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    16 USC CHAPTER 62A - ASIAN ELEPHANT CONSERVATION            01/03/2007

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    TITLE 16 - CONSERVATION
    CHAPTER 62A - ASIAN ELEPHANT CONSERVATION

-HEAD-
                 CHAPTER 62A - ASIAN ELEPHANT CONSERVATION             

-MISC1-
    Sec.                                                     
    4261.       Findings.                                             
    4262.       Purposes.                                             
    4263.       Definitions.                                          
    4264.       Asian elephant conservation assistance.               
    4265.       Acceptance and use of donations.                      
    4265a.      Advisory group.                                       
    4266.       Authorization of appropriations.                      

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    16 USC Sec. 4261                                            01/03/2007

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    TITLE 16 - CONSERVATION
    CHAPTER 62A - ASIAN ELEPHANT CONSERVATION

-HEAD-
    Sec. 4261. Findings

-STATUTE-
      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
      jeopardy.
        (2) The Asian elephant is listed as an endangered species under
      section 1533 of this title 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.

-SOURCE-
    (Pub. L. 105-96, Sec. 2, Nov. 19, 1997, 111 Stat. 2150.)

-MISC1-
                       SHORT TITLE OF 2002 AMENDMENT                   
      Pub. L. 107-141, Sec. 1, Feb. 12, 2002, 116 Stat. 13, provided
    that: "This Act [enacting section 4265a of this title, amending
    sections 3709, 4214, 4245, 4246, 4263, 4265, and 4266 of this
    title, and enacting provisions set out as a note under section 4214
    of this title] may be cited as the 'Asian Elephant Conservation
    Reauthorization Act of 2002'."

                                SHORT TITLE                            
      Section 1 of Pub. L. 105-96 provided that: "This Act [enacting
    this chapter] may be cited as the 'Asian Elephant Conservation Act
    of 1997'."

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    16 USC Sec. 4262                                            01/03/2007

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    TITLE 16 - CONSERVATION
    CHAPTER 62A - ASIAN ELEPHANT CONSERVATION

-HEAD-
    Sec. 4262. Purposes

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

-SOURCE-
    (Pub. L. 105-96, Sec. 3, Nov. 19, 1997, 111 Stat. 2150.)

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    16 USC Sec. 4263                                            01/03/2007

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    TITLE 16 - CONSERVATION
    CHAPTER 62A - ASIAN ELEPHANT CONSERVATION

-HEAD-
    Sec. 4263. Definitions

-STATUTE-
      In this chapter:
        (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
      education.
        (3) The term "Fund" means the account established by division
      A, section 101(e), title I of Public Law 105-277 under the
      heading "multinational species conservation fund" [16 U.S.C.
      4246].
        (4) The term "Secretary" means the Secretary of the Interior.
        (5) The term "Administrator" means the Administrator of the
      Agency for International Development.

-SOURCE-
    (Pub. L. 105-96, Sec. 4, Nov. 19, 1997, 111 Stat. 2151; Pub. L. 107-
    141, Sec. 5(a)(1), Feb. 12, 2002, 116 Stat. 14.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Division A, section 101(e), title I of Public Law 105-277,
    referred to in par. (3), is Pub. L. 105-277, div. A, Sec. 101(e)
    [title I], Oct. 21, 1998, 112 Stat. 2681-231, 2681-232. Provisions
    under the heading "multinational species conservation fund" in Pub.
    L. 105-277, Sec. 101(e) [title I] appear at 112 Stat. 2681-237 and
    are classified in part to section 4246 of this title.

-MISC1-
                                AMENDMENTS                            
      2002 - Par. (3). Pub. L. 107-141 substituted "the account
    established by division A, section 101(e), title I of Public Law
    105-277 under the heading 'multinational species conservation fund'
    " for "the Asian Elephant Conservation Fund established under
    section 4265(a) of this title".

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    16 USC Sec. 4264                                            01/03/2007

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    TITLE 16 - CONSERVATION
    CHAPTER 62A - ASIAN ELEPHANT CONSERVATION

-HEAD-
    Sec. 4264. Asian elephant conservation assistance

-STATUTE-
    (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.
        (7) Any other information the Secretary considers to be
      necessary for evaluating the eligibility of the project for
      funding under this chapter.
    (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) of this section.
      (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.
    (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 chapter may not be used
    for captive breeding of Asian elephants other than for release in
    the wild.

-SOURCE-
    (Pub. L. 105-96, Sec. 5, Nov. 19, 1997, 111 Stat. 2151.)

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    16 USC Sec. 4265                                            01/03/2007

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    TITLE 16 - CONSERVATION
    CHAPTER 62A - ASIAN ELEPHANT CONSERVATION

-HEAD-
    Sec. 4265. Acceptance and use of donations

-STATUTE-
      The Secretary may accept and use donations to provide assistance
    under section 4264 of this title. Amounts received by the Secretary
    in the form of donations shall be transferred to the Secretary of
    the Treasury for deposit into the Fund.

-SOURCE-
    (Pub. L. 105-96, Sec. 6, Nov. 19, 1997, 111 Stat. 2153; Pub. L. 107-
    141, Sec. 5(a)(2), Feb. 12, 2002, 116 Stat. 14.)

-MISC1-
                                AMENDMENTS                            
      2002 - Pub. L. 107-141 substituted "Acceptance and use of
    donations" for "Asian Elephant Conservation Fund" as section
    catchline, struck out subsecs. (a) to (c), which related to
    establishment, deposits into, and use of the Asian Elephant
    Conservation Fund, redesignated subsec. (d) as entire section and
    struck out subsec. heading.

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    16 USC Sec. 4265a                                           01/03/2007

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    TITLE 16 - CONSERVATION
    CHAPTER 62A - ASIAN ELEPHANT CONSERVATION

-HEAD-
    Sec. 4265a. Advisory group

-STATUTE-
    (a) In general
      To assist in carrying out this chapter, the Secretary may convene
    an advisory group consisting of individuals representing public and
    private organizations actively involved in the conservation of
    Asian elephants.
    (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.

-SOURCE-
    (Pub. L. 105-96, Sec. 7, as added Pub. L. 107-141, Sec. 4, Feb. 12,
    2002, 116 Stat. 13.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Advisory Committee Act, referred to in subsec. (c),
    is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is
    set out in the Appendix to Title 5, Government Organization and
    Employees.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 7 of Pub. L. 105-96 was renumbered section 8 and
    is classified to section 4266 of this title.

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    16 USC Sec. 4266                                            01/03/2007

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-HEAD-
    Sec. 4266. Authorization of appropriations

-STATUTE-
    (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
    to carry out this chapter, which may remain available until
    expended.
    (b) Administrative expenses
      Of amounts available each fiscal year to carry out this chapter,
    the Secretary may expend not more than 3 percent or $80,000,
    whichever is greater, to pay the administrative expenses necessary
    to carry out this chapter.

-SOURCE-
    (Pub. L. 105-96, Sec. 8, formerly Sec. 7, Nov. 19, 1997, 111 Stat.
    2153; renumbered Sec. 8 and amended Pub. L. 107-141, Secs. 2-4,
    Feb. 12, 2002, 116 Stat. 13.)

-MISC1-
                                AMENDMENTS                            
      2002 - Pub. L. 107-141, Sec. 3, designated existing provisions as
    subsec. (a), inserted heading, substituted "There is authorized"
    for "There are authorized", and added subsec. (b).
      Pub. L. 107-141, Sec. 2, substituted "2001, 2002, 2003, 2004,
    2005, 2006, and 2007" for "1998, 1999, 2000, 2001, and 2002".

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