[Senate Report 108-167]
[From the U.S. Government Publishing Office]
Calendar No. 313
108th Congress Report
SENATE
1st Session 108-167
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MARINE TURTLE CONSERVATION ACT OF 2003
_______
October 17, 2003.--Ordered to be printed
_______
Mr. Inhofe, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[to accompany S. 1210]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 1210) to assist in the conservation of
marine turtles and the nesting habitats of marine turtles in
foreign countries, having considered the same, reports
favorably thereon and recommends that the bill do pass.
General Statement and Background
Marine turtles, once abundant throughout the world, are now
in very serious trouble. Some populations are expected to
become extinct within the next few years. Because marine
turtles are long-lived, late maturing, and highly migratory,
they are particularly vulnerable to human exploitation and
habitat loss. Of the species found in U.S. waters the
Leatherback, Green, Hawksbill, Olive Ridley, Loggerhead, and
Kemp's Ridley turtles-all are listed as endangered or
threatened under the Endangered Species Act. All seven of the
world's species are included in Appendix I of the Convention on
International Trade in Endangered Species of Wild Fauna and
Flora (CITES). The life cycles of marine turtles are very
complex. They depend on a diversity of environments, including
terrestrial sites on sandy beaches where nests are made and
eggs are deposited and left to incubate for about 2 months. The
newly hatched turtles instinctively run to the sea. Some
turtles may spend decades on the high seas before returning to
coastal waters. Dispersing across ocean basins is routine for
many turtles as part of the normal maturation process. Most
species appear to pass through a series of developmental
habitats living in the territorial waters of several sovereign
states. On reaching maturity, which may take as much as half a
century in some populations, the adults migrate between feeding
grounds and breeding grounds. Because marine turtles migrate
far beyond U.S. borders, activities outside the United States
compromise national recovery efforts. While international
projects, largely focused on conservation of nesting beaches,
have in some instances helped foster population recovery, lack
of adequate funding remains a critical stumbling block.
Objectives of the Legislation
This legislation will assist in the recovery and protection
of marine turtles by supporting and providing financial
resources for projects to conserve nesting habitats of marine
turtles in foreign countries and marine turtles while they are
found in such habitats and to address other threats to the
survival of marine turtles.
S. 1210 directs the Secretary of the Interior to establish
a program to review, approve, and fund qualified marine turtle
conservation projects. It authorizes $5 million in annual
appropriations through 2009 to be deposited in a Marine Turtle
Conservation Fund, established for this purpose.
Section-By-Section Analysis
Section 1. Short Title
This Section cites the Act as the ``Marine Turtle
Conservation Act of 2003''.
Sec. 2. Findings and Purposes
This Section elaborates on the congressional findings that:
marine turtle populations have declined to the point that the
long term survival of the populations is in jeopardy; six of
the seven recognized species of marine turtles are listed as
threatened or endangered species under the Endangered Species
Act of 1973 and all seven species have been included in
Appendix I of CITES; marine turtles are particularly vulnerable
to the impacts of human exploitation and habitat loss; illegal
international trade seriously threatens some marine turtle
populations; resources available have not been sufficient to
cope with the continued loss of nesting habitats due to human
activities; marine turtles are flagship species for the
ecosystems in which they are found and are important components
of the ecosystems they inhabit; changes in marine turtle
populations are most reliably indicated by changes in the
numbers of nests and nesting females; and the reduction,
removal, or other effective addressing of the threats to the
long-term viability of populations of marine turtles will
require the joint commitment and effort of countries that have
within their boundaries marine turtle nesting habitats and
others with demonstrated expertise in the conservation of
marine turtles.
In addition, this Section states that the purpose of this
Act is to assist in the recovery and protection of marine
turtles by supporting and providing financial resources for
projects to conserve nesting habitats of marine turtles in
foreign countries and marine turtles while they are found in
such habitats and to address other threats to the survival of
marine turtles.
Sec. 3. Definitions
This Section defines ``CITES'', ``conservation'', ``Fund'',
```marine turtle'', ``Multinational Species Conservation
Fund'', and ``Secretary'' for purposes of this Act.
Sec. 4. Marine Turtle Conservation Assistance
This Section directs the Secretary of the Interior to
provide financial assistance for projects for the conservation
of marine turtles. Projects may be submitted by wildlife
management authorities of foreign countries or other persons or
groups with expertise in the conservation of marine turtles.
The Secretary shall review each project proposal in a timely
manner to determine if the proposal meets the criteria
specified. The Secretary, after consulting with other
appropriate Federal officials, shall consult on the proposal
with the government of each country in which the project is to
be conducted and approve or disapprove the proposal.
The Secretary of the Interior 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. The Secretary shall give
preference to conservation projects that are designed to ensure
effective, long-term conservation of marine turtles and their
nesting habitats and give preference to projects for which
matching funds are available. Each person that receives
assistance under this section for a project shall submit to the
Secretary periodic reports to determine the progress and
success of the project for the purposes of ensuring positive
results, assessing problems, and fostering improvements. These
reports shall be made available to the public.
Sec. 5. Marine Turtle Conservation Fund
This Section establishes the Marine Turtle Conservation
Fund in the Multinational Species Conservation Fund. The
Secretary of the Interior may expend not more than 3 percent or
up to $80,000 for administrative expenses. The Secretary may
accept and use donations to provide assistance under the Act.
Sec. 6. Advisory Group
This Section authorizes the Secretary of the Interior to
convene an advisory group of individuals representing public
and private organizations actively involved in the conservation
of marine turtles. The Secretary shall provide public notice of
each meeting of the advisory group. The meetings shall be open
to the public and the minutes of the meetings shall be made
available to the public. The Federal Advisory Committee Act
shall not apply to the advisory group authorized under this
section.
The creation of an advisory group will help increase public
involvement and Federal and private partnerships. Also, it will
provide consistency with the Great Ape Conservation Act and the
Neotropical Migratory Bird Conservation Act, both of which were
enacted during the 106th Congress and are administered under
the Multinational Species Conservation Fund, along with the
Rhinoceros and Tiger Conservation Act and the Asian Elephant
Conservation Act.
Sec. 7. Authorization of Appropriations
This Section authorizes $5,000,000 for each of fiscal years
2005 through 2009.
Legislative History
S. 1210, the ''Marine Turtle Conservation Act of 2003'' was
introduced on June 9, 2003, by Senator Jim Jeffords, I-VT.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 1210 on July 30, 2003. The committee reported the
bill out of committee by voice vote.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 1210
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 finds that S. 1210 would
impose no Federal intergovernmental unfunded mandates on State,
local, or tribal governments.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 11, 2003.
Hon. James M. Inhofe, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1210, the Marine
Turtle Conservation Act of 2003.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis
who can be reached at 226-2860.
Sincerely,
Douglas Holtz-Eakin
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S. 1210, Marine Turtle Conservation Act of 2003, as ordered reported by
the Senate Committee on Environment and Public Works on July
30, 2003
Summary
S. 1210 would direct the Department of the Interior to
establish a program to protect and conserve marine turtles. The
bill would authorize the appropriation of $5 million a year
over the 2005-2009 period for the department to provide
financial assistance to eligible government agencies,
international or foreign organizations, or private entities
engaged in such activities. CBO estimates that such assistance
would cost $15 million over the 2004-2008 period and $10
million after 2008, assuming appropriation of the authorized
amounts.
S. 1210 also would authorize the department to accept
donations and invest unneeded funds. Amounts earned could be
used without further appropriation for the program. Enacting
this legislation could therefore increase both revenues (from
donations) and direct spending (of interest income and
donations), but CBO estimates that any net change would be
insignificant.
S. 1210 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would have no significant impact on the budgets of State,
local, or tribal governments.
Estimated Cost to the Federal Government
The estimated budgetary impact of S. 1210 is shown in the
following table. For this estimate, CBO assumes that the
legislation will be enacted this fall and that authorized
amounts will be provided as specified in the bill. Estimates of
outlays are based on historical spending patterns for similar
programs. The costs of this legislation fall within budget
function 300 (natural resources and environment).
By Fiscal Year, in Millions of Dollars
------------------------------------------------------------------------
2004 2005 2006 2007 2008
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO
APPROPRIATION
Authorization Level............. 0 5 5 5 5
Estimated Outlays............... 0 1 4 5 5
------------------------------------------------------------------------
Intergovernmental and Private-Sector Impact
S. 1210 contains no intergovernmental or private-sector
mandates as defined in UMRA and would have no significant
impact 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: Jean Talarico.
Estimate Approved By: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Changes to Existing Law
Section 12 of rule XXVI of the Standing Rules of the Senate
requires the committee to publish changes in existing law made
by the bill as reported. Passage of this bill will make no
changes to existing law.