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[Senate Report 110-211]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 322
110th Congress                                                   Report
                                 SENATE
 1st Session                                                    110-211
======================================================================
 
  MULTINATIONAL SPECIES CONSERVATION FUNDS REAUTHORIZATION ACT OF 2007

                                _______
                                

                October 29, 2007.--Ordered to be printed

                                _______
                                

    Mrs. Boxer, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany H.R. 50]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (H.R. 50) to reauthorize the African Elephant 
Conservation Act and the Rhinoceros and Tiger Conservation Act 
of 1994, having considered the same reports favorably thereon 
without amendment and recommends that the bill do pass.

                    General Statement and Background

    H.R. 50, the Multinational Species Conservation Funds 
Reauthorization Act of 2007, would amend and reauthorize 
through 2012 the African Elephant Conservation Act and the 
Rhinoceros and Tiger Conservation Act. These acts provide for 
the conservation of the rhinoceros, tiger and African elephant, 
three wildlife species 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 these 
endangered species. Some sub-populations of these species may 
be stable or recovering, but most remain extremely vulnerable 
in the wild.
    Rhinoceros--Between 1979 and 1992, black rhinoceros 
declined 96 percent across Asia and Africa, shrinking from over 
1 million animals to approximately 2,300. Sumatran rhinos have 
continued to decline in the past 18 years with only an 
estimated 300 surviving in Malaysia and Indonesia. White rhino, 
however, whose population once declined to about 100 animals, 
is now thought to have recovered to an estimated population of 
11,000. All five rhino species remain subjected to intense 
poaching to supply the illegal global black market for rhino 
horn used mostly in Asian medicine.
    Tiger--Once abundant throughout Asia, wild tigers now 
number between 5,000 to 7,000 animals and live in fragmented 
groups, mostly in protected forests, refuges and national 
parks. Recent surveys indicate that the South China Tiger may 
become extinct. Tiger populations remain subject to severe 
poaching pressure and illegal hunting to fuel a lucrative 
international trade in tiger and tiger parts, mostly in Asia 
for traditional medicines.
    African Elephant--Populations plummeted from an estimated 
10 million to approximately 500,000 between 1900 and 1990. 
Central and East African populations remain highly stressed due 
to increased poaching for ``bushmeat'' and illegal ivory 
markets, civil war and habitat loss. Southern populations have 
stabilized or even recovered. This has heightened hostile 
elephant/human interactions and increased interest within some 
range states to downlist specific populations to CITES Appendix 
II which would allow for permitted trade if it is not 
detrimental to the survival of the species in the wild.
    H.R. 50 would reauthorize through 2012 two international 
wildlife conservation acts, providing matching grants to non-
federal conservation partners. This funding will support field 
conservation projects, such as scientific research, habitat 
enhancement, law enforcement, monitoring and local community 
outreach and education benefiting African elephants, rhinos, 
tigers and their habitats. Continued funding is considered 
essential because future survival in the wild of these 
charismatic species remains tenuous due to increased poaching, 
escalation in illegal trade, spotty local law enforcement, 
habitat loss, political instability and civil strife within 
regions where these animals range. Despite achievements made 
under both programs, current conservation efforts could 
collapse with the cessation of U.S. financial involvement. 
Below is a table describing total funding, grants awarded, 
funds used for administration and total non-federal matching 
amounts for both Acts since their enactments.

----------------------------------------------------------------------------------------------------------------
                                                                      African
                                                                     Elephant     Rhino &  Tiger       Total
----------------------------------------------------------------------------------------------------------------
Total number of grant proposals received........................             428             744           1,172
Total number of grant awards....................................             281             321             602
Percentage of countries with relevant species that receive                  100%             82%             94%
 grants.........................................................
Total amount appropriated by U.S. Congress......................     $17,383,350      $9,497,141     $26,880,491
Total funds distributed through grants..........................     $16,812,798      $9,304,209     $26,117,007
Total funds spent on administration of grants...................        $733,833        $488,335      $1,222,168
Total matching/in-kind funds leveraged through grants...........     $71,729,121     $19,377,873     $91,106,994
----------------------------------------------------------------------------------------------------------------

                     Objectives of the Legislation

    H.R. 50 reauthorizes the African Elephant Conservation Act 
and the Rhinoceros and Tiger Conservation Act of 1994 by 
amending several provisions under current law and extending 
through fiscal year 2011 the authorization of appropriations to 
the African Elephant Conservation Fund and the Rhinoceros and 
Tiger Conservation Fund.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    This section states that the bill may be cited as the 
``Multinational Species Conservation Funds Reauthorization Act 
of 2007.''

Section 2. Reauthorization and amendment of African Elephant 
        Conservation Act

    This section amends the African Elephant Conservation Act 
to 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 revises notice requirements for grants 
approved by the Secretary of the Interior to eliminate 
unnecessary notices to the countries in which the grant 
activity will be conducted. The section also amends the act to 
reauthorize existing funding levels through fiscal year 2012.

Section 3. Reauthorization and amendment of Rhinoceros and Tiger 
        Conservation Act of 1994

    This section amends the Rhinoceros and Tiger Conservation 
Act to make corresponding changes identical to those described 
in section 2.

                          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. 50 
was ordered to be reported without amendment favorably.

                                Hearings

    No committee hearings were held on H.R. 50.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider H.R. 50 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. 50 
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. 50 imposes no 
Federal intergovernmental mandates on State, local or tribal 
governments.

               Congressional Budget Office Cost Estimate

    Summary: H.R. 50 would reauthorize appropriations for 
projects carried out under the African Elephant Conservation 
Act of 1988 and the Rhinoceros and Tiger Conservation Act of 
1994. Specifically, the act would authorize appropriations 
through 2012 for such projects at the existing authorization 
level of up to $15 million annually. The current authorization 
expires at the end of fiscal year 2007. 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. 50 would result in additional 
spending of $68 million over the 2008-2012 period. (An 
additional $7 million would be spent after 2012.) Enacting the 
legislation would not affect direct spending or revenues.
    H.R. 50 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. 50 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.

----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars--
                                                           -----------------------------------------------------
                                                              2007     2008     2009     2010     2011     2012
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending Under Current Law for Multinational Species
 Conservation Funds:
    Budget Authority......................................        3        0        0        0        0        0
    Estimated Outlays:....................................        3        0        0        0        0        0
Proposed Changes:
    Authorization Level...................................        0       15       15       15       15       15
    Estimated Outlays.....................................        0        9       14       15       15       15
Spending Under H.R. 50 for Multinational Species
 Conservation Funds:
    Estimated Authorization Level.........................       15       15       15       15       15       15
    Estimated Outlays.....................................       15        9       14       15       15       15
----------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: H.R. 50 
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 cost estimate: On July 18, 2007, CBO 
transmitted a cost estimate for H.R. 50 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:

           *       *       *       *       *       *       *

                                ------                                

AFRICAN ELEPHANT CONSERVATION ACT

           *       *       *       *       *       *       *

SEC. 2101. PROVISION OF ASSISTANCE.

  (a) In General.--* * *

           *       *       *       *       *       *       *

      (c) Project Review and Approval.--The Secretary shall 
review each project proposal to determine if it meets the 
criteria set forth in subsection (d) and otherwise merits 
assistance under this title. Not later than six months after 
receiving a project proposal, and subject to the availability 
of funds, the Secretary shall approve or disapprove the 
proposal and provide written notification to the person who 
submitted the proposal [and to each country within which the 
project is proposed to be conducted].

           *       *       *       *       *       *       *

SEC. 2306. AUTHORIZATION OF APPROPRIATIONS.

      (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 [2001, 2002, 2003, 2004, 
2005, 2006, and 2007]2007 through 2012 to carry out this title, 
to remain available until expended.
      (b) Administrative Expenses.--Of amounts available each 
fiscal year to carry out this title, 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 title.

           *       *       *       *       *       *       *

RHINOCEROS AND TIGER CONSERVATION ACT OF 1994

           *       *       *       *       *       *       *

SECTION 1. SHORT TITLE.

           *       *       *       *       *       *       *

SEC. 5. RHINOCEROS AND TIGER CONSERVATION ASSISTANCE.

      (a) In General.--* * *

           *       *       *       *       *       *       *

      (c) Project Review and Approval.--Within 30 days of 
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). 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 approve or disapprove the 
proposal and provide written notification to the person who 
submitted the proposal[, to the Administrator, and to each 
country within which the project is to be conducted]and to the 
Administrator.

           *       *       *       *       *       *       *

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

      (a) In General.--There is authorized to be appropriated 
to the Fund $10,000,000 for each of fiscal years [2001, 2002, 
2003, 2004, 2005, 2006, and 2007]2007 through 2012 to carry out 
this Act, to 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.

           *       *       *       *       *       *       *

                                  
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