99–010

Calendar No. 250

107TH CONGRESS REPORT

1st Session " ! SENATE 107-104

AFRICAN ELEPHANT CONSERVATION REAUTHORIZATION

ACT OF 2001

NOVEMBER 30, 2001.—Ordered to be printed

Mr. JEFFORDS, from the Committee on Environment and Public

Works, submitted the following

REPORT

[to accompany H.R. 643]

[Including cost estimate of the Congressional Budget Office]

The Committee on Environment and Public Works, to which was

referred a bill (H.R. 643) to reauthorize the African Elephant Conservation Act, having considered the same, reports favorably thereon and recommends that the bill do pass.

General Statement and Background

In the late 1980’s, the population of African elephants declined

by almost half. In 1979, the total elephant population in Africa was

approximately 1.3 million animals. In 1987, fewer than 600,000 African elephants were alive. While drought, disease, and competition

for land use arising from human population growth were threats

to elephant populations, the poaching of elephants for their ivory

tusks reached epidemic proportions in the 1980’s and far overshadowed the other factors.

The destruction of this flagship species was not confined to just

a few countries, but was widespread throughout the African continent. In fact, there were only three southern African nations, Botswana, South Africa and Zimbabwe, that had stable elephant populations and effective conservation programs. The rest of the continent was fighting a battle against poachers who were selling illegally obtained elephant ivory at hugely inflated prices.

As a nation, the United States consumed about 30 percent of the

world’s carved ivory production. Since most experts believed that

nearly 80 percent of all ivory is poached, consumer purchases in

the United States accounted for the deaths of some 27,000 ele-
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phants. With the population of African elephants declining by nearly 9 percent a year, unless this slaughter was stopped, the African

elephant would have been annihilated as a viable population,

throughout much of its range, by the end of the 20th century.

In response to this crisis, the Congress enacted the African Elephant Conservation Act of 1988 (Public Law 100–478). The major

provisions of this law required an evaluation of the effectiveness of

the elephant conservation programs; prohibited ivory imports from

African countries unable to protect their elephants; required countries to stop selling illegal ivory; and established the African Elephant Conservation Fund. The African Elephant Conservation

Fund was established to provide financial support for on-theground elephant conservation efforts throughout range states in Africa.

In 1992 and 1998, Congress renewed the authority of the Secretary of the Interior to spend money from the African Elephant

Conservation Fund until September 30, 2002. The Congress is authorized to appropriate up to $5 million a year to the African Elephant Conservation Fund to provide grant money for various conservation projects to assist this species.

Since its creation, Congress has appropriated more than $11 million to the African Elephant Conservation Fund. This money,

which has generated an additional $53.6 million in private matching funds, has been allocated by the U.S. Fish and Wildlife Service

for 134 conservation projects in 24 range states throughout Africa.

These projects have been sponsored by a diverse group of conservation organizations. Money allocated from the African Elephant Conservation Fund has been used to: assess the impact of elephants on

plant and habitat biodiversity; purchase anti-poaching equipment

for wildlife rangers; control elephant crop damage; create a comprehensive reference library on the African elephant; undertake

elephant population surveys; implement elephant conservation

plans; and move elephants from certain drought regions.

OBJECTIVES OF THE LEGISLATION

The fundamental purpose of H.R. 643 is to extend the authorization of appropriations for the African Elephant Conservation Fund

until September 30, 2007. This will allow Congress to appropriate

money to conserve African elephants and to fund additional

projects. This fund has been the only continuous source of new

money for elephant conservation in the world. In addition, H.R. 643

allows the Secretary of the Interior to convene an advisory group

to assist in carrying out the Act.

SECTION-BY-SECTION ANALYSIS

Section 1. Short Title

This Act may be cited as the ‘‘African Elephant Conservation Reauthorization Act of 2001’’.

Section 2. Reauthorization of African Elephant Conservation Act

Section 2 amends section 2306 of the African Elephant Conservation Act to extend the authorization of the Act through 2007.
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Section 3. Administrative Expenses

Section 3 amends Section 2306 of the African Elephant Conservation Act limiting the amount of money the Secretary may expend on administrative expenses to carry out the Act. Not more

than 3 percent or $80,000, whichever is greater, may be expended

from the amounts available in each fiscal year.

Section 4. Cooperation

Section 4 amends Part I of the African Elephant Conservation

Act by adding Section 2104 authorizing the Secretary to convene an

advisory group of individuals representing public and private organizations actively involved in the conservation of African elephants.

The Secretary shall provide public notice of each meeting of the advisory group. The meetings shall be open to the public and the minutes of the meetings shall be made available to the public. The

Federal Advisory Committee Act shall not apply to the advisory

group authorized under this section.

The creation of a new advisory group will help increase public involvement and Federal and private partnerships. Also, it will provide consistency with the Great Ape Conservation Act and

Neotropical Migratory Bird Conservation Act, both of which were

enacted during the 106th Congress and are administered under the

Multinational Species Conservation Fund, along with the Rhinoceros and Tiger Conservation Act and the Asian Elephant Conservation Act.

Section 5. Project Sustainability

Section 5 amends Section 2101 of the African Elephant Conservation Act to direct the Secretary to give consideration to

projects that will enhance sustainable conservation programs to ensure effective long-term conservation of African elephants when determining whether to approve project proposals. This priority will

help balance the need for projects that directly benefit the species

with projects directed at ensuring the long-term conservation of the

species through local capacity building and institutional development.

Section 6. Technical and Conforming Amendments

Subsection (a) of Section 6 conforming and clerical changes to

Sections 2101, 2102, 2304, and 2305(4) of the African Elephant

Conservation Act.

Subsection (b) makes a technical correction to Title I of section

101(e) of division A of Public Law 105–277.

LEGISLATIVE HISTORY

The bill was referred to the Committee on Environment and Public Works on June 13, 2001. No hearings were held on the bill. On

November 8, 2001, the Committee on Environment and Public

Works met to consider H.R. 643, and agreed to report the bill by

voice vote.

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. 643 does not
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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. 643 would impose no unfunded mandates on State, local, or tribal governments.

COST OF LEGISLATION

Section 403 of the Congressional Budget and Impoundment Control Act requires that a statement of the cost of the reported bill,

prepared by the Congressional Budget Office, be included in the report. That statement follows:

U.S. CONGRESS,

CONGRESSIONAL BUDGET OFFICE,

Washington, DC, November 20, 2001.

Hon. JAMES JEFFORDS, Chairman,

Committee on Environment and Public Works,

U.S. Senate, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 643, the African Elephant

Conservation Reauthorization Act of 2001.

If you wish further details on this estimate, we will be pleased

to provide them. The CBO staff contact is Deborah Reis, who can

be reached at 226–2860.

Sincerely,

DAN L. CRIPPEN.

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

H.R. 643, African Elephant Conservation Reauthorization Act of

2001, As ordered reported by the Senate Committee on Environment and Public Works on November 8, 2001

SUMMARY

H.R. 643 would reauthorize funding for projects carried out

under the African Elephant Conservation Act. Specifically, the act

would authorize annual appropriations for such projects to the

Multinational Species Conservation Fund through 2007 at the existing authorization level of up to $5 million annually. The current

authorization expires after fiscal year 2002. The Secretary of the

Interior uses this fund primarily to help finance research and conservation programs overseas.

Assuming appropriation of the authorized amounts, CBO estimates that implementing H.R. 643 would cost $18 million over the

2003–2006 period. (An additional $7 million would be spent after

2006.) The legislation would not affect direct spending or receipts;

therefore, pay-as-you-go procedures would not apply. H.R. 643 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.
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Estimated Cost to the Federal Government

The estimated budgetary impact of H.R. 643 is shown in the following table. For purposes of this estimate, CBO assumes that the

entire amounts authorized by the act will be appropriated for each

fiscal year. Outlay estimates are based on recent spending patterns

for this program. The costs of this legislation fall within budget

function 300 (natural resources and environment).

By Fiscal Year, in Millions of Dollars

2002 2003 2004 2005 2006

SPENDING SUBJECT TO APPROPRIATION

Spending Under Current Law:.

Budget Authority ................................................................................... 5 0 0 0 0

Estimated Outlays ................................................................................. 1 0 0 0 0

Proposed Changes.

Estimated Authorization Level .............................................................. 0 5 5 5 5

Estimated Outlays ................................................................................. 0 3 5 5 5

Spending Under H.R. 643.

Estimated Authorization Level1 ............................................................. 5 5 5 5 5

Estimated Outlays ................................................................................. 1 3 5 5 5

1 The 2002 level is the amount appropriated for African elephant conservation.

Pay-As-You-Go Considerations: None.

Intergovernmental and Private-Sector Impact

H.R. 643 contains no intergovernmental or private-sector mandates as defined in UMRA and would not affect on the budgets of

state, local, or tribal governments.

Previous CBO Estimate

On May 18, 2001, CBO prepared a cost estimate for H.R. 643 as

ordered reported by the House Committee on Resources on May 16,

2001. The two versions of the legislation are identical, as are the

estimated costs.

Estimate Prepared By: Federal Costs: Deborah Reis; Impact on

State, Local, and Tribal Governments: Marjorie Miller; Impact on

the Private Sector: Lauren Marks.

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 øblack brackets¿, new matter is printed in italic, existing

law in which no change is proposed is shown in roman:

AFRICAN ELEPHANT CONSERVATION ACT

* * * * * * *
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TITLE II--AFRICAN ELEPHANT

CONSERVATION

* * * * * * *

PART I--AFRICAN ELEPHANT CONSERVATION

ASSISTANCE

SEC. 2101. PROVISION OF ASSISTANCE.

(a) IN GENERAL.—The Secretary may provide financial assistance under this part from the øAfrican Elephant Conservation¿

Fund for approved projects for research, conservation, management, or protection of African elephants.

* * * * * * *

(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 that

will enhance sustainable conservation programs to ensure effective

long-term conservation of African elephants.

ø(e)¿ (f) PROJECT REPORTING.—Each entity that receives assistance under this section shall provide such periodic reports to the

Director of the United States Fish and Wildlife Service as the Director considers relevant and appropriate. Each report shall include

all information requested by the Director for evaluating the

progress and success of the project.

øSEC. 2102. AFRICAN ELEPHANT CONSERVATION FUND.

ø(a) Establishment.—There is established in the general fund

of the Treasury a separate account to be known as the ‘‘African

Elephant Conservation Fund’’, which shall consist of amounts deposited into the Fund by the Secretary of the Treasury under subsection (b).

ø(b) Deposits Into Fund.—The Secretary of the Treasury shall

deposit into the Fund—— ø(1) subject to appropriations, all amounts received by the

United States in the form of penalties under section 2204

which are not used to pay rewards under section 2205;

ø(2) amounts received by the Secretary of the Interior in

the form of donations under subsection (d); and

ø(3) other amounts appropriated to the Fund to carry out

this part.

ø(c) Use.—— ø(1) In general.—Subject to paragraph (2), amounts in the

Fund may be used by the Secretary, without further appropriation, to provide assistance under this part.

ø(2) Administration.—Not more than 3 percent of amounts

appropriated to the Fund for a fiscal year may be used by the

Secretary to administer the Fund for that fiscal year.

ø(d) ACCEPTANCE AND USE OF DONATIONS.—¿

SEC. 2102. ACCEPTANCE AND USE OF DONATIONS.

The Secretary may accept and use donations of funds to provide assistance under this part. Amounts received by the Secretary

in the form of such donations shall be transferred by the Secretary

to the Secretary of the Treasury for deposit into the Fund.

* * * * * * *
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SEC. 2104. 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 African 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.

* * * * * * *

PART III—MISCELLANEOUS

* * * * * * *

øSEC. 2304. EFFECTIVENESS OF CITES.

øWithin 3 months after the completion of the 8th Conference

of the Parties to CITES, the Secretary shall determine whether

this title, together with the CITES Ivory Control System, has substantially stopped the importation of illegally harvested ivory into

the United States. If the Secretary determines that the importation

of illegally harvested ivory has not been substantially stopped, the

Secretary shall recommend to the Congress amendments to this

title or other actions that may be necessary to achieve the purposes

of this title, including the establishment of a complete moratorium

on the importation of elephant ivory into the United States.¿

SEC. 2305. DEFINITIONS.

In this title—— (1) * * *

* * * * * * *

(4) the term ‘‘Fund’’ means the øAfrican Elephant Conservation Fund established by section 2102¿ the account established by division A, section 101(e), title I of Public Law 105

277 under the heading ‘‘MULTINATIONAL SPECIES CONSERVATION

FUND’’;

* * * * * * *

SEC. 2306. AUTHORIZATION OF APPROPRIATIONS.

øThere are authorized¿ (a) IN GENERAL.—There is authorized

to be appropriated to the Fund and to the Secretary a total of not

to exceed $5,000,000 for each of fiscal years ø1997, 1998, 1999,

2000, 2001, and 2002¿ 2001, 2002, 2003, 2004, 2005, 2006, and

2007 to carry out this title, to remain available until expended.
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(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, whichever is greater, to pay the administrative expenses necessary to carry out this Act.

DEPARTMENT OF THE INTERIOR AND RELATED

AGENCIES APPROPRIATIONS ACT, 1999

DIVISION A—OMNIBUS CONSOLIDATED APPROPRIATIONS

* * * * * * *

SEC. 101. (a) * * *

* * * * * * *

(e) For programs, projects or activities in the Department of

the Interior and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law

as the regular appropriations Act:

AN ACT Making appropriations for the Department of the Interior and related

agencies for the fiscal year ending September 30, 1999, and for other purposes.

TITLE I—DEPARTMENT OF THE INTERIOR

* * * * * * *

UNITED STATES FISH AND WILDLIFE SERVICE

* * * * * * *

MULTINATIONAL SPECIES CONSERVATION FUND

For expenses necessary to carry out the African Elephant Conservation Act (16 U.S.C. 4201 4203, 4211 4213, 4221 4225, 4241

4245, and 1538), the Asian Elephant Conservation Act of 1997

(Public Law 105 96), and the Rhinoceros and Tiger Conservation

Act of 1994 (16 U.S.C. 5301 5306), $2,000,000, to remain available

until expended: Provided, That unexpended balances of amounts

previously appropriated to the African Elephant Conservation

Fund, Rewards and Operations account, and Rhinoceros and Tiger

Conservation Fund may be transferred to and merged with this appropriation: Provided further, That in fiscal year 1999 and thereafter, donations to provide assistance under section 5304 of the

øRhinoceros and Tiger Conservation Act, subchapter I¿ Rhinoceros

and Tiger Conservation Act of 1994, part I of the African Elephant

Conservation Act, and section 6 of the Asian Elephant Conservation Act of 1997 shall be deposited to this Fund and shall be available without further appropriation: Provided further, That in fiscal

year 1999 and thereafter, all penalties received by the United

States under 16 U.S.C. 4224 which are not used to pay rewards

under 16 U.S.C. 4225 shall be deposited to this Fund to provide assistance under 16 U.S.C. 4211 and shall be available without further appropriation: Provided further, That in fiscal year 1999 and

thereafter, not more than 3 percent of amounts appropriated to this

Fund may be used by the Secretary of the Interior to administer

the Fund.

* * * * * * *

Æ