39–006

105TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 105–59

AFRICAN ELEPHANT CONSERVATION REAUTHORIZATION

ACT OF 1997

APRIL 21, 1997.—Committed to the Committee of the Whole House on the State of

the Union and ordered to be printed

Mr. YOUNG of Alaska, from the Committee on Resources,

submitted the following

REPORT

[To accompany H.R. 39]

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill

(H.R. 39) to reauthorize the African Elephant Conservation Act,

having considered the same, report favorably thereon without

amendment and recommend that the bill do pass.

PURPOSE OF LEGISLATION

The purpose of H.R. 39 is to reauthorize the African Elephant

Conservation Act.

BACKGROUND AND NEED FOR LEGISLATION

In the late 1980s, 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 700,000 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 1980s and far overshadowed the other factors.

To most Americans, elephants have always been majestic creatures loved and admired at zoos throughout this country. To many

African villagers, however, they are a dangerous nuisance that

tramples their crops, drinks their water, and terrorizes their children. Regrettably, in the 1980s, they also offered an opportunity for

villagers to feed their families by killing an elephant for its ivory

and obtaining what was equivalent to a year’s income.
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Furthermore, 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 really only four southern African nations—Botswana, Namibia, South Africa, and Zimbabwe—

that had stable elephant populations and effective conservation

programs. The rest of the continent was fighting a losing 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 was poached, consumer purchases in

the United States accounted for the death of some 27,000 elephants. With the population of African elephants declining by nearly nine 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 this century.

In response to this growing international crisis, Congress enacted

the African Elephant Conservation Act of 1988 (P.L. 100–478). The

major provisions of this landmark law required the Secretary of the

Interior to evaluate on a country-by-country basis the effectiveness

of the elephant conservation program of each ivory-producing nation; prohibited ivory imports from African countries unable to adequately protect their elephants from poaching; required

intermediary countries to stop selling illegally-obtained ivory; established the African Elephant Conservation Fund and authorized

$5 million per year to assist African nations; and required the Secretary of the Interior to examine, within three years, the effectiveness of Public Law 100–478 in halting the importation of illegal

ivory into the United States.

Following the enactment of this law, President George Bush,

using the authority given to him by the African Elephant Conservation Act, banned the importation of all carved elephant ivory

into the United States on June 6, 1989. In addition, on October 11,

1989, the Convention on International Trade in Endangered Species of Wild Fauna and Flora voted overwhelmingly to place the African elephant on its Appendix I list. By so doing, all commercial

trade in elephant products was banned beginning on January 18,

1990. Finally, in 1992, Congress renewed the authority of the Secretary of the Interior to spend money from the African Elephant

Conservation Fund until September 30, 1998. By so doing, Congress is able 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. The African Elephant

Conservation Fund has been the only continuous source of new

money for elephant conservation efforts for the past nine years.

Since the Fund’s creation, Congress has appropriated more than

$7 million to the African Elephant Conservation Fund. This money,

which has generated an additional $8.6 million in private matching

funds, was allocated by the U.S. Fish and Wildlife Service for some

50 conservation projects in 17 range states throughout Africa.

These projects have been sponsored by a diverse group of conservation organizations including: the African Elephant Conservation

Coordinating Group, African Safari Club of Washington, D.C., the

Center for Wildlife Conservation, International Union for the Con-
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servation of Nature, Safari Club International, Southern Africa

Wildlife Trust, Wildlife Conservation Society, and the World Wildlife Fund.

Money allocated from the African Elephant Conservation Fund

has been used to purchase anti-hunting equipment for wildlife

rangers, to create a comprehensive reference library on the African

elephant, to undertake elephant population surveys in various African countries, to develop and implement elephant conservation

plans and to move elephants from certain drought regions. In fact,

the relocation project in Zimbabwe was the first time in history

that such a large number of elephants were successfully moved to

new habitats.

Finally, there are many conservationists who feel that without

the African Elephant Conservation Fund, the African elephant will

once again decline and may disappear from much of its historic

range.

H.R. 39 will extend the authorization of appropriations for the

African Elephant Conservation Fund until September 30, 2002.

This will allow Congress to appropriate money to conserve African

elephants into the next century and to fund additional conservation

projects.

ELEPHANT POPULATIONS

Country 1987 1996

Zaire ................................................................................................................................................. 145,000 65,000

Tanzania ........................................................................................................................................... 100,000 74,000

Gabon ............................................................................................................................................... 76,000 62,000

Congo ............................................................................................................................................... 61,000 32,500

Botswana .......................................................................................................................................... 51,000 81,000

Zimbabwe ......................................................................................................................................... 43,000 67,000

Zambia ............................................................................................................................................. 41,000 20,000

Sudan ............................................................................................................................................... 40,000 44,500

Kenya ................................................................................................................................................ 35,000 20,000

Cameroon ......................................................................................................................................... 21,000 22,000

Central African Republic .................................................................................................................. 19,000 23,000

Mozambique ..................................................................................................................................... — 14,900

Namibia ............................................................................................................................................ — 7,000

South Africa ..................................................................................................................................... — 9,990

Total .................................................................................................................................... 632,000 542,890

Source: African Elephant Specialist Group

AFRICAN ELEPHANT CONSERVATION FUND

Fiscal year Authorization Administration re- quest Appropriation

1989 ................................................................................................. $5 M 0 0

1990 ................................................................................................. 5 M 0 $350,000

1991 ................................................................................................. 5 M $770,000 765,999

1992 ................................................................................................. 5 M 1,201,000 957,000

1993 ................................................................................................. 5 M 1,201,000 1,159,000

1994 ................................................................................................. 5 M 1,169,000 1,137,000

1995 ................................................................................................. 5 M 1,169,000 1,166,767

1996 ................................................................................................. 5 M 1,169,000 600,000

1997 ................................................................................................. 5 M 601,000 1,000,000

1998 ................................................................................................. 5 M 1,000,000
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COMMITTEE ACTION

H.R. 39 was introduced by the Chairman of the Resources Committee, Congressman Don Young (R–AK) and Congressman Randy

(Duke) Cunningham (R–CA) on January 7, 1997, and referred to

the Committee on Resources. Within the Committee, the bill was

referred to the Subcommittee on Fisheries Conservation, Wildlife

and Oceans. On February 4, 1997, the Speaker of the House of

Representatives, Congressman Newt Gingrich (R–GA), cosponsored

the bill.

On March 13, 1997, the Subcommittee on Fisheries Conservation, Wildlife and Oceans conducted a hearing on H.R. 39. Testimony was heard from Congressman Cunningham; Mr. Marshall

Jones, Assistant Director for International Affairs, U.S. Fish and

Wildlife Service, Department of the Interior; Dr. Terry Maple, Director, Zoo Atlanta; the Honorable Ron Marlenee, Director of Legislative Affairs, Safari Club International; Ms. Gina DeFerrari, Director of Traffic, World Wildlife Fund; Dr. Teresa Telecky, Director

of Wildlife Trade Program, Humane Society of the United States;

and Dr. Brian Child, Luangwa Integrated Rural Development Programme, Zambia. There was unanimous support for the enactment

of H.R. 39. In his statement, the representative of the U.S. Fish

and Wildlife Service indicated that the African Elephant Conservation Fund ‘‘provided a critical incentive for governments of the

world, non-governmental organizations, and the private sector to

work together for a common conservation goal. This is not a hand

out, but a helping hand.’’

On March 19, 1997, the Subcommittee on Fisheries Conservation, Wildlife and Oceans considered H.R. 39 in a mark-up session

and ordered it reported favorably, without amendment, to the Full

Committee on Resources by voice vote.

On April 16, 1997, the Full Committee on Resources met to consider H.R. 39. There were no amendments and the Committee ordered the bill favorably reported to the House of Representatives

by voice vote.

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

With respect to the requirements of clause 2(l)(3) of Rule XI of

the Rules of the House of Representatives, and clause 2(b)(1) of

Rule X of the Rules of the House of Representatives, the Committee on Resources’ oversight findings and recommendations are reflected in the body of this report.

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States

grants Congress the authority to enact H.R. 39.

COST OF THE LEGISLATION

Clause 7(a) of Rule XIII of the Rules of the House of Representatives requires an estimate and a comparison by the Committee of

the costs which would be incurred in carrying out H.R. 39. However, clause 7(d) of that Rule provides that this requirement does

not apply when the Committee has included in its report a timely
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submitted cost estimate of the bill prepared by the Director of the

Congressional Budget Office under section 403 of the Congressional

Budget Act of 1974.

COMPLIANCE WITH HOUSE RULE XI

1. With respect to the requirement of clause 2(l)(3)(B) of Rule XI

of the Rules of the House of Representatives and section 308(a) of

the Congressional Budget Act of 1974, H.R. 39 does not contain any

new budget authority, spending authority, credit authority, or an

increase or decrease in revenues or tax expenditures.

2. With respect to the requirements of clause 2(l)(3)(D) of Rule

XI of the Rules of the House of Representatives, the Committee has

received no report of oversight findings and recommendations from

the Committee on Government Reform and Oversight on the subject of H.R. 39.

3. With respect to the requirement of clause 2(l)(3)(C) of Rule XI

of the Rules of the House of Representatives and section 403 of the

Congressional Budget Act of 1974, the Committee has received the

following cost estimate for H.R. 39 from the Director of the Congressional Budget Office.

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

U.S. CONGRESS,

CONGRESSIONAL BUDGET OFFICE,

Washington, DC, April 17, 1997.

Hon. DON YOUNG, Chairman, Committee on Resources,

House of Representatives, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 39, the African Elephant

Conservation Reauthorization Act of 1997.

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

to provide them. The CBO staff contact is Deborah Reis.

Sincerely,

JUNE E. O’NEILL, Director.

Enclosure.

H.R. 39—African Elephant Conservation Reauthorization Act of

1997

SUMMARY

H.R. 39 would reauthorize, through fiscal year 2002, annual appropriations to the African Elephant Conservation Fund at the existing authorization level of up to $5 million. The current authorization expires on September 30, 1998. The Secretary of the Interior uses this fund primarily to help finance research and conservation programs overseas. From its inception in 1991 through 1996,

the fund has spent a total of $7 million in appropriated and donated funds.

Assuming appropriation of the authorized amounts, CBO estimates that enacting H.R. 39 would result in additional discretionary spending of $17 million over the 1999–2002 period. The legislation would not affect direct spending or receipts; therefore, pay-
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as-you-go procedures would not apply. H.R. 39 does not contain any

intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act of 1995, and would have no impact

on the budgets of state, local, or tribal governments.

ESTIMATED COST TO THE FEDERAL GOVERNMENT

The estimated budgetary impact of H.R. 39 is shown in the table

on the following page. The authorization level specified by the bill

is the same as the current authorization but about $4 million higher than annual appropriations have been since this program’s inception.

For purposes of this estimate, CBO assumes that the entire

amounts authorized by H.R. 39 would be appropriated for each of

fiscal years 1999 through 2002. Outlay estimates are based on historical spending patterns for this program.

[In millions of dollars]

Fiscal year—

1997 1998 1999 2000 2001 2002

SPENDING SUBJECT TO APPROPRIATION

Spending under current law:

Authorization level 1 .................................................. 1 5 0 0 0 0

Estimated outlays ..................................................... 2 4 2 1 0 0

Proposed changes:

Authorization level .................................................... 0 0 5 5 5 5

Estimated outlays ..................................................... 0 0 3 4 5 5

Spending under H.R. 39:

Authorization level 1 .................................................. 1 5 5 5 5 5

Estimated outlays ..................................................... 2 4 5 5 5 5

1 The 1997 level is the amount appropriated for that year. The 1998 level is the amount authorized under current law.

The costs of this legislation fall within budget function 300 (natural resources and environment).

Pay-as-you-go considerations: None.

INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

H.R. 39 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act of 1995

and would have no impact on the budgets of state, local, or tribal

governments.

Estimate prepared by: Deborah Reis.

Estimates approved by: Robert S. Sunshine, Deputy Assistant Director for Budget Analysis.

COMPLIANCE WITH PUBLIC LAW 104–4

H.R. 39 contains no unfunded mandates.

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3 of rule XIII of the Rules of the House

of Representatives, 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):
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SECTION 2306 OF THE AFRICAN ELEPHANT

CONSERVATION ACT

SEC. 2306. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Fund and to the

Secretary a total of not to exceed $5,000,000 for each of øfiscal

years 1992, 1993, 1994, 1995, 1996, 1997, and 1998¿ fiscal years

1997, 1998, 1999, 2000, 2001, and 2002 to carry out this title, to

remain available until expended.

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