[House Report 111-200]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-200
======================================================================
MARINE TURTLE CONSERVATION REAUTHORIZATION ACT OF 2009
_______
July 10, 2009.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 509]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 509) to reauthorize the Marine Turtle Conservation
Act of 2004, having considered the same, report favorably
thereon with amendments and recommend that the bill as amended
do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marine Turtle Conservation
Reauthorization Act of 2009''.
SEC. 2. AMENDMENTS TO PROVISIONS PREVENTING FUNDING OF PROJECTS IN THE
UNITED STATES.
(a) In General.--The Marine Turtle Conservation Act of 2004 is
amended--
(1) in section 2(b) (16 U.S.C. 6601(b)), by striking ``in
foreign countries'';
(2) in section 3(2) (16 U.S.C. 6602(2))--
(A) in the matter preceding subparagraph (A), by
striking ``in foreign countries''; and
(B) in subparagraph (D), by striking ``of foreign
countries''; and
(3) in section 4 (16 U.S.C. 6603)--
(A) in subsection (b)(1)(A), by inserting ``State
or'' before ``foreign country''; and
(B) in subsection (d), by striking ``in foreign
countries'';
(b) State Defined.--Section 3 of such Act (16 U.S.C. 6602) is amended
by adding at the end the following new paragraph:
``(7) State.--The term `State' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, any
other territory or possession of the United States, and any
Indian tribe.''.
SEC. 3. LIMITATIONS ON EXPENDITURES.
Section 5(b) of the Marine Turtle Conservation Act of 2004 (16 U.S.C.
6604(b)) is amended--
(1) in paragraph (2), by striking ``$80,000'' and inserting
``$150,000''; and
(2) by adding at the end the following new paragraph:
``(3) Limitation on projects in the united states.--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 marine turtles in the United States.''.
SEC. 4. REAUTHORIZATION OF THE MARINE TURTLE CONSERVATION ACT OF 2004.
Section 7 of the Marine Turtle Conservation Act of 2004 (16 U. S. C.
6606) is amended by striking ``each of fiscal years 2005 through 2009''
and inserting ``each of fiscal years 2009 through 2014''.
Amend the title so as to read:
A bill to reauthorize the Marine Turtle Conservation Act
of 2004, and for other purposes.
Purpose of the Bill
The purpose of H.R. 509, as ordered reported, is to
reauthorize the Marine Turtle Conservation Act of 2004, and for
other purposes.
Background and Need for Legislation
Marine sea turtles have existed in the world's oceans for
more than 100 million years. They are air-breathing reptiles
that are found in tropical and subtropical seas throughout the
world. It is generally accepted that there are seven distinct
species of marine turtles. The six species that are found in
waters of the United States and its territories and possessions
include the green, hawksbill, Kemp's Ridley, leatherback,
loggerhead and olive ridley.
As a result of intentional and accidental capture in
fisheries, the destruction of essential nesting habitat through
coastal development, poaching of eggs, meat and shells,
entanglement in marine debris, ship strike and ocean pollution,
the future of several marine turtle species is now in serious
jeopardy. In June of 1994, 19 members of the Marine Turtle
Specialist Group of the Species Survival Commission of the
International Union for Conservation of Nature and Natural
Resources met in Puerto Vallarta, Mexico. They produced a
document entitled Global Strategy for the Conservation of
Marine Turtles, which outlined various strategies to save these
species from extinction. One of its recommendations was to
augment existing funding to promote the conservation of marine
turtles and marine turtle nesting habitat. Additional resources
would allow the funding of various projects, including
activities such as mapping the distribution of nesting beaches,
monitoring the trade in turtle products, greater use of
satellite telemetry to track the movement of sea turtles, more
robust assistance to support law enforcement efforts to stop
poaching, and educational outreach for those communities that
provide nesting habitat for marine turtles.
In response to these recommendations, in 2004 Congress
passed the Marine Turtle Conservation Act (Public Law 108-266).
This law, patterned after other similar laws authorizing
additional wildlife conservation funds in the Multinational
Species Conservation Fund, authorized $25 million over a five-
year period to support project grants to conserve, protect and
recover marine turtle populations. In Fiscal Year 2008 the U.S.
Fish and Wildlife Service awarded 24 project grants under this
program, which generated an additional $1.2 million in non-
federal matching contributions.
Committee Action
H.R. 509 was introduced on January 14, 2009 by
Representative Henry E. Brown, Jr. (R-SC). The bill was
referred to the Committee on Natural Resources, and within the
Committee to the Subcommittee on Insular Affairs, Oceans and
Wildlife. On May 5, 2009 the Subcommittee held a hearing on the
bill; invited witnesses all expressed support for
reauthorization of the Act.
On June 10, 2009, the Subcommittee was discharged from
further consideration of H.R. 509 and the Full Natural
Resources Committee met to consider the bill. Rep. Brown
offered an amendment in the nature of a substitute to make
amend the Act to authorize project grants in the United States;
to allow no more than twenty percent of the funds made
available each year to support grants projects in the United
States; and, to increase the annual allowance for program
administration to be three percent of the amounts made
available or $150,000, whichever is greater. The amendment was
adopted by unanimous consent. The bill, as amended, was then
ordered favorably reported to the House of Representatives by
unanimous consent.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides that this Act may be cited as the
``Marine Turtle Conservation Reauthorization Act of 2009.''
Section 2. Amendments to provisions preventing funding of projects in
the United States
Section 2 provides for the expansion of marine turtle
conservation assistance under the Marine Turtle Conservation
Act of 2004 to include the United States and its territories.
Section 3. Limitations on expenditures
Section 3 authorizes an increase in administrative expenses
from $80,000 to $150,000 and limits funds made available for
projects relating to the conservation of marine turtles in the
United States to no more than 20 percent of the Marine Turtle
Conservation fund for any fiscal year.
Section 4. Reauthorization of the Marine Turtle Conservation Act of
2004
Section 4 amends section 7 of the Marine Turtle
Conservation Act of 2004 to reauthorize appropriations to the
Marine Turtle Conservation Fund for fiscal years 2009 through
2014.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance with House Rule XIII
1. Cost of Legislation. Clause 3(d) (2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides thatthis requirement does not apply when
the Committee has included in its report a timely submitted cost
estimate of the bill prepared by the Director of the Congressional
Budget Office under section 402 of the Congressional Budget Act of
1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to reauthorize the Marine Turtle
Conservation Act of 2004, and for other purposes.
4. Congressional Budget Office Cost Estimate. Under clause
3(c) (3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 509--Marine Turtle Conservation Reauthorization Act of 2009
Summary: H.R. 509 would authorize the appropriation of $5
million for each of fiscal years 2010 through 2014 for the
Department of the Interior to support programs to protect and
conserve marine turtles. The bill also would make states
eligible for those funds, which are now available to foreign or
international organizations and other entities involved in
marine turtle conservation (current law authorizes funding of
$5 million annually through fiscal year 2009 for this program).
CBO estimates that implementing H.R. 509 would cost $24 million
over the 2010-2014 period, assuming appropriation of the
authorized amounts. Enacting the bill would not affect direct
spending or revenues.
H.R. 509 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 509 is shown in the following table.
CBO assumes that the amounts authorized by the bill will be
appropriated by the start of each fiscal year and that outlays
will follow the historical rate of spending for these
activities. The costs of this legislation fall within budget
function 300 (natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2010 2011 2012 2013 2014 2010-2014
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level..................................... 5 5 5 5 5 25
Estimated Outlays....................................... 1 4 8 6 5 24
----------------------------------------------------------------------------------------------------------------
Intergovernmental and private-sector impact: H.R. 509
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. If enacted, this bill would make state and
tribal governments eligible for grants to protect and conserve
marine turtles. Any costs to those governments would be
incurred voluntarily as a condition of receiving federal
assistance.
Estimate prepared by: Federal Costs: Mark Grabowicz; Impact
on State, Local, and Tribal Governments: Melissa Merrell;
Impact on the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Earmark Statement
H.R. 509 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, 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):
MARINE TURTLE CONSERVATION ACT OF 2004
* * * * * * *
SEC. 2. FINDINGS AND PURPOSES.
(a) * * *
(b) Purpose.--The purpose of this Act is to assist in the
conservation of marine turtles and the nesting habitats of
marine turtles [in foreign countries] by supporting and
providing financial resources for projects to conserve the
nesting habitats, conserve marine turtles in those habitats,
and address other threats to the survival of marine turtles.
SEC. 3. DEFINITIONS.
In this Act:
(1) * * *
(2) Conservation.--The term ``conservation'' means
the use of all methods and procedures necessary to
protect nesting habitats of marine turtles [in foreign
countries] and of marine turtles in those habitats,
including--
(A) * * *
* * * * * * *
(D) enforcement and implementation of CITES
and laws [of foreign countries] to--
(i) * * *
* * * * * * *
(7) State.--The term ``State'' means each of the
several States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, any other territory or
possession of the United States, and any Indian tribe.
SEC. 4. MARINE TURTLE CONSERVATION ASSISTANCE.
(a) * * *
(b) Project Proposals.--
(1) Eligible applicants.--A proposal for a project
for the conservation of marine turtles may be submitted
to the Secretary by--
(A) any wildlife management authority of a
State or foreign country that has within its
boundaries marine turtle nesting habitat if the
activities of the authority directly or
indirectly affect marine turtle conservation;
or
* * * * * * *
(d) Criteria for Approval.--The Secretary may approve a
project proposal under this section if the project will help
recover and sustain viable populations of marine turtles in the
wild by assisting efforts [in foreign countries] to implement
marine turtle conservation programs.
* * * * * * *
SEC. 5. MARINE TURTLE CONSERVATION FUND.
(a) * * *
(b) Expenditures From Fund.--
(1) * * *
(2) Administrative expenses.--Of the amounts in the
account available for each fiscal year, the Secretary
may expend not more than 3 percent, or up to [$80,000]
$150,000, whichever is greater, to pay the
administrative expenses necessary to carry out this
Act.
(3) Limitation on projects in the united states.--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 marine turtles in the
United States.
* * * * * * *
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Fund $5,000,000
for [each of fiscal years 2005 through 2009] each of fiscal
years 2009 through 2014.
* * * * * * *