H. Rept. 111-200 - 111th Congress (2009-2010)
July 10, 2009, As Reported by the Natural Resources Committee

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House Report 111-200 - MARINE TURTLE CONSERVATION REAUTHORIZATION ACT OF 2009




[House Report 111-200]
[From the U.S. Government Printing 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.

           *       *       *       *       *       *       *