental organizations, and other persons in the private sector; orCommentsClose CommentsPermalink





(6) to ensure that funds will not be appropriated for the purchase or lease of land 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 any portion of the costs of which will be provided with matching funds.CommentsClose CommentsPermalink





(g) Project Reporting-CommentsClose CommentsPermalink





(1) IN GENERAL- Each individual or entity 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 to be 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 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-CommentsClose CommentsPermalink





(1) USE FOR CAPTIVE BREEDING OR DISPLAY- Amounts provided as a grant under this Act--CommentsClose CommentsPermalink





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





(B) 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





(2) INELIGIBLE COUNTRIES- Amounts provided as a grant under this Act may not be expended on any project in a country the government of which has repeatedly provided support for acts of international terrorism, as determined by the Secretary of State pursuant to--CommentsClose CommentsPermalink





(A) section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)) (or any successor to that Act);CommentsClose CommentsPermalink





(B) section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)); orCommentsClose CommentsPermalink





(C) section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)).CommentsClose CommentsPermalink





(i) Advisory Group-CommentsClose CommentsPermalink





(1) IN GENERAL- To assist in carrying out this Act, the Secretary may establish 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; andCommentsClose CommentsPermalink





(ii) provide, at each meeting, an opportunity for interested individuals 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- The minutes of each meeting of the advisory group shall be--CommentsClose CommentsPermalink





(i) kept by the Secretary; andCommentsClose CommentsPermalink





(ii) made available to the public.CommentsClose CommentsPermalink





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

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

(a) In General- Not later than 90 days after the date of enactment of this Act, the Secretary shall initiate a study of felid and canid species listed under the IUCN Red List that are not rare canids or rare felids, respectively, to determine--CommentsClose CommentsPermalink





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





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





(b) Report- Not later than 2 years after date of enactment of this Act, the Secretary shall submit to Congress a report describing 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. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated--CommentsClose CommentsPermalink





(1) to the Fund, $5,000,000 for each of fiscal years 2010 through 2014 to carry out this Act, other than section 6; andCommentsClose CommentsPermalink





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