[House Report 110-245]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-245
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ASIAN ELEPHANT CONSERVATION REAUTHORIZATION ACT OF 2007
_______
July 23, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 465]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 465) 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 2007''.
SEC. 2. REAUTHORIZATION AND AMENDMENT OF ASIAN ELEPHANT CONSERVATION
ACT OF 1997.
(a) Notice of Approval of Project Proposal.--Section 5(c)(2)(C) of
the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4264(c)(2)(C))
is amended by striking ``, the Administrator, and each of those
countries'' and inserting ``and the Administrator''.
(b) Administrative Expenses.--Section 8(b) of the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4266(b)) is amended by striking
``$80,000'' and inserting ``$100,000''.
(c) Authorization of Appropriations.--Section 8(a) of the Asian
Elephant Conservation Act of 1997 (16 U.S.C. 4266(a)) is amended by
striking ``2001, 2002, 2003, 2004, 2005, 2006, and 2007'' and inserting
``2007 through 2012''.
Purpose of the Bill
The purpose of H.R. 465, as ordered reported, is to
reauthorize the Asian Elephant Conservation Act.
Background and Need for Legislation
H.R. 465, Asian Elephant Conservation Act of 2007, would
reauthorize through 2012 the Asian Elephant Conservation Act.
Asian elephants are listed on Appendix I of the Convention on
International Trade in Endangered Species of Wild Fauna and
Flora (CITES) which prohibits any international trade of this
endangered species. Some sub-populations of Asian elephant may
be stable or recovering, but most remain extremely vulnerable
in the wild. Fewer than 40,000 Asian elephants remain
throughout the forests and savannahs of Asia. Unlike African
elephants, Asian elephants are captured, tamed and utilized for
timber harvest, forest clearing and agriculture. Approximately
16,000 animals are in captive status. Populations remain under
stress from habitat loss, human encroachment and poaching for
illegal ivory and bushmeat, and a significant gender imbalance
complicates recovery efforts.
H.R. 465 would enable this popular international wildlife
conservation program to continue to receive federal
appropriations through 2012. The program provides matching
grants to non-federal partners for conservation activities,
including scientific research, habitat enhancement, law
enforcement, monitoring and local community outreach and
education benefitting Asian elephants and their habitat. Future
survival in the wild of this keystone wildlife species remains
tenuous within regions where these animals range. Despite
achievements made under this program, the potential exists for
current conservation efforts to collapse with the cessation of
U.S. financial involvement. Since enactment in 1997, the Act
has generated 298 grant proposals; 171 grants totaling
$7,853,831 were subsequently approved. Federal funding has
leveraged an additional $10,362,752 in non-federal matching and
in-kind conservation contributions. The Fish and Wildlife
Service has spent a cumulative $458,335 to administer the Act.
Committee Action
H.R. 465 was introduced on January 12, 2007 by Congressman
James Saxton (R-NJ). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Fisheries, Wildlife and Oceans. On March 13, 2007, the
Subcommittee held a hearing on the bill and received favorable
testimony from several witnesses, including the Administration.
On March 22, 2007, the Subcommittee on Fisheries, Wildlife and
Oceans met to mark up the bill. Congressman Saxton offered an
amendment in the nature of a substitute to increase from
$80,000 to $100,000 the amount authorized for the Fish and
Wildlife Service to administer the program and additionally to
clarify the Secretary of the Interior's notice requirements for
approved grants under the Act. The amendment was adopted by
voice vote. The bill was then forwarded to the Full Committee
as amended by voice vote. On June 28, 2007, the Natural
Resources Committee met to consider the committee print of the
bill as forwarded by the Fisheries Subcommittee. No amendments
were offered and the bill was ordered favorably reported to the
House of Representatives by unanimous consent.
Section-by-Section Analysis
Section 1. Short title
This section states that the bill may be cited as the
``Asian Elephant Conservation Reauthorization Act of 2007.''
Section 2. Reauthorization and amendment of Asian Elephant Conservation
Act
This section amends the African Elephant Conservation Act
to revise notice requirements for grants approved by the
Secretary to eliminate unnecessary notices to the countries in
where the grant activity will be conducted. The section also
would increase funding available to the U.S. Fish and Wildlife
Service to administer the program from $80,000 to $100,000 per
year. The section also reauthorizes the act through fiscal year
2012 at existing funding levels of $5 million per year.
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 Natural 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 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, as ordered reported, is to reauthorize
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:
H.R. 465--Asian Elephant Conservation Reauthorization Act of 2007
Summary: H.R. 465 would reauthorize funding for projects
carried out under the Asian Elephant Conservation Act of 1997.
Specifically, the bill would authorize appropriations through
2012 for such projects at the existing authorization level of
$5 million per year. The current authorization expires after
fiscal year 2007. The U.S. Fish and Wildlife Service (USFWS)
uses this fund primarily to help finance research and
conservation programs overseas.
Assuming appropriation of the authorized amounts, CBO
estimates that the USFWS would spend $23 million over the 2008-
2012 period carry out the program. (An additional $2 million
would be spent after 2012.) The legislation would not affect
direct spending or revenues.
H.R. 465 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. 465 is shown in the following table.
The cost of this legislation falls within budget function 300
(natural resources and environment). 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.
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATIONAuthorization Level................................................ 5 5 5 5 5
Estimated Outlays.................................................. 5 5 5 5 5
----------------------------------------------------------------------------------------------------------------
Intergovernmental and private-sector impact: H.R. 465
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 and David
Reynolds; Impact on State, Local, and Tribal Governments: Leo
Lex; Impact on the Private Sector: Justin Hall.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Earmark Statement
H.R. 465 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
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. 5. ASIAN ELEPHANT CONSERVATION ASSISTANCE.
(a) * * *
* * * * * * *
(c) Project Review and Approval.--
(1) * * *
(2) Consultation; approval or disapproval.--Not later
than 6 months after receiving a final project proposal,
and subject to the availability of funds, the
Secretary, after consulting with the Administrator,
shall--
(A) * * *
* * * * * * *
(C) provide written notification of that
approval or disapproval to the person who
submitted the proposal[, the Administrator, and
each of those countries] and the Administrator.
* * * * * * *
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
the Fund $5,000,000 for each of fiscal years [2001, 2002, 2003,
2004, 2005, 2006, and 2007] 2007 through 2012 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] $100,000, whichever is
greater, to pay the administrative expenses necessary to carry
out this Act.