[House Report 107-93]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-93
======================================================================
AFRICAN ELEPHANT CONSERVATION REAUTHORIZATION ACT OF 2001
_______
June 12, 2001.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 643]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 643) to reauthorize the African Elephant Conservation
Act, having considered the same, report favorably thereon with
an amendment and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``African Elephant Conservation
Reauthorization Act of 2001''.
SEC. 2. REAUTHORIZATION OF AFRICAN ELEPHANT CONSERVATION ACT.
Section 2306 of the African Elephant Conservation Act (16 U.S.C.
4245) is amended by striking ``1997'' and all that follows through
``2002'' and inserting ``2001, 2002, 2003, 2004, 2005, 2006, and
2007''.
SEC. 3. ADMINISTRATIVE EXPENSES.
Section 2306 of the African Elephant Conservation Act (16 U.S.C.
4245) is further amended--
(1) by striking ``There are authorized'' and inserting ``(a)
In General.--There is authorized''; and
(2) by adding at the end the following:
``(b) Administrative Expenses.--Of amounts available each fiscal year
to carry out this Act, the Secretary may expend not more than 3 percent
or $80,000, whichever is greater, to pay the administrative expenses
necessary to carry out this Act.''.
SEC. 4. COOPERATION.
Part I of the African Elephant Conservation Act (16 U.S.C. 4211 et
seq.) is further amended by adding at the end the following:
``SEC. 2104. 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 African elephants.
``(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.''.
SEC. 5. PROJECT SUSTAINABILITY.
Section 2101 of the African Elephant Conservation Act (16 U.S.C.
4211) is amended by redesignating subsection (e) as subsection (f), and
by inserting after subsection (d) the following:
``(e) Project Sustainability.--To the maximum extent practical, in
determining whether to approve project proposals under this section,
the Secretary shall give consideration to projects that will enhance
sustainable conservation programs to ensure effective long-term
conservation of African elephants.''.
SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Conforming and Clerical Amendments.--The African Elephant
Conservation Act is amended as follows:
(1) Section 2101(a) (16 U.S.C. 4211(a)) is amended by
striking ``African Elephant Conservation''.
(2) Section 2102 (16 U.S.C. 4212) is amended by striking the
section heading and all that follows through ``(d) Acceptance
and Use of Donations.--'' and inserting the following:
``SEC. 2102. ACCEPTANCE AND USE OF DONATIONS.''.
(3) Section 2304 (16 U.S.C. 4243) is repealed.
(4) Section 2305(4) (16 U.S.C. 4244(4)) is amended by
striking ``the African Elephant Conservation Fund established
by section 2102'' and inserting ``the account established by
division A, section 101(e), title I of Public Law 105-277 under
the heading `multinational species conservation fund' ''.
(b) Technical Correction.--Title I of section 101(e) of division A of
Public Law 105-277 (112 Stat. 2681-237) is amended under the heading
``multinational species conservation fund'' by striking ``Rhinoceros
and Tiger Conservation Act, subchapter I'' and inserting ``Rhinoceros
and Tiger Conservation Act of 1994, part I''.
Purpose of the Bill
The purpose of H.R. 643 is to reauthorize the African
Elephant Conservation Act.
Background and Need for Legislation
In the late 1980s, the population of African elephants
declined by almost half. In 1979, the total elephant population
in Africa was approximately 1.3 million animals. In 1987, fewer
than 600,000 African elephants were alive. While drought,
disease, and competition for land use arising from human
population growth were threats to elephant populations, the
poaching of elephants for their ivory tusks reached epidemic
proportions in the 1980s and far overshadowed the other
factors.
The destruction of this flagship species was not confined
to just a few countries, but was widespread throughout the
African continent. In fact, there were only three southern
African nations, Botswana, South Africa and Zimbabwe, that had
stable elephant populations and effective conservation
programs. The rest of the continent was fighting a losing
battle against poachers who were selling illegally obtained
elephant ivory at hugely inflated prices.
As a nation, the United States consumed about 30 percent of
the world's carved ivory production. Since most experts
believed that nearly 80 percent of all ivory is poached,
consumer purchases in the United States accounted for the
deaths of some 27,000 elephants. With the population of African
elephants declining by nearly nine percent a year, unless this
slaughter was stopped, the African elephant would have been
annihilated as a viable population, throughout much of its
range, by the end of the 20th century.
In response to this crisis, the Congress enacted the
African Elephant Conservation Act of 1988 (Public Law 100-478).
The major provisions of this law required an evaluation of the
effectiveness of the elephant conservation programs; prohibited
ivory imports from African countries unable to protect their
elephants; required countries to stop selling illegal ivory;
and established the African Elephant Conservation Fund.
In 1992 and 1998, Congress renewed the authority of the
Secretary of the Interior to spend money from the African
Elephant Conservation Fund until September 30, 2002. By so
doing, the Congress is able to appropriate up to $5 million a
year to the African Elephant Conservation Fund to provide grant
money for various conservation projects to assist this species.
The fundamental purpose of H.R. 643 is to extend the
authorization of appropriations for the African Elephant
Conservation Fund until September 30, 2007. This will allow
Congress to appropriate money to conserve African elephants and
to fund additional projects. This fund has been the only
continuous source of new money for elephant conservation in the
world.
Since its creation, Congress has appropriated more than
$11.9 million to the African Elephant Conservation Fund. This
money, which has generated an additional $51.7 million in
private matching funds, was allocated by the U.S. Fish and
Wildlife Service for some 113 conservation projects in 22 range
states throughout Africa.
These projects have been sponsored by a diverse group of
conservation organizations. Money allocated from the African
Elephant Conservation Fund has been used to: assess the impact
of elephants on plant and habitat biodiversity; purchase anti-
poaching equipment for wildlife rangers; control elephant crop
damage; create a comprehensive reference library on the African
Elephant; undertake elephant population surveys; implement
elephant conservation plans and move elephants from certain
drought regions.
The Committee strongly condemns the actions of poachers and
miners in the Democratic Republic of the Congo who are
systematically killing thousands of African elephants and
endangered Eastern lowland gorillas. In their quest to obtain
the highly prized mineral colombo tantalite, these miners have
slaughtered thousands of wildlife for the illegal commercial
bushmeat trade. In the Garamba National Park in the Congo,
7,000 elephants have been poached since 1995. Unless immediate
steps are taken, these two species will be eliminated from this
critical habitat. The international community must not allow
this monumental tragedy to continue in the future.
Committee Action
H.R. 643 was introduced on February 14, 2001, by
Congressman Wayne T. Gilchrest (R-MD). The bill was referred to
the Committee on Resources, and within the Committee to the
Subcommittee on Fisheries Conservation, Wildlife and Oceans. On
March 15, 2001, the Subcommittee held a hearing on the bill. On
March 29, 2001, the Subcommittee met to mark up the bill.
Congressman Gilchrest offered an amendment in the nature of a
substitute to allow for the establishment of an Advisory Panel
to assist the Secretary of the Interior, to encourage the
issuance of grants for long-term sustainable conservation of
African elephants, and to clarify the amount of administrative
expenses that may be spent on the program. The amendment was
adopted by voice vote. The bill, as amended, was then ordered
favorably reported to the Full Committee by voice vote. On May
16, 2001, the full Resources Committee met to consider the
bill. No further amendments were offered and the bill as
amended was then ordered favorably reported to the House of
Representatives by unanimous consent.
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 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 the 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 that this 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 appropriations for the
African Elephant Conservation Act.
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:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 18, 2001.
Hon. James V. Hansen,
Chairman, Committee on Resources, House of Representatives, Washington,
DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 643, the African
Elephant Conservation Reauthorization Act of 2001.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 643--African Elephant Conservation Reauthorization Act of 2001
Summary: H.R. 643 would reauthorize funding for projects
carried out under the African Elephant Conservation Act.
Specifically, the bill would authorize annual appropriations
for such projects to the Multinational Species Conservation
Fund through 2007 at the existing authorization level of up to
$5 million annually. The current authorization expires after
fiscal year 2002. The Secretary of the Interior uses this fund
primarily to help finance research and conservation programs
overseas.
Assuming appropriation of the authorized amounts, CBO
estimates that enacting H.R. 643 would result in additional
discretionary spending of $18 million over the 2003-2006
period. (An additional $7 million would be spent after 2006.)
The legislation would not affect direct spending or receipts;
therefore, pay-as-you-go procedures would not apply. H.R. 643
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act (UMRA) and would
not affect the budgets of state, local, or tribal governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 643 is shown in the following table.
For purposes of this estimate, CBO assumes that the entire
amounts authorized by the bill would be appropriated for each
fiscal year. Outlay estimates are based on recent spending
patterns for this program. The costs of this legislation fall
within budget function 300 (natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------
2001 2002 2003 2004 2005 2006
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending under current law:
Authorization level \1\......................... 1 5 0 0 0 0
Estimated outlays............................... 3 3 2 0 0 0
Proposed changes:
Estimated authorization level................... 0 0 5 5 5 5
Estimated outlays............................... 0 0 3 5 5 5
Spending under H.R. 643:
Estimated authorization level \1\............... 1 5 5 5 5 5
Estimated outlays............................... 3 3 5 5 5 5
----------------------------------------------------------------------------------------------------------------
\1\ The 2001 level is the amount appropriated for that year for African elephant conservation. The 2002 level is
the amount authorized under current law.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: H.R. 643
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect on the budgets of State,
local, or tribal governments.
Estimate prepared by: Federal costs: Deborah Reis; impact
on State, local, and tribal governments: Marjorie Miller;
impact on the private sector: Lauren Marks.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
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):
AFRICAN ELEPHANT CONSERVATION ACT
* * * * * * *
TITLE II--AFRICAN ELEPHANT CONSERVATION
* * * * * * *
PART I--AFRICAN ELEPHANT CONSERVATION ASSISTANCE
SEC. 2101. PROVISION OF ASSISTANCE.
(a) In General.--The Secretary may provide financial
assistance under this part from the [African Elephant
Conservation] Fund for approved projects for research,
conservation, management, or protection of African elephants.
* * * * * * *
(e) Project Sustainability.--To the maximum extent practical,
in determining whether to approve project proposals under this
section, the Secretary shall give consideration to projects
that will enhance sustainable conservation programs to ensure
effective long-term conservation of African elephants.
[(e)] (f) Project Reporting.--Each entity that receives
assistance under this section shall provide such periodic
reports to the Director of the United States Fish and Wildlife
Service as the Director considers relevant and appropriate.
Each report shall include all information requested by the
Director for evaluating the progress and success of the
project.
[SEC. 2102. AFRICAN ELEPHANT CONSERVATION FUND.
[(a) Establishment.--There is established in the general fund
of the Treasury a separate account to be known as the ``African
Elephant Conservation Fund'', which shall consist of amounts
deposited into the Fund by the Secretary of the Treasury under
subsection (b).
[(b) Deposits Into Fund.--The Secretary of the Treasury shall
deposit into the Fund--
[(1) subject to appropriations, all amounts received
by the United States in the form of penalties under
section 2204 which are not used to pay rewards under
section 2205;
[(2) amounts received by the Secretary of the
Interior in the form of donations under subsection (d);
and
[(3) other amounts appropriated to the Fund to carry
out this part.
[(c) Use.--
[(1) In general.--Subject to paragraph (2), amounts
in the Fund may be used by the Secretary, without
further appropriation, to provide assistance under this
part.
[(2) Administration.--Not more than three percent of
amounts appropriated to the Fund for a fiscal year may
be used by the Secretary to administer the Fund for
that fiscal year.
[(d) Acceptance and Use of Donations.--]
SEC. 2102. ACCEPTANCE AND USE OF DONATIONS.
The Secretary may accept and use donations of funds to
provide assistance under this part. Amounts received by the
Secretary in the form of such donations shall be transferred by
the Secretary to the Secretary of the Treasury for deposit into
the Fund.
* * * * * * *
SEC. 2104. 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 African elephants.
(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.
* * * * * * *
PART III--MISCELLANEOUS
* * * * * * *
[SEC. 2304. EFFECTIVENESS OF CITES.
[Within 3 months after the completion of the 8th Conference
of the Parties to CITES, the Secretary shall determine whether
this title, together with the CITES Ivory Control System, has
substantially stopped the importation of illegally harvested
ivory into the United States. If the Secretary determines that
the importation of illegally harvested ivory has not been
substantially stopped, the Secretary shall recommend to the
Congress amendments to thistitle or other actions that may be
necessary to achieve the purposes of this title, including the
establishment of a complete moratorium on the importation of elephant
ivory into the United States.]
SEC. 2305. DEFINITIONS.
In this title--
(1) * * *
* * * * * * *
(4) the term ``Fund'' means [the African Elephant
Conservation Fund established by section 2102] the
account established by division A, section 101(e),
title I of Public Law 105-277 under the heading
``multinational species conservation fund'';
* * * * * * *
SEC. 2306. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized] (a) In General.--There is authorized
to be appropriated to the Fund and to the Secretary a total of
not to exceed $5,000,000 for each of fiscal years [1997, 1998,
1999, 2000, 2001, and 2002] 2001, 2002, 2003, 2004, 2005, 2006,
and 2007 to carry out this title, to remain available until
expended.
(b) Administrative Expenses.--Of amounts available each
fiscal year to carry out this Act, the Secretary may expend not
more than 3 percent or $80,000, whichever is greater, to pay
the administrative expenses necessary to carry out this Act.
----------
DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT,
1999
DIVISION A--OMNIBUS CONSOLIDATED APPROPRIATIONS
* * * * * * *
Sec. 101. (a) * * *
* * * * * * *
(e) For programs, projects or activities in the Department
of the Interior and Related Agencies Appropriations Act, 1999,
provided as follows, to be effective as if it had been enacted
into law as the regular appropriations Act:
AN ACT Making appropriations for the Department of the Interior and
related agencies for the fiscal year ending September 30, 1999, and for
other purposes.
TITLE I--DEPARTMENT OF THE INTERIOR
* * * * * * *
United States Fish and Wildlife Service
* * * * * * *
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225,
4241-4245, and 1538), the Asian Elephant Conservation Act of
1997 (Public Law 105-96), and the Rhinoceros and Tiger
Conservation Act of 1994 (16 U.S.C. 5301-5306), $2,000,000, to
remain available until expended: Provided, That unexpended
balances of amounts previously appropriated to the African
Elephant Conservation Fund, Rewards and Operations account, and
Rhinoceros and Tiger Conservation Fund may be transferred to
and merged with this appropriation: Provided further, That in
fiscal year 1999 and thereafter, donations to provide
assistance under section 5304 of the [Rhinoceros and Tiger
Conservation Act, subchapter I] Rhinoceros and Tiger
Conservation Act of 1994, part I of the African Elephant
Conservation Act, and section 6 of the Asian Elephant
Conservation Act of 1997 shall be deposited to this Fund and
shall be available without further appropriation: Provided
further, That in fiscal year 1999 and thereafter, all penalties
received by the United States under 16 U.S.C. 4224 which are
not used to pay rewards under 16 U.S.C. 4225 shall be deposited
to this Fund to provide assistance under 16 U.S.C. 4211 and
shall be available without further appropriation: Provided
further, That in fiscal year 1999 and thereafter, not more than
three percent of amounts appropriated to this Fund may be used
by the Secretary of the Interior to administer the Fund.
* * * * * * *