[House Report 107-94]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-94
======================================================================
ASIAN 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. 700]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 700) to reauthorize the Asian Elephant Conservation Act
of 1997, 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 ``Asian Elephant Conservation
Reauthorization Act of 2001''.
SEC. 2. REAUTHORIZATION OF ASIAN ELEPHANT CONSERVATION ACT OF 1997.
Section 7 of the Asian Elephant Conservation Act of 1997 (16 U.S.C.
4266) is amended by striking ``1998'' and all that follows through
``2002'' and inserting ``2001, 2002, 2003, 2004, 2005, 2006, and
2007''.
SEC. 3. LIMITATION ON ADMINISTRATIVE EXPENSES.
Section 7 of the Asian Elephant Conservation Act of 1997 (16 U.S.C.
4266) 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.
The Asian Elephant Conservation Act of 1997 is further amended by
redesignating section 7 (16 U.S.C. 4266) as section 8, and by inserting
after section 6 the following:
``SEC. 7. 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 Asian 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. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Conforming Amendments.--The Asian Elephant Conservation Act of
1997 is amended as follows:
(1) Section 4(3) (16 U.S.C. 4263(3)) is amended by striking
``the Asian Elephant Conservation Fund established under
section 6(a)'' 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' ''.
(2) Section 6 (16 U.S.C. 4265) is amended by striking the
section heading and all that follows through ``(d) Acceptance
and Use of Donations.--'' and inserting the following:
``SEC. 6. ACCEPTANCE AND USE OF DONATIONS.''.
(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. 700 is to reauthorize the Asian
Elephant Conservation Act of 1997.
Background and Need for Legislation
The population of Asian elephants living in the wild has
dramatically fallen to about 40,000 animals. These wild
populations are located in 13 countries in South and Southeast
Asia. The largest population of 20,000 Asian elephants, or 50
percent of the total, reside in India; and the smallest
population of 40 animals is located in Nepal. What is equally
distressing is that there are only about 14 populations of
1,000 or more individual elephants in a contiguous area. Seven
of these populations are found in Burma and India. In simple
terms, this means that such drastic population fragmentation
increases the likelihood of geographic extinctions and greatly
reduces the long-term viability of the species. In addition, it
has been estimated that there are about 16,000 domesticated
elephants.
The Asian elephant is protected under our Endangered
Species Act, and is also listed on the Red List of Mammals by
the IUCN-World Conservation Union and on Appendix I of the
Convention on International Trade in Endangered Species of Wild
Fauna and Flora. Under Appendix I, all commercial trade in
Asian elephant products are prohibited on a worldwide basis.
In response to this crisis, Congress enacted the Asian
Elephant Conservation Act of 1997. Under the terms of this law,
as sponsored by Congressman Jim Saxton, an Asian Elephant
Conservation Fund was created. This mechanism, modeled after
the African Elephant and Rhino and Tiger Conservation Funds,
authorized an appropriation of up to $5 million per year until
September 30, 2002.
Congress has appropriated $1.9 million in federal funds to
the Fund since its enactment into law, which was matched by an
additional $1.1 million in private donations. This money was
spent to underwrite 27 conservation grants in nine different
range countries. The type of projects funded include:
construction of anti-poaching camps; equipping protected area
field staff in India; promotion of elephant conservation in
Asia; resettlement of elephants; school education to support
Asian elephant conservation; and a study of the mobility
patterns, population dynamics and feeding patterns of
elephants.
Committee Action
H.R. 700 was introduced on February 14, 2001, by
Congressman Jim Saxton (R-NJ). 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 Saxton 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 in conserving Asian
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 forwarded to the
Full Committee by voice vote. On May 16, 2001, the full
Resource 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
Asian 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. 700, the Asian
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. 700--Asian Elephant Conservation Reauthorization Act of 2001
Summary: H.R. 700 would reauthorize funding for projects
carried out under the Asian Elephant Conservation Act of 1997.
Specifically, the bill would authorize appropriations through
2007 for such projects to the Multinational Species
Conservation Fund 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. 700 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. 700
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. 700 is shown in the following table.
For 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 cost of this legislation falls within
budget function 300 (natural resources and environment).
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By fiscal year, in millions of dollars--
-----------------------------------------------------------
2001 2002 2003 2004 2005 2006
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SPENDING SUBJECT TO APPROPRIATION
Spending under current law:
Authorization level \1\......................... 1 5 0 0 0 0
Estimated outlays............................... 1 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. 700:
Estimated authorization level \1\............... 1 5 5 5 5 5
Estimated outlays............................... 1 3 5 5 5 5
----------------------------------------------------------------------------------------------------------------
\1\ The 2001 level is the amount appropriated for that year for Asian 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. 700
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):
ASIAN ELEPHANT CONSERVATION ACT OF 1997
* * * * * * *
SEC. 4. DEFINITIONS.
In this Act:
(1) * * *
* * * * * * *
(3) The term ``Fund'' means [the Asian Elephant
Conservation Fund established under section 6(a)] the
account established by division A, section 101(e),
title I of Public Law 105-277 under the heading
``multinational species conservation fund''.
* * * * * * *
[SEC. 6. ASIAN ELEPHANT CONSERVATION FUND.
[(a) Establishment.--There is established in the general fund
of the Treasury a separate account to be known as the ``Asian
Elephant Conservation Fund'', which shall consist of amounts
deposited into the Fund by the Secretary of the Treasury under
subsection (b).
[(b) Deposits Into the Fund.--The Secretary of the Treasury
shall deposit into the Fund--
[(1) all amounts received by the Secretary in the
form of donations under subsection (d); and
[(2) other amounts appropriated to the Fund.
[(c) Use.--
[(1) In general.--Subject to paragraph (2), the
Secretary may use amounts in the Fund without further
appropriation to provide assistance under section 5.
[(2) Administration.--Of amounts in the Fund
available for each fiscal year, the Secretary may use
not more than 3 percent to administer the Fund.
[(d) Acceptance and Use of Donations.--]
SEC. 6. ACCEPTANCE AND USE OF DONATIONS.
The Secretary may accept and use donations to provide
assistance under section 5. Amounts received by the Secretary
in the form of donations shall be transferred to the Secretary
of the Treasury for deposit into the Fund.
SEC. 7. 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 Asian 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. [7.] 8. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized] (a) In General.--There is authorized
to be appropriated to the Fund $5,000,000 for each of fiscal
years [1998, 1999, 2000, 2001, and 2002] 2001, 2002, 2003,
2004, 2005, 2006, and 2007 to carry out this Act, which may
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.
* * * * * * *