[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4341 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 4341
To assist in the conservation of critically endangered species in
foreign countries, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 17, 2019
Mr. Huffman (for himself, Mr. Buchanan, Ms. Schakowsky, Mr.
Fitzpatrick, Mr. Van Drew, Mr. King of New York, Ms. Wild, Mr.
Blumenauer, Mr. Beyer, Mr. Lowenthal, Ms. Lofgren, Mr. Cohen, and Mr.
Hastings) introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To assist in the conservation of critically endangered species in
foreign countries, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Critically Endangered Animals
Conservation Act of 2019''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Convention.--The term ``Convention'' means the
Convention on International Trade in Endangered Species of Wild
Fauna and Flora (27 UST 1087; TIAS 8249).
(2) Conservation.--The term ``conservation'' means the
protection and restoration of species and the habitat of such
species.
(3) Fund.--The term ``Fund'' means the Critically
Endangered Animals Conservation Fund established by section 5.
(4) Critically endangered species.--
(A) In general.--The term ``critically endangered
species'' means--
(i) any animal species categorized on the
International Union Conservation of Nature Red
List of Threatened Species as either Endangered
or Critically Endangered; and
(ii) any other animals species categorized
on the International Union Conservation of
Nature Red List of Threatened Species as Data
Deficient or under a threat category lower than
Endangered if the Secretary determines that--
(I) the most recent International
Union Conservation of Nature Red List
assessment indicates that the
population is decreasing; or
(II) such species is facing new or
emerging threats.
(B) Inclusions.--The term ``critically endangered
species'' includes--
(i) any part, product, egg, offspring or
live specimen of a species described in
subparagraph (A); and
(ii) a carcass of such a species.
(5) Multinational species conservation fund.--The term
``Multinational Species Conservation Fund'' means the fund
established under the heading ``multinational species
conservation fund'' in title I of the Department of the
Interior and Related Agencies Appropriations Act, 1999 (16
U.S.C. 4246).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. CRITICALLY ENDANGERED ANIMALS CONSERVATION ASSISTANCE.
(a) In General.--In consultation with other Federal officials, the
Secretary shall use amounts in the Fund to carry out a competitive
grant program to provide financial assistance for the conservation of
critically endangered species.
(b) Project Proposals.--
(1) Eligible applicants.--A proposal for a grant under
subsection (a) may be submitted to the Secretary by--
(A) any wildlife management authority of a foreign
country that has within its boundaries natural habitat
of the critically endangered species if the activities
of the authority directly or indirectly benefit that
species' conservation; or
(B) any other person or group with the demonstrated
expertise and capacity required for the conservation of
a critically endangered species.
(2) Required elements.--A project proposal shall include--
(A) evidence of support for the project by
appropriate governmental entities of the country in
which the project will be conducted, if the Secretary
determines that such support is required for the
success of the project;
(B) evidence of sensitivity to local historic and
cultural resources and compliance with applicable laws;
(C) evidence of free, prior, and informed consent
by indigenous peoples and local communities in the
areas the project will be conducted, if the Secretary,
based on the nature of the project, determines that
such consent is required for the success of the
project;
(D) information regarding the source and amount of
matching funding available for the project; and
(E) any other information that the Secretary
determines to be appropriate.
(c) Evaluation and Approval.--
(1) Goals.--The Secretary may approve a proposal under this
section if the project will--
(A) help recover and sustain viable populations in
the wild of a critically endangered species with a
range that is, in whole or in part, outside of the
United States;
(B) enhance compliance with provisions of the
Convention and laws of the United States or a foreign
country related to the conservation of a critically
endangered species; or
(C) develop sound scientific information on that
species' habitat, population numbers and trends,
reproduction, mortality, and other threats to survival.
(2) Methods.--The Secretary may approve a proposal under
this section if the proposal would achieve one of the goals set
forth in paragraph (1) through--
(A) protection, restoration, and management of
habitat;
(B) in situ research and monitoring of populations,
habitats, annual reproduction, and species population
trends;
(C) development, implementation, and improvement of
national and regional management plans for a critically
endangered species and the habitat of such species;
(D) enforcement and implementation of the
Convention or the law of a foreign country to--
(i) protect and manage a critically
endangered species or the habitat of such
species;
(ii) prevent illegal or unsustainable
removal of a critically endangered species from
the wild, including as marine bycatch; or
(iii) prevent illegal trade of a critically
endangered species;
(E) training and capacity building for local law
enforcement officials in the interdiction and
prevention of the illegal killing, removal from the
wild, or trade of a critically endangered species;
(F) an initiative to resolve a conflict between
humans and a critically endangered species;
(G) research and implementation of projects to
address disease and threats to the health of a
critically endangered species;
(H) community outreach and education on
conservation of a critically endangered species and the
habitat of such species; or
(I) strengthening the ability of local communities
to implement a conservation program.
(3) Consultation.--The Secretary shall, prior to approving
any proposal under this section, consult with each of the
following with respect to such proposal:
(A) The Government of each country in which such
proposal will be carried out.
(B) Any other Federal agency the Secretary
determines is appropriate.
(4) Preferential consideration.--In determining whether to
approve a proposal, the Secretary shall give preference to a
proposal that--
(A) is designed to ensure effective, long-term
conservation of critically endangered species and their
habitats; and
(B) has matching funds available.
(5) Approval.--The Secretary shall, within 180 days of
receiving a proposal under this section, approve or disapprove
of the proposal and provide written notification of such
approval or disapproval to--
(A) the person who submitted such proposal;
(B) any Federal agency the Secretary determines
appropriate; and
(C) the foreign country in which such proposal
would be carried out.
(d) Project Reporting.--
(1) In general.--The Secretary shall require each person
that receives assistance under this section to submit periodic
reports including such information as the Secretary may require
in order to evaluate the progress and success of each grant
issued under this section.
(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 except for
documents that the Secretary determines to be confidential in
nature, shall be made available to the public.
(e) Limitations on Use for Captive Breeding.--Amounts provided as a
grant under this Act--
(1) may not be used for captive breeding of critically
endangered species other than for captive breeding designed for
release into the wild; and
(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 or technically feasible.
SEC. 4. CRITICALLY ENDANGERED ANIMALS CONSERVATION FUND.
(a) Establishment.--There is established in the Multinational
Species Conservation Fund a separate account to be known as the
``Critically Endangered Animals Conservation Fund'', consisting of--
(1) amounts transferred to the Secretary of the Treasury
for deposit into the Fund under subsection (e);
(2) amounts appropriated to the Fund under section 6; and
(3) any interest earned on investment of amounts in the
Fund under subsection (c).
(b) Expenditures From Fund.--
(1) In general.--Subject to paragraph (2), at the request
of 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 carry
out section 4.
(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 $150,000, whichever is greater,
to pay the administrative expenses necessary to carry out this
Act.
(c) Investment of Amounts.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals. Investments may be made only in interest-bearing
obligations of the United States.
(2) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at
market price.
(3) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at market
price.
(4) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to and form a part of the Fund.
(d) Transfers of Amounts.--
(1) In general.--The amounts required to be transferred to
the Fund under this section shall be transferred at least
monthly from the general fund of the Treasury to the Fund on
the basis of estimates made by the Secretary of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior estimates
were in excess of or less than the amounts required to be
transferred.
(e) Acceptance and Use of Donations.--The Secretary may accept and
use donations to provide assistance under section 4. Amounts received
by the Secretary in the form of donations shall be transferred to the
Secretary of the Treasury for deposit in the Fund. The Secretary may
reject a gift under this section when the rejection is in the interest
of the Government.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Fund $5,000,000 for
each of fiscal years 2020 through 2025.
SEC. 6. REPORT TO CONGRESS.
Not later than 1 year after the date of enactment of this Act, and
every 2 years thereafter, the Secretary shall submit to Congress a
report on the results and effectiveness of the program carried out
under this Act.
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