[Senate Report 110-212]
[From the U.S. Government Publishing Office]
Calendar No. 323
110th Congress Report
SENATE
1st Session 110-212
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ASIAN ELEPHANT CONSERVATION ACT OF 2007
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October 29, 2007.--Ordered to be printed
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Mrs. Boxer, from the Committee on Environment and Public Works,
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 Environment and Public Works, to which was
referred a bill (H.R. 465) to reauthorize the Asian Elephant
Conservation Act of 1997, having considered the same reports
favorably thereon without amendment and recommends that the
bill do pass.
General Statement and Background
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. A significant gender imbalance
complicates recovery efforts.
H.R. 465 would enable this 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 benefiting Asian elephants and their habitat. Future
survival in the wild of this keystone species remains tenuous.
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.
Objectives of the Legislation
H.R. 465 reauthorizes the Asian Elephant Conservation Act
of 1997 by amending several provisions under current law and
increasing and extending through fiscal year 2011 the
authorization of appropriations to the Asian Elephant
Conservation Fund.
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.
Legislative History
On July 24, 2007, after favorable action by the House
Committee on Natural Resources and the House of
Representatives, the bill was received, read twice and referred
to the Senate Committee on Environment and Public Works. The
committee met on July 31, 2007, to consider the bill. H.R. 465
was ordered to be reported without amendment favorably.
Hearings
No committee hearings were held on H.R. 465.
Rollcall Votes
The Committee on Environment and Public Works met to
consider H.R. 465 on July 31, 2007. The bill was ordered
favorably reported by voice vote. No roll call votes were
taken.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that H.R. 465
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 H.R. 465 imposes
no Federal intergovernmental mandates on State, local or tribal
governments.
Congressional Budget Office Cost Estimate
Summary: H.R. 465 would authorize funding for projects
carried out under the Asian Elephant Conservation Act of 1997.
Specifically, the act 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. For 2007, about $1 million was
appropriated to the fund for those purposes.
Assuming appropriation of the authorized amounts, CBO
estimates that the USFWS would spend $23 million over the 2008-
2012 period to carry out the program. (An additional $2 million
would be spent after 2012.) Enacting 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 act would be
appropriated for each fiscal year. Outlay estimates are based
on recent spending patterns for this program.
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By fiscal year, in millions of dollars--
-------------------------------------------------
2008 2009 2010 2011 2012
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level........................................... 5 5 5 5 5
Estimated Outlays............................................. 3 5 5 5 5
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Intergovernmental and private-sector impact: H.R. 465
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of State,
local, or tribal governments.
Previous CBO estimate: On July 18, 2007, CBO transmitted a
cost estimate for H.R. 465, the Asian Elephant Conservation
Reauthorization Act of 2007, as ordered reported by the House
Committee on Natural Resources on June 28, 2007. The two
versions of the legislation are identical, as are the CBO cost
estimates.
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.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, 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:
* * * * * * *
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ASIAN ELEPHANT CONSERVATION ACT OF 1997
* * * * * * *
SEC. 5. ASIAN ELEPHANT CONSERVATION ASSISTANCE.
(a) * * *
* * * * * * *
(c) Project Review and Approval.--
(1) In general.--Within 30 days after receiving a
final project proposal, the Secretary shall provide a
copy of the proposal to the Administrator. The
Secretary shall review each final project proposal to
determine if it meets the criteria set forth in
subsection (d).
(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) request written comments on the
proposal from each country within which the
project is to be conducted;
(B) after requesting those comments,
approve or disapprove the proposal; and
(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.
* * * * * * *