[Senate Report 107-113]
[From the U.S. Government Publishing Office]
Calendar No. 266
107th Congress Report
SENATE
1st Session 107-113
======================================================================
ASIAN ELEPHANT CONSERVATION REAUTHORIZATION ACT OF 2001
_______
December 7, 2001.--Ordered to be printed
_______
Mr. Jeffords, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[to accompany H.R. 700]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (H.R. 700) to reauthorize the Asian Elephant
Conservation Act of 1997, having considered the same reports
favorably thereon with an amendment and recommends that the
bill, as amended, do pass.
General Statement and Background
The population of Asian elephants living in the wild has
dramatically fallen to about 40,000 animals. These wild
populations are located in 13 countries in South and Southeast
Asia. The largest population of 20,000 Asian elephants, or 50
percent of the total, reside in India; and the smallest
population of 40 animals is located in Nepal. What is equally
distressing is that there are only about 14 populations of
1,000 or more individual elephants in a contiguous area. Seven
of these populations are found in Burma and India. This means
that such drastic population fragmentation increases the
likelihood of geographic extinctions and greatly reduces the
long-term viability of the species. In addition, it has been
estimated that there are about 16,000 domesticated elephants.
The Asian elephant is protected under our Endangered
Species Act, and is also listed on the Red List of Mammals by
the IUCN-World Conservation Union and on Appendix I of the
Convention on International Trade in Endangered Species of Wild
Fauna and Flora. Under Appendix I, all commercial international
trade in Asian elephant products are prohibited.
In response to this crisis, Congress enacted the Asian
Elephant Conservation Act of 1997. The law created the Asian
Elephant Conservation Fund. The Fund, modeled after the African
Elephant and Rhino and Tiger Conservation Funds, authorized an
appropriation of up to $5 million per year until September 30,
2002. The fund provides financial support for on-the-ground
conservation projects throughout Asia to help protect the Asian
elephant.
Congress has appropriated $1.9 million to the Asian
Elephant Fund since its enactment into law. This money, which
has generated an additional $1.8 million in private matching
funds, was allocated by the U.S. Fish and Wildlife Service for
46 conservation grants in 12 different range countries. The
type of projects funded include: construction of anti-poaching
camps; equipping protected area field staff in India; promotion
of elephant conservation in Asia; resettlement of elephants;
school education to support Asian elephant conservation; and a
study of the mobility patterns, population dynamics and feeding
patterns of elephants.
Objectives of the Legislation
The fundamental purpose of H.R. 700 is to extend the
authorization of appropriations for the Asian Elephant
Conservation Act through 2007. In addition, H.R. 700 allows the
Secretary to establish an advisory group to assist in carrying
out the Act.
Section-by-Section Analysis
Section 1. Short Title
This Act may be cited as the ``Asian Elephant Conservation
Reauthorization Act of 2001''.
Section 2. Reauthorization of the Asian Elephant Conservation Act of
1997
Section 2 amends Section 7 of the Asian Elephant
Conservation Act to extend the authorization of the Act through
September 30, 2007.
Section 3. Limitation on Administrative Expenses
Section 3 amends Section 7 of the Asian Elephant
Conservation Act limiting the amount of money the Secretary may
expend on administrative expense to carry out the Act. Not more
than 3 percent or $80,000, whichever is greater, may be
expended from the amounts available in each fiscal year.
Section 4. Cooperation
Section 4 amends the Asian Elephant Conservation Act by
adding Section 7 authorizing the Secretary to convene an
advisory group of individuals representing public and private
organizations actively involved in the conservation of Asian
elephants. The Secretary shall provide public notice of each
meeting of the advisory group. The meetings shall be open to
the public and the minutes of the meetings shall be made
available to the public. The Federal Advisory Committee Act
shall not apply to the advisory group authorized under this
section.
The creation of a new advisory group will help increase
public involvement and Federal and private partnerships. Also,
it will provide consistency with the Great Ape Conservation Act
and Neotropical Migratory Bird Conservation Act, both of which
were enacted during the 106th Congress and are administered
under the Multinational Species Conservation Fund, along with
the Rhinoceros and Tiger Conservation Act and the African
Elephant Conservation Fund Act.
Section 5. Technical and Conforming Amendments
Subsection (a) makes conforming amendments to Sections 4(3)
and 6 of the Asian Elephant Conservation Act.
Subsection (b) makes a technical correction to Title I of
section 101 (e) of division A of Public Law 105-277.
Section 6. Authorization of Appropriations for National Fish and
Wildlife Foundation
Section 6 amends section 10(a)(1) of the National Fish and
Wildlife Foundation Establishment Act by extending the
authorization from 2003 to 2005 and increasing the
authorization from $20,000,000 to $25,000,000.
The National Fish and Wildlife Foundation is a federally
chartered, charitable, nonprofit corporation established to
accept and administer gifts from private citizens for fish,
wildlife and plant conservation. The Foundation develops
private sector support for selected programs and activities of
the U. S. Fish and Wildlife Service and the National Oceanic
and Atmospheric Administration (NOAA) that traditionally have
not been adequately funded through annual appropriations. The
Foundation awards grants in five major categories: conservation
education, wetlands and private lands, neotropical migratory
bird conservation, fisheries conservation and management, and
wildlife and habitat management.
The legislation establishing the Foundation was
reauthorized during the 106th Congress. During the drafting
process, the authorized level of appropriations was
inadvertently changed from $25 million to $20 million. This
section corrects that error by increasing the authorization to
$25 million.
It also extends the authorization from 2003 to 2005. The
Senate Committee on Environment and Public Works and the House
Committee on Resources agree that the authorization should be
extended to 2005 and the authorization level increased to $25
million.
Rollcall Votes
The Committee on Environment and Public Works met to
consider H.R. 700 on November 8, 2001. The committee agreed to
an amendment by Senator Jeffords by voice vote and agreed to
H.R. 700, as amended, by voice vote.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that H.R. 700
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that H.R. 700 would
impose no unfunded mandates on State, local, or tribal
governments.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, December 6, 2001.
Hon. James Jeffords, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has prepared
the enclosed cost estimate for H.R. 700, the Asian Elephant
Conservation Reauthorization Act of 2001.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis,
who can be reached at 226-2860.
Sincerely,
Dan L. Crippen.
----------
Congressional Budget Office Cost Estimate
H.R. 700, Asian Elephant Conservation Reauthorization Act of 2001, as
ordered reported by the Senate Committee on Environment and
Public Works on November 8, 2001
SUMMARY
H.R. 700 would reauthorize, through fiscal year 2007,
appropriations for project to conserve Asian elephants at the
existing authorization level of $5 million annually. (The
current authorization expires after fiscal year 2002.) Section
6 woul extend the authorization of appropriations for federal
payments to the U.S. Fish and Wildlife Foundation from 2003
through 2005. Thi section also would increase the annual
authorization level for payments made to the Foundation by the
U.S. Fish and Wildlife Service (USFWS) by $5 million for each
of fiscal years 2002 through 2005. Under existing law, a total
of $25 million is authorized for such payments for fiscal year
2003--$20 million from the USFWS and $5 million from the
National Oceanic and Atmospheric Administration (NOAA).
Assuming appropriation of the authorized amounts by H.R.
700, CBO estimates that the USFWS and NOAA would spend a total
of $38 million to fund ongoing Asian elephant conservation
projects and Foundation activities over the 2002-2006 period.
(An additional $7 million would be spent after 2006.) The
legislation would not affect direct spending or receipts;
therefore, pay-as-you-go procedures would not apply. H.R. 700
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act (UMRA) and would
not affect the budgets of State, local, or tribal governments.
Estimated Cost to the Federal Government
The estimated budgetary impact of H.R. 700 is shown in the
following table. For this estimate, CBO assumes that the entire
amounts authorized by the Act would be appropriated for each
fiscal year. We assume that payments to the National Fish and
Wildlife Foundation will continue to be made by the USFWS and
NOAA in the same year that the funds are appropriated. Outlay
estimates for Asian elephant conservation grants are based on
recent spending patterns for that program. The cost of this
legislation falls within budget function 300 (natural resources
and environment).
By Fiscal Year, in Millions of Dollars
------------------------------------------------------------------------
2002 2003 2004 2005 2006
------------------------------------------------------------------------
SPENDING SUBJECT TO
APPROPRIATION
Spending Under Current Law:.....
Budget Authority\1\......... 10 25 0 0 0
Estimated Outlays........... 10 25 0 0 0
Proposed Changes:...............
Estimated Authorization 5 10 35 35 5
Level......................
Estimated Outlays........... 5 8 35 35 5
Spending Under H.R. 700:........
Estimated Authorization 15 35 35 35 5
Level\1\...................
Estimated Outlays........... 15 33 35 35 5
------------------------------------------------------------------------
\1\ The 2002 level is the amount appropriated thus far for that year for
Asian elephant conservation ($1 million) and for the U.S. Fish and
Wildlife Foundation ($9.2 million). The 2003 level is the amount
authorized to be appropriated for payments to the foundation under
current law.
Pay-As-You-Go Considerations: None.
Intergovernmental and Private-Sector Impact
H.R. 700 contains no intergovernmental or private-sector
mandates as defined in UMRA and would not affect on the budgets
of State, local, or tribal governments.
Previous CBO Estimate
On May 18, 2001, CBO prepared a cost estimate for H.R. 700
as ordered reported by the House Committee on Resources on May
16, 2001. Our estimate of spending for projects to conserve
Asian elephants is the same under both versions of H.R. 700.
The version approved by the Senate Committee on Environment and
Public Works also would authorize appropriations for grants to
the U.S. Fish and Wildlife Foundation, increasing the estimated
cost of the legislation by $70 million through 2005.
Estimate Prepared By: Federal Costs: Deborah Reis Impact on
State, Local, and Tribal Governments: Marjorie Miller Impact on
the Private Sector: Lauren Marks.
Estimate Approved By: Peter H. Fontaine Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, 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:
ASIAN ELEPHANT CONSERVATION ACT OF 1997
* * * * * * *
SEC. 4. DEFINITIONS.
In this Act:
(1) * * *
* * * * * * *
(3) The term ``Fund'' means the [Asian Elephant
Conservation Fund established under section 6(a)] the
account established by division A, section 101(e),
title I of Public Law 105 277 under the heading
``multinational species conservation fund''.
* * * * * * *
[SEC. 6. ASIAN ELEPHANT CONSERVATION FUND.
[(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.--]
SEC. 6. 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. 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 Asian elephants.
(b) Public Participation._
(1) Meetings._The Advisory Group shall----
(A) ensure that each meeting of the
advisory group is open to the public; and
(B) provide, at each meeting, an
opportunity for interested persons to present
oral or written statements concerning items on
the agenda.
(2) Notice._The Secretary shall provide to the
public timely notice of each meeting of the advisory
group.
(3) Minutes._Minutes of each meeting of the
advisory group shall be kept by the Secretary and shall
be made available to the public.
(c) Exemption From Federal Advisory Committee Act._The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the advisory group.
SEC. [7.] 8. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized] (a) In General._There is authorized
to be appropriated to the Fund $5,000,000 for each of fiscal
years [1998, 1999, 2000, 2001, and 2002] 2001, 2002, 2003,
2004, 2005, 2006, and 2007 to carry out this Act, which may
remain available until expended.
(b) Administrative Expenses._Of amounts available each
fiscal year to carry out this Act, the Secretary may expend not
more than 3 percent or $80,000, whichever is greater, to pay
the administrative expenses necessary to carry out this Act.
DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT,
1999
DIVISION A--OMNIBUS CONSOLIDATED APPROPRIATIONS
* * * * * * *
Sec. 101. (a) * * *
* * * * * * *
(e) For programs, projects or activities in the Department
of the Interior and Related Agencies Appropriations Act, 1999,
provided as follows, to be effective as if it had been enacted
into law as the regular appropriations Act:
AN ACT Making appropriations for the Department of the Interior and
related agencies for the fiscal year ending September 30, 1999, and for
other purposes.
TITLE I--DEPARTMENT OF THE INTERIOR
* * * * * * *
United States Fish and Wildlife Service
* * * * * * *
MULTINATIONAL SPECIES CONSERVATION FUND
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 4203, 4211 4213, 4221 4225,
4241 4245, and 1538), the Asian Elephant Conservation Act of
1997 (Public Law 105 96), and the Rhinoceros and Tiger
Conservation Act of 1994 (16 U.S.C. 5301 5306), $2,000,000, to
remain available until expended: Provided, That unexpended
balances of amounts previously appropriated to the African
Elephant Conservation Fund, Rewards and Operations account, and
Rhinoceros and Tiger Conservation Fund may be transferred to
and merged with this appropriation: Provided further, That in
fiscal year 1999 and thereafter, donations to provide
assistance under [section 5304 of the Rhinoceros and Tiger
Conservation Act of 1994, part I of the African Elephant
Conservation Act, and section 6 of the Asian Elephant
Conservation Act of 1997] section 5 of the Rhinoceros and Tiger
Conservation Act of 1994 (16 U.S.C. 4211 et seq.), and section
5 of the Asian Elephant Conservation Act of 1997 (16. U.S.C.
4264) shall be deposited to this Fund and shall be available
without further appropriation: Provided further, That in fiscal
year 1999 and thereafter, all penalties received by the United
States under [16 U.S.C. 4224] section 2204 of the African
Elephant Conservation Act (16 U.S.C. 4224) which are not used
to pay rewards under [16 U.S.C. 4225] section 2205 of the
African Elephant Conservation Act (16 U.S.C. 4225) shall be
deposited to this Fund to provide assistance under [16 U.S.C.
4211] section 2201 of the African Elephant Conservation Act (16
U.S.C. 4221) and shall be available without further
appropriation: Provided further, That in fiscal year 1999 and
thereafter, not more than 3 percent of amounts appropriated to
this Fund may be used by the Secretary of the Interior to
administer the Fund.
* * * * * * *
NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT
[As amended through P.L. 106-580, Dec. 29, 2000]
AN ACT to establish and National Fish and Wildife Foundation.
* * * * * * *
SEC. 1. SHORT TITLE.
* * * * * * *
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.----
(1) In General.--There are to be authorized to be
appropriated to carry out this Act for each of fiscal
years 2001 through [2003] 2005----
(A) [$20,000,000] $25,000,000 to the
Department of the Interior; and
(B) $5,000,000 to the Department of
Commerce.
* * * * * * *