[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1771 Engrossed in House (EH)]
110th CONGRESS
2d Session
H. R. 1771
_______________________________________________________________________
AN ACT
To assist in the conservation of cranes by supporting and providing,
through projects of persons and organizations with expertise in crane
conservation, financial resources for the conservation programs of
countries the activities of which directly or indirectly affect cranes
and the ecosystems of cranes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crane Conservation Act of 2008''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to perpetuate healthy populations of cranes;
(2) to assist in the conservation and protection of cranes
by supporting--
(A) conservation programs in countries in which
endangered and threatened cranes occur; and
(B) the efforts of private organizations committed
to helping cranes; and
(3) to provide financial resources for those programs and
efforts.
SEC. 3. DEFINITIONS.
In this Act:
(1) Conservation.--
(A) In general.--The term ``conservation'' means
the use of any method or procedure to improve the
viability of crane populations and the quality of the
ecosystems and habitats on which the crane populations
depend to help the species achieve sufficient
populations in the wild to ensure the long-term
viability of the species.
(B) Inclusions.--The term ``conservation'' includes
the carrying out of any activity associated with
scientific resource management, such as--
(i) protection, restoration, and management
of habitat;
(ii) research and monitoring of known
populations;
(iii) the provision of assistance in the
development of management plans for managed
crane ranges;
(iv) enforcement of the Convention;
(v) law enforcement and habitat protection
through community participation;
(vi) reintroduction of cranes to the wild;
(vii) conflict resolution initiatives; and
(viii) community outreach and education.
(2) Convention.--The term ``Convention'' has the meaning
given the term in section 3 of the Endangered Species Act of
1973 (16 U.S.C. 1532).
(3) Fund.--The term ``Fund'' means the Crane Conservation
Fund established by section 5(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. CRANE CONSERVATION ASSISTANCE.
(a) In General.--Subject to the availability of appropriations and
in consultation with other appropriate Federal officials, the Secretary
shall use amounts in the Fund to provide financial assistance for
projects relating to the conservation of cranes for which project
proposals are approved by the Secretary in accordance with this
section.
(b) Project Proposals.--
(1) Applicants.--
(A) In general.--An applicant described in
subparagraph (B) that seeks to receive assistance under
this section to carry out a project relating to the
conservation of cranes shall submit to the Secretary a
project proposal that meets the requirements of this
section.
(B) Eligible applicants.--An applicant described in
this subparagraph is--
(i) any relevant wildlife management
authority of a country that--
(I) is located within the African,
Asian, European, or North American
range of a species of crane; and
(II) carries out 1 or more
activities that directly or indirectly
affect crane populations;
(ii) the Secretariat of the Convention; and
(iii) any person or organization with
demonstrated expertise in the conservation of
cranes.
(2) Required elements.--A project proposal submitted under
paragraph (1)(A) shall include--
(A) a concise statement of the purpose of the
project;
(B)(i) the name of each individual responsible for
conducting the project; and
(ii) a description of the qualifications of each of
those individuals;
(C) a concise description of--
(i) methods to be used to implement and
assess the outcome of the project;
(ii) staff and community management for the
project; and
(iii) the logistics of the project;
(D) an estimate of the funds and the period of time
required to complete the project;
(E) evidence of support for the project by
appropriate government entities of countries in which
the project will be conducted, if the Secretary
determines that such support is required to ensure the
success of the project;
(F) information regarding the source and amount of
matching funding available for the project; and
(G) any other information that the Secretary
considers to be necessary for evaluating the
eligibility of the project to receive assistance under
this Act.
(c) Project Review and Approval.--
(1) In general.--The Secretary shall--
(A) not later than 30 days after receiving a final
project proposal, provide a copy of the proposal to
other appropriate Federal officials; and
(B) review each project proposal in a timely manner
to determine whether the proposal meets the criteria
described in subsection (d).
(2) Consultation; approval or disapproval.--Not later than
180 days after receiving a project proposal, and subject to the
availability of appropriations, the Secretary, after consulting
with other appropriate Federal officials, shall--
(A) consult on the proposal with the government of
each country in which the project is to be carried out;
(B) after taking into consideration any comments
resulting from the consultation, approve or disapprove
the proposal; and
(C) provide written notification of the approval or
disapproval to--
(i) the applicant that submitted the
proposal;
(ii) other appropriate Federal officials;
and
(iii) each country described in
subparagraph (A).
(d) Criteria for Approval.--The Secretary may approve a project
proposal under this section if the Secretary determines that the
proposed project will enhance programs for conservation of cranes by
assisting efforts to--
(1) implement conservation programs;
(2) address the conflicts between humans and cranes that
arise from competition for the same habitat or resources;
(3) enhance compliance with the Convention and other
applicable laws that--
(A) prohibit or regulate the taking or trade of
cranes; or
(B) regulate the use and management of crane
habitat;
(4) develop sound scientific information on, or methods for
monitoring--
(A) the condition of crane habitat;
(B) crane population numbers and trends; or
(C) the current and projected threats to crane
habitat and population numbers and trends;
(5) promote cooperative projects on the issues described in
paragraph (4) among--
(A) governmental entities;
(B) affected local communities;
(C) nongovernmental organizations; or
(D) other persons in the private sector;
(6) carry out necessary scientific research on cranes;
(7) provide relevant training to, or support technical
exchanges involving, staff responsible for managing cranes or
habitats of cranes, to enhance capacity for effective
conservation; or
(8) reintroduce cranes successfully back into the wild,
including propagation of a sufficient number of cranes required
for this purpose.
(e) Project Sustainability; Matching Funds.--To the maximum extent
practicable, in determining whether to approve a project proposal under
this section, the Secretary shall give preference to a proposed
project--
(1) that is designed to ensure effective, long-term
conservation of cranes and habitats of cranes; or
(2) for which matching funds are available.
(f) Project Reporting.--
(1) In general.--Each person that receives assistance under
this section for a project shall submit to the Secretary, at
such periodic intervals as are determined by the Secretary,
reports that include all information that the Secretary, after
consulting with other appropriate government officials,
determines to be necessary to evaluate the progress and success
of the project for the purposes of--
(A) ensuring positive results;
(B) assessing problems; and
(C) fostering improvements.
(2) Availability to the public.--Each report submitted
under paragraph (1), and any other documents relating to a
project for which financial assistance is provided under this
Act, shall be made available to the public.
SEC. 5. CRANE CONSERVATION FUND.
(a) Establishment.--There is established in the Multinational
Species Conservation Fund established by the matter under the heading
``MULTINATIONAL SPECIES CONSERVATION FUND'' in title I of the
Department of the Interior and Related Agencies Appropriations Act,
1999 (112 Stat. 2681-237; 16 U.S.C. 4246) a separate account to be
known as the ``Crane Conservation Fund'', consisting of--
(1) amounts transferred to the Secretary of the Treasury
for deposit into the Fund under subsection (c); and
(2) amounts appropriated to the Fund under section 7.
(b) Expenditures From Fund.--
(1) In general.--Subject to paragraphs (2) and (3), upon
request by the Secretary, the Secretary of the Treasury shall
transfer from the Fund to the Secretary, without further
appropriation, such amounts as the Secretary determines are
necessary to provide assistance under section 4.
(2) Administrative expenses.--Of the amounts in the Fund
available for each fiscal year, the Secretary may expend not
more than 3 percent, or $150,000, whichever is greater, to pay
the administrative expenses necessary to carry out this Act.
(3) Limitation.--Not more than 20 percent of the amounts
made available from the Fund for any fiscal year may be used
for projects relating to the conservation of North American
crane species.
(c) Acceptance and Use of Donations.--
(1) In general.--The Secretary may accept and use donations
to provide assistance under section 4.
(2) Transfer of donations.--Amounts received by the
Secretary in the form of donations shall be transferred to the
Secretary of the Treasury for deposit in the Fund.
SEC. 6. 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 cranes.
(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. FUNDING.
There is authorized to be appropriated to the Fund $5,000,000 for
each of fiscal years 2009 through 2013, to remain available until
expended.
Passed the House of Representatives May 21, 2008.
Attest:
Clerk.
110th CONGRESS
2d Session
H. R. 1771
_______________________________________________________________________
AN ACT
To assist in the conservation of cranes by supporting and providing,
through projects of persons and organizations with expertise in crane
conservation, financial resources for the conservation programs of
countries the activities of which directly or indirectly affect cranes
and the ecosystems of cranes.