H.R. 388 – Reading Mode

Calendar No. 119

111th CONGRESS

1st Session

H. R. 388

[Report No. 111–54]

IN THE SENATE OF THE UNITED STATES

April 22, 2009

Received; read twice and referred to the Committee on Environment and Public Works

July 20, 2009

Reported by Mrs. Boxer, without amendment

AN ACT

To assist in the conservation of cranes by supporting and providing, through projects of persons and organizations with expertise in crane conservation, financial resources for the conservation programs of countries the activities of which directly or indirectly affect cranes and the ecosystems of cranes.

Short title

This Act may be cited as the Crane Conservation Act of 2009.

Purposes

The purposes of this Act are—

(1)

to perpetuate healthy populations of cranes;

(2)

to assist in the conservation and protection of cranes by supporting—

(A)

conservation programs in countries in which endangered and threatened cranes occur; and

(B)

the efforts of private organizations committed to helping cranes; and

(3)

to provide financial resources for those programs and efforts.

Definitions

In this Act:

(1)

Conservation

(A)

In general

The term conservation means the use of any method or procedure to improve the viability of crane populations and the quality of the ecosystems and habitats on which the crane populations depend to help the species achieve sufficient populations in the wild to ensure the long-term viability of the species.

(B)

Inclusions

The term conservation includes the carrying out of any activity associated with scientific resource management, such as—

(i)

protection, restoration, and management of habitat;

(ii)

research and monitoring of known populations;

(iii)

the provision of assistance in the development of management plans for managed crane ranges;

(iv)

enforcement of the Convention;

(v)

law enforcement and habitat protection through community participation;

(vi)

reintroduction of cranes to the wild;

(vii)

conflict resolution initiatives; and

(viii)

community outreach and education.

(2)

Convention

The term Convention has the meaning given the term in section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532).

(3)

Fund

The term Fund means the Crane Conservation Fund established by section 5(a).

(4)

Secretary

The term Secretary means the Secretary of the Interior.

Crane conservation assistance

(a)

In General

Subject to the availability of appropriations and in consultation with other appropriate Federal officials, the Secretary shall use amounts in the Fund to provide financial assistance for projects relating to the conservation of cranes for which project proposals are approved by the Secretary in accordance with this section.

(b)

Project Proposals

(1)

Applicants

(A)

In general

An applicant described in subparagraph (B) that seeks to receive assistance under this section to carry out a project relating to the conservation of cranes shall submit to the Secretary a project proposal that meets the requirements of this section.

(B)

Eligible applicants

An applicant described in this subparagraph is—

(i)

any relevant wildlife management authority of a country that—

(I)

is located within the African, Asian, European, or North American range of a species of crane; and

(II)

carries out 1 or more activities that directly or indirectly affect crane populations;

(ii)

the Secretariat of the Convention; and

(iii)

any person or organization with demonstrated expertise in the conservation of cranes.

(2)

Required elements

A project proposal submitted under paragraph (1)(A) shall include—

(A)

a concise statement of the purpose of the project;

(B)

(i)

the name of each individual responsible for conducting the project; and

(ii)

a description of the qualifications of each of those individuals;

(C)

a concise description of—

(i)

methods to be used to implement and assess the outcome of the project;

(ii)

staff and community management for the project; and

(iii)

the logistics of the project;

(D)

an estimate of the funds and the period of time required to complete the project;

(E)

evidence of support for the project by appropriate government entities of countries in which the project will be conducted, if the Secretary determines that such support is required to ensure the success of the project;

(F)

information regarding the source and amount of matching funding available for the project; and

(G)

any other information that the Secretary considers to be necessary for evaluating the eligibility of the project to receive assistance under this Act.

(c)

Project Review and Approval

(1)

In general

The Secretary shall—

(A)

not later than 30 days after receiving a final project proposal, provide a copy of the proposal to other appropriate Federal officials; and

(B)

review each project proposal in a timely manner to determine whether the proposal meets the criteria described in subsection (d).

(2)

Consultation; approval or disapproval

Not later than 180 days after receiving a project proposal, and subject to the availability of appropriations, the Secretary, after consulting with other appropriate Federal officials, shall—

(A)

consult on the proposal with the government of each country in which the project is to be carried out;

(B)

after taking into consideration any comments resulting from the consultation, approve or disapprove the proposal; and

(C)

provide written notification of the approval or disapproval to—

(i)

the applicant that submitted the proposal;

(ii)

other appropriate Federal officials; and

(iii)

each country described in subparagraph (A).

(d)

Criteria for Approval

The Secretary may approve a project proposal under this section if the Secretary determines that the proposed project will enhance programs for conservation of cranes by assisting efforts to—

(1)

implement conservation programs;

(2)

address the conflicts between humans and cranes that arise from competition for the same habitat or resources;

(3)

enhance compliance with the Convention and other applicable laws that—

(A)

prohibit or regulate the taking or trade of cranes; or

(B)

regulate the use and management of crane habitat;

(4)

develop sound scientific information on, or methods for monitoring—

(A)

the condition of crane habitat;

(B)

crane population numbers and trends; or

(C)

the current and projected threats to crane habitat and population numbers and trends;

(5)

promote cooperative projects on the issues described in paragraph (4) among—

(A)

governmental entities;

(B)

affected local communities;

(C)

nongovernmental organizations; or

(D)

other persons in the private sector;

(6)

carry out necessary scientific research on cranes;

(7)

provide relevant training to, or support technical exchanges involving, staff responsible for managing cranes or habitats of cranes, to enhance capacity for effective conservation; or

(8)

reintroduce cranes successfully back into the wild, including propagation of a sufficient number of cranes required for this purpose.

(e)

Project Sustainability; Matching Funds

To the maximum extent practicable, in determining whether to approve a project proposal under this section, the Secretary shall give preference to a proposed project—

(1)

that is designed to ensure effective, long-term conservation of cranes and habitats of cranes; or

(2)

for which matching funds are available.

(f)

Project Reporting

(1)

In general

Each person that receives assistance under this section for a project shall submit to the Secretary, at such periodic intervals as are determined by the Secretary, reports that include all information that the Secretary, after consulting with other appropriate government officials, determines to be necessary to evaluate the progress and success of the project for the purposes of—

(A)

ensuring positive results;

(B)

assessing problems; and

(C)

fostering improvements.

(2)

Availability to the public

Each report submitted under paragraph (1), and any other documents relating to a project for which financial assistance is provided under this Act, shall be made available to the public.

Crane Conservation Fund

(a)

Establishment

There is established in the Multinational Species Conservation Fund established by the matter under the heading MULTINATIONAL SPECIES CONSERVATION FUND in title I of the Department of the Interior and Related Agencies Appropriations Act, 1999 (112 Stat. 2681–237; 16 U.S.C. 4246) a separate account to be known as the Crane Conservation Fund, consisting of—

(1)

amounts transferred to the Secretary of the Treasury for deposit into the Fund under subsection (c); and

(2)

amounts appropriated to the Fund under section 7.

(b)

Expenditures From Fund

(1)

In general

Subject to paragraphs (2) and (3), upon 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 provide assistance under section 4.

(2)

Administrative expenses

Of the amounts in the Fund available for each fiscal year, the Secretary may expend not more than 3 percent, or $150,000, whichever is greater, to pay the administrative expenses necessary to carry out this Act.

(3)

Limitation

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 North American crane species.

(c)

Acceptance and Use of Donations

(1)

In general

The Secretary may accept and use donations to provide assistance under section 4.

(2)

Transfer of donations

Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit in the Fund.

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 cranes.

(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.

Funding

There is authorized to be appropriated to the Fund $5,000,000 for each of fiscal years 2010 through 2014, to remain available until expended.

July 20, 2009

Reported without amendment