II
Calendar No. 117
111th CONGRESS
1st Session
S. 529
[Report No. 111–52]
IN THE SENATE OF THE UNITED STATES
March 5, 2009
Mr. Lieberman (for himself, Mr. Brownback, Mr. Udall of New Mexico, Mr. Whitehouse, Mr. Cardin, Mr. Sanders, Mr. Kerry, Ms. Snowe, Mrs. Gillibrand, and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works
July 20, 2009
Reported by Mrs. Boxer, without amendment
A BILL
To assist in the conservation of rare felids and rare canids by supporting and providing financial resources for the conservation programs of countries within the range of rare felid and rare canid populations and projects of persons with demonstrated expertise in the conservation of rare felid and rare canid populations.
Short title
This Act may be cited as
the Great Cats and Rare Canids Act of
2009
.
Purposes
The purposes of this Act are to provide financial resources and to foster international cooperation—
to restore and perpetuate healthy populations of rare felids and rare canids in the wild; and
to assist in the conservation of rare felid and rare canid populations worldwide.
Definitions
In this Act:
CITES
The term CITES means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249), including appendices to that convention.
Conservation
In general
The term conservation means the methods and procedures necessary to bring a species of rare felid or rare canid to the point at which there are sufficient populations in the wild to ensure the long-term viability of the species.
Inclusions
The term conservation includes all activities associated with protection and management of a rare felid or rare canid population, including—
maintenance, management, protection, and restoration of rare felid or rare canid habitat;
research and monitoring;
law enforcement;
community outreach and education;
conflict resolution initiatives; and
strengthening the capacity of local communities, governmental agencies, nongovernmental organizations, and other institutions to implement conservation programs.
Fund
The term Fund means the Great Cats and Rare Canids Conservation Fund established by section 4(a).
IUCN Red List
The term IUCN Red List means the Red List of Threatened Species Maintained by the World Conservation Union.
Rare canid
In general
The term rare canid means any of the canid species dhole (Cuon alpinus), gray wolf (Canis lupus), Ethiopian wolf (Canis simensis), bush dog (Speothos venaticus), African wild dog (Lycaon pictus), maned wolf (Chrysocyon brachyurus), and Darwin's fox (Pseudalopex fulvipes) (including any subspecies or population of such a species).
Exclusions
The term rare canid does not include any subspecies or population that is native to the area comprised of the United States and Canada or the European Union.
Rare felid
In general
The term rare felid means any of the felid species lion (Panthera leo), leopard (Panthera pardus), jaguar (Panthera onca), snow leopard (Uncia uncia), clouded leopard (Neofelis nebulosa), cheetah (Acinonyx jubatus), Iberian lynx (Lynx pardina), and Borneo bay cat (Catopuma badia) (including any subspecies or population of such a species).
Exclusions
The term rare felid does not include—
any species, subspecies, or population that is native to the United States; or
any tiger (Panthera tigris).
Secretary
The term Secretary means the Secretary of the Interior.
Great Cats and Rare Canids Conservation Fund
Establishment
There
is established in the multinational species conservation fund established under
the heading multinational species conservation fund
of
title I of the Department of the Interior and Related Agencies Appropriations
Act, 1999 (16 U.S.C. 4246), a separate account to be known as the Great
Cats and Rare Canids Conservation Fund
, consisting of—
amounts transferred to the Secretary of the Treasury for deposit in the account under subsection (c); and
amounts appropriated to the account under section 7.
Expenditures from Fund
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 to be necessary to provide assistance under section 5.
Administrative expenses
Of the amounts in the Fund available for each fiscal year, the Secretary may use to pay the administrative expenses of carrying out this Act not more than the greater of—
3 percent; and
$100,000.
Acceptance and use of donations
In general
The Secretary may—
accept and use donations to provide assistance under section 5; and
publish on the Internet website and in publications of the Department of the Interior a notice that the Secretary is authorized to accept and use such donations.
Use
Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit in the Fund.
Financial assistance
In general
Subject to the availability of funds and in consultation with other appropriate Federal officials, the Secretary shall use amounts in the Fund to provide financial assistance for projects for the conservation of rare felid and rare canids for which project proposals are approved by the Secretary in accordance with this section.
Project proposals
Eligible applicants
A proposal for a project for the conservation of rare felid and canids may be submitted to the Secretary by—
any wildlife management authority of a country that has within its boundaries any part of the range of a rare felid or rare canid species, respectively; and
any person or group with the demonstrated expertise required for conservation in the wild of rare felids or rare canids, respectively.
Project proposals
To be eligible for financial assistance for a project under this Act, an applicant shall submit to the Secretary a project proposal that includes—
a concise statement of the purposes of the project;
the name of the individual responsible for conducting the project;
a description of the qualifications of the individuals who will conduct the project;
a concise description of—
methods for project implementation and outcome assessment;
staffing for the project;
the logistics of the project; and
community involvement in the project;
an estimate of funds and time required to complete the project;
evidence of support for the project by appropriate governmental entities of the countries in which the project will be conducted, if the Secretary determines that such support is required for the success of the project;
information regarding the source and amount of matching funding available for the project; and
any other information that the Secretary considers to be necessary for evaluating the eligibility of the project for funding under this Act.
Project review and approval
In general
The Secretary shall—
not later than 30 days after receiving a project proposal, provide a copy of the proposal to the appropriate Federal officials; and
review each project proposal in a timely manner to determine whether the proposal meets the criteria specified in subsection (d).
Consultation; approval or disapproval
Not later than 180 days after receiving a project proposal, and subject to the availability of funds, the Secretary, after consulting with other appropriate Federal officials, shall—
ensure the proposal contains assurances that the project will be implemented in consultation with relevant wildlife management authorities and other appropriate government officials with jurisdiction over the resources addressed by the project;
approve or disapprove the proposal; and
provide written notification of the approval or disapproval to—
the individual or entity that submitted the proposal;
other appropriate Federal officials; and
each country within the borders of which the project will take place.
Criteria for approval
The Secretary may approve a project proposal under this section if the project will contribute to conservation of rare felids or rare canids in the wild by assisting efforts—
to implement conservation programs;
to address the conflicts between humans and rare felids or rare canids, respectively, that arise from competition for the same habitat or resources;
to enhance compliance with CITES, the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and other applicable laws that—
prohibit or regulate the taking or trade of rare felids and rare canids; or
regulate the use and management of rare felid and rare canid habitat;
to develop sound scientific information on, or methods for monitoring—
the condition and health of rare felid or rare canid habitat;
rare felid or rare canid population numbers and trends; and
the ecological characteristics and requirements of populations of rare felids or rare canids for which there are little or no data;
to promote cooperative projects among government entities, affected local communities, nongovernmental organizations, and other persons in the private sector; or
to ensure that funds will not be appropriated for the purchase or lease of land to be used as suitable habitat for felids or canids.
Project sustainability
In approving project proposals under this section, the Secretary shall give preference to conservation projects that are designed to ensure effective, long-term conservation of rare felids and rare canids and their habitats.
Matching funds
In determining whether to approve project proposals under this section, the Secretary shall give preference to projects any portion of the costs of which will be provided with matching funds.
Project reporting
In general
Each individual or entity that receives assistance under this section for a project shall submit to the Secretary periodic reports (at such intervals as the Secretary considers necessary) that include all information that the Secretary, after consultation with other appropriate government officials, determines to be necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements.
Availability to public
Reports under paragraph (1), and any other documents relating to projects for which financial assistance is provided under this Act, shall be made available to the public.
Limitations
Use for captive breeding or display
Amounts provided as a grant under this Act—
may not be used for captive breeding or display of rare felids and rare canids, other than captive breeding for release into the wild; and
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 feasible.
Ineligible countries
Amounts provided as a grant under this Act may not be expended on any project in a country the government of which has repeatedly provided support for acts of international terrorism, as determined by the Secretary of State pursuant to—
section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)) (or any successor to that Act);
section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)); or
section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)).
Advisory group
In general
To assist in carrying out this Act, the Secretary may establish an advisory group, consisting of individuals representing public and private organizations actively involved in the conservation of felids and canids.
Public participation
Meetings
The advisory group shall—
ensure that each meeting of the advisory group is open to the public; and
provide, at each meeting, an opportunity for interested individuals to present oral or written statements concerning items on the agenda.
Notice
The Secretary shall provide to the public timely notice of each meeting of the advisory group, including the meeting agenda.
Minutes
The minutes of each meeting of the advisory group shall be—
kept by the Secretary; and
made available to the public.
Nonapplicability of Federal Advisory Committee Act
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory group.
Study of conservation status of felid and canid species
In general
Not later than 90 days after the date of enactment of this Act, the Secretary shall initiate a study of felid and canid species listed under the IUCN Red List that are not rare canids or rare felids, respectively, to determine—
the conservation status of each such species in the wild, including identification of any such species that are critically endangered or endangered; and
whether any such species that should be made eligible for assistance under this Act.
Report
Not later than 2 years after date of enactment of this Act, the Secretary shall submit to Congress a report describing the determinations made in the study, including recommendations of additional felid species and canid species that should be made eligible for assistance under this Act.
Authorization of appropriations
There are authorized to be appropriated—
to the Fund, $5,000,000 for each of fiscal years 2010 through 2014 to carry out this Act, other than section 6; and
such sums as are necessary to carry out section 6.
July 20, 2009
Reported without amendment