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                                                       Calendar No. 356
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-173

======================================================================



 
REAUTHORIZING THE MARINE TURTLE CONSERVATION ACT OF 2004, AND FOR OTHER 
                                PURPOSES

                                _______
                                

                 April 26, 2010.--Ordered to be printed

                                _______
                                

    Mrs. Boxer, from the Committee on Environment and Public Works, 
                        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 Environment and Public Works, to which was 
referred a bill (H.R. 509) to reauthorize the Marine Turtle 
Conservation Act of 2004, and for other purposes, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                    General Statement and Background

    Seven species of marine sea turtles currently inhabit the 
world's oceans. All require tropical, subtropical and temperate 
oceanic beaches for nesting. Six of the seven marine turtle 
species--green, hawksbill, Kemp's Ridley, leatherback, 
loggerhead and olive ridley--are listed in threatened 
categories by the World Conservation Union and listed under the 
U.S. Endangered Species Act.
    Once abundant, marine turtle populations are a fraction of 
historic levels. Marine turtles require many years to reach 
sexual maturity (10-40 years), have complex life cycles, depend 
on oceanic beaches for nesting, and have specific marine 
foraging habitats. As a result, they are very vulnerable to 
exploitation and habitat degradation. Major threats to theses 
species include legal or illegal over-harvesting of eggs or 
meat, predation of eggs by natural predators as well as dogs 
and domestic hogs, pollution from coastal development that 
disorients hatchlings and nesting females, replacement of beach 
habitat with hard structures (e.g., riprap, sea walls, and 
revetments), over-fishing in some countries, accidental capture 
by trawl, net and long-line commercial fishing, and degradation 
or destruction of grass beds and coral reefs.
    In response to the decline of marine turtle populations, in 
2004 Congress passed and then-President George W. Bush signed 
into law the Marine Turtle Conservation Act of 2004 (Public Law 
108-266). This law, patterned after other similar laws 
authorizing 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 worth 
$919,843 under this program, which generated an additional $1.2 
million in non-federal matching contributions.

                     Objectives of the Legislation

    The objective of H.R. 509 is to reauthorize the Marine 
Turtle Conservation Act of 2004, and for other purposes.

                      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.

                          Legislative History

    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 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. An amendment in 
the nature of a substitute offered by Rep. Brown to 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 
the greater of three percent of the amounts made available or 
$150,000 was adopted and the bill, as amended, was ordered 
favorably reported to the House of Representatives by unanimous 
consent. The House of Representatives passed the bill under 
suspension of the rules on July 28, 2009 by a vote of 354-72.
    On December 10, 2009, the Senate Environment and Public 
Works Committee met to consider H.R. 509 and ordered the bill 
favorably reported without amendment.

                                Hearings

    On May 5, 2009 the Subcommittee on Insular Affairs, Oceans 
and Wildlife of the House Committee on Natural Resources held a 
hearing on H.R. 509. On December 3, 2009, the Water and 
Wildlife Subcommittee of the Senate Environment and Public 
Works Committee held a legislative hearing on multiple wildlife 
and invasive species bills, including H.R. 509.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider H.R. 509 on December 10, 2009. The bill was ordered 
favorably reported by voice.

                      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. 509 
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 noted that the Congressional 
Budget Office has found, ``H.R. 509 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would impose no costs on 
state, local, or tribal governments.''

               Congressional Budget Office Cost Estimate

                                                 December 15, 2009.
Hon. Barbara Boxer,
Chairman, Committee on the Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 509, the Marine 
Turtle Conservation Reauthorization Act of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

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 act 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 $22 million 
over the 2010-2014 period, assuming appropriation of the 
authorized amounts. Enacting the legislation 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 act will be 
appropriated by the start of each fiscal year (except 2010) and 
that outlays will follow the historical rate of spending for 
those activities. For fiscal year 2010, the Congress 
appropriated $2 million for this program, so H.R. 509 would 
authorize the appropriation of an additional $3 million for 
that year. 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.........................................       3       5       5       5       5          23
Estimated Outlays...........................................       1       3       7       6       5          22
----------------------------------------------------------------------------------------------------------------

    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. Any costs to state and tribal governments 
from receiving grants under this act would be incurred 
voluntarily as a condition of receiving federal assistance.
    Previous CBO estimate: On June 17, 2009, CBO transmitted a 
cost estimate for H.R. 509 as ordered reported by the House 
Committee on Natural Resources on June 10, 2009. The two pieces 
of legislation are identical, but we estimated that 
implementing the earlier version of H.R. 509 would cost $24 
million over the 2010-2014 period because funding for 2010 had 
not yet been provided.
    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.

                        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:

           *       *       *       *       *       *       *


MARINE TURTLE CONSERVATION

           *       *       *       *       *       *       *



SEC. 2. FINDINGS AND PURPOSES.

  (a) Findings.--The Congress finds that--
          (1) * * *

           *       *       *       *       *       *       *

  (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) CITES.--The term ``CITES'' 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 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) protection, restoration, and management 
                of nesting habitats;
                  (B) onsite research and monitoring of nesting 
                populations, nesting habitats, annual 
                reproduction, and species population trends;
                  (C) assistance in the development, 
                implementation, and improvement of national and 
                regional management plans for nesting habitat 
                ranges;
                  (D) enforcement and implementation of CITES 
                and laws [of foreign countries] to--

           *       *       *       *       *       *       *

          (6) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.
          (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) In General.--Subject to the availability of funds and in 
consultation with other Federal officials, the Secretary shall 
use amounts in the Fund to provide financial assistance for 
projects for the conservation of marine turtles for which 
project proposals are approved by the Secretary in accordance 
with this section.
  (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) Establishment.--* * *

           *       *       *       *       *       *       *

  (b) Expenditures From Fund.--
          (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 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 [$80,000] 
        $150,000, whichever is greater,
          (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.

           *       *       *       *       *       *       *