[105th Congress Public Law 96]
[From the U.S. Government Printing Office]

[DOCID: f:publ96.105]

[[Page 2149]]

                      ASIAN ELEPHANT CONSERVATION 
                               ACT OF 1997

[[Page 111 STAT. 2150]]

Public Law 105-96
105th Congress

                                 An Act

   To assist in the conservation of Asian elephants by supporting and 
 providing financial resources for the conservation programs of nations 
    within the range of Asian elephants and projects of persons with 
demonstrated expertise in the conservation of Asian elephants. <<NOTE:  
                     Nov. 19, 1997 -  [H.R. 1787]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Asian Elephant Conservation 
Act of 1997.>> assembled,

SECTION 1. SHORT TITLE. <<NOTE: 16 USC 4261 note.>> 

    This Act may be cited as the ``Asian Elephant Conservation Act of 

SEC. 2. FINDINGS. <<NOTE: 16 USC 4261.>> 

    The Congress finds the following:
            (1) Asian elephant populations in nations within the range 
        of Asian elephants have continued to decline to the point that 
        the long-term survival of the species in the wild is in serious 
            (2) The Asian elephant is listed as an endangered species 
        under section 4 of the Endangered Species Act of 1973 and under 
        appendix I of the Convention on International Trade of 
        Endangered Species of Wild Fauna and Flora.
            (3) Because the challenges facing the conservation of Asian 
        elephants are so great, resources to date have not been 
        sufficient to cope with the continued loss of habitat and the 
        consequent diminution of Asian elephant populations.
            (4) The Asian elephant is a flagship species for the 
        conservation of tropical forest habitats in which it is found 
        and provides the consequent benefit from such conservation to 
        numerous other species of wildlife including many other 
        endangered species.
            (5) Among the threats to the Asian elephant in addition to 
        habitat loss are population fragmentation, human-elephant 
        conflict, poaching for ivory, meat, hide, bones and teeth, and 
        capture for domestication.
            (6) To reduce, remove, or otherwise effectively address 
        these threats to the long-term viability of populations of Asian 
        elephants in the wild will require the joint commitment and 
        effort of nations within the range of Asian elephants, the 
        United States and other countries, and the private sector.

SEC. 3. PURPOSES. <<NOTE: 16 USC 4262.>> 

    The purposes of this Act are the following:
            (1) To perpetuate healthy populations of Asian elephants.

[[Page 111 STAT. 2151]]

            (2) To assist in the conservation and protection of Asian 
        elephants by supporting the conservation programs of Asian 
        elephant range states and the CITES Secretariat.
            (3) To provide financial resources for those programs.

SEC. 4. DEFINITIONS. <<NOTE: 16 USC 4263.>> 

    In this Act:
            (1) The term ``CITES'' means the Convention on International 
        Trade in Endangered Species of Wild Fauna and Flora, signed on 
        March 3, 1973, and its appendices.
            (2) The term ``conservation'' means the use of methods and 
        procedures necessary to bring Asian elephants to the point at 
        which there are sufficient populations in the wild to ensure 
        that the species does not become extinct, including all 
        activities associated with scientific resource management, such 
        as conservation, protection, restoration, acquisition, and 
        management of habitat; research and monitoring of known 
        populations; assistance in the development of management plans 
        for managed elephant ranges; CITES enforcement; law enforcement 
        through community participation; translocation of elephants; 
        conflict resolution initiatives; and community outreach and 
            (3) The term ``Fund'' means the Asian Elephant Conservation 
        Fund established under section 6(a).
            (4) The term ``Secretary'' means the Secretary of the 
            (5) The term ``Administrator'' means the Administrator of 
        the Agency for International Development.


    (a) In General.--The Secretary, subject to the availability of funds 
and in consultation with the Administrator, shall use amounts in the 
Fund to provide financial assistance for projects for the conservation 
of Asian elephants for which final project proposals are approved by the 
Secretary in accordance with this section.
    (b) Project Proposal.--Any relevant wildlife management authority of 
a nation within the range of Asian elephants whose activities directly 
or indirectly affect Asian elephant populations, the CITES Secretariat, 
or any person with demonstrated expertise in the conservation of Asian 
elephants, may submit to the Secretary a project proposal under this 
section. Each proposal shall include the following:
            (1) The name of the individual responsible for conducting 
        the project.
            (2) A succinct statement of the purposes of the project.
            (3) A description of the qualifications of the individuals 
        who will conduct the project.
            (4) An estimate of the funds and time required to complete 
        the project.
            (5) Evidence of support of the project by appropriate 
        governmental entities of countries in which the project will be 
        conducted, if the Secretary determines that the support is 
        required for the success of the project.
            (6) Information regarding the source and amount of matching 
        funding available to the applicant.

[[Page 111 STAT. 2152]]

            (7) Any other information the Secretary considers to be 
        necessary for evaluating the eligibility of the project for 
        funding under this Act.

    (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 
                    (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.

    (d) Criteria for Approval.--The Secretary may approve a final 
project proposal under this section if the project will enhance programs 
for conservation of Asian elephants by assisting efforts to--
            (1) implement conservation programs;
            (2) address the conflicts between humans and elephants that 
        arise from competition for the same habitat;
            (3) enhance compliance with provisions of CITES and laws of 
        the United States or a foreign country that prohibit or regulate 
        the taking or trade of Asian elephants or regulate the use and 
        management of Asian elephant habitat;
            (4) develop sound scientific information on the condition of 
        Asian elephant habitat, Asian elephant population numbers and 
        trends, or the threats to such habitat, numbers, or trends; or
            (5) promote cooperative projects on those topics with other 
        foreign governments, affected local communities, nongovernmental 
        organizations, or others in the private sector.

    (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 which will enhance 
sustainable integrated conservation development programs to ensure 
effective, long-term conservation of Asian elephants.
    (f) Project Reporting.--Each person who receives assistance under 
this section for a project shall provide periodic reports, as the 
Secretary considers necessary, to the Secretary and the Administrator. 
Each report shall include all information required by the Secretary, 
after consulting with the Administrator, for evaluating the progress and 
success of the project.
    (g) Matching Funds.--In determining whether to approve project 
proposals under this section, the Secretary shall give priority to those 
projects for which there exists some measure of matching funds.
    (h) Limitation on Use for Captive Breeding.--Amounts provided as a 
grant under this Act may not be used for captive breeding of Asian 
elephants other than for release in the wild.

[[Page 111 STAT. 2153]]


    (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.--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.


    There are authorized to be appropriated to the Fund $5,000,000 for 
each of fiscal years 1998, 1999, 2000, 2001, and 2002 to carry out this 
Act, which may remain available until expended.

    Approved November 19, 1997.


HOUSE REPORTS: No. 105-266, Pt. 1 (Comm. on Resources).
SENATE REPORTS: No. 105-142 accompanying S. 1287 (Comm. on Environment 
and Public Works).
            Oct. 21, considered and passed House.
            Nov. 8, considered and passed Senate.