PUBLIC LAW 108–266—JULY 2, 2004 118 STAT. 791

Public Law 108–266

108th Congress

An Act

To assist in the conservation of marine turtles and the nesting habitats of marine

turtles in foreign countries.

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 ‘‘Marine Turtle Conservation

Act of 2004’’.

SEC. 2. FINDINGS AND PURPOSES.

(a) FINDINGS.—The Congress finds that—

(1) marine turtle populations have declined to the point

that the long-term survival of the loggerhead, green, hawksbill,

Kemp’s ridley, olive ridley, and leatherback turtle in the wild

is in serious jeopardy;

(2) 6 of the 7 recognized species of marine turtles are

listed as threatened or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and all

7 species have been included in Appendix I of CITES;

(3) because marine turtles are long-lived, late-maturing,

and highly migratory, marine turtles are particularly vulnerable to the impacts of human exploitation and habitat loss;

(4) illegal international trade seriously threatens wild populations of some marine turtle species, particularly the hawksbill

turtle;

(5) the challenges facing marine turtles are immense, and

the resources available have not been sufficient to cope with

the continued loss of nesting habitats caused by human activities and the consequent diminution of marine turtle populations;

(6) because marine turtles are flagship species for the ecosystems in which marine turtles are found, sustaining healthy

populations of marine turtles provides benefits to many other

species of wildlife, including many other threatened or endangered species;

(7) marine turtles are important components of the ecosystems that they inhabit, and studies of wild populations

of marine turtles have provided important biological insights;

(8) changes in marine turtle populations are most reliably

indicated by changes in the numbers of nests and nesting

females; and

(9) the reduction, removal, or other effective addressing

of the threats to the long-term viability of populations of marine

turtles will require the joint commitment and effort of—

16 USC 6601.

Marine Turtle

Conservation Act

of 2004.

16 USC 6601

note.

July 2, 2004

[H.R. 3378]

118 STAT. 792 PUBLIC LAW 108–266—JULY 2, 2004

(A) countries that have within their boundaries marine

turtle nesting habitats; and

(B) persons with expertise in the conservation of

marine turtles.

(b) PURPOSE.—The purpose of this Act is to assist in the conservation of marine turtles and the nesting habitats of marine

turtles in foreign countries by supporting and providing financial

resources for projects to conserve the nesting habitats, conserve

marine turtles in those habitats, and address other threats to

the survival of marine turtles.

SEC. 3. DEFINITIONS.

In this Act:

(1) CITES.—The term ‘‘CITES’’ means the Convention on

International Trade in Endangered Species of Wild Fauna and

Flora (27 UST 1087; TIAS 8249).

(2) CONSERVATION.—The term ‘‘conservation’’ means the

use of all methods and procedures necessary to protect nesting

habitats of marine turtles in foreign countries and of marine

turtles in those habitats, including—

(A) protection, restoration, and management of nesting

habitats;

(B) onsite research and monitoring of nesting populations, nesting habitats, annual reproduction, and species

population trends;

(C) assistance in the development, implementation, and

improvement of national and regional management plans

for nesting habitat ranges;

(D) enforcement and implementation of CITES and

laws of foreign countries to—

(i) protect and manage nesting populations and

nesting habitats; and

(ii) prevent illegal trade of marine turtles;

(E) training of local law enforcement officials in the

interdiction and prevention of—

(i) the illegal killing of marine turtles on nesting

habitat; and

(ii) illegal trade in marine turtles;

(F) initiatives to resolve conflicts between humans and

marine turtles over habitat used by marine turtles for

nesting;

(G) community outreach and education; and

(H) strengthening of the ability of local communities

to implement nesting population and nesting habitat conservation programs.

(3) FUND.—The term ‘‘Fund’’ means the Marine Turtle

Conservation Fund established by section 5.

(4) MARINE TURTLE.—

(A) IN GENERAL.—The term ‘‘marine turtle’’ means any

member of the family Cheloniidae or Dermochelyidae.

(B) INCLUSIONS.—The term ‘‘marine turtle’’ includes—

(i) any part, product, egg, or offspring of a turtle

described in subparagraph (A); and

(ii) a carcass of such a turtle.

(5) MULTINATIONAL SPECIES CONSERVATION FUND.—The

term ‘‘Multinational Species Conservation Fund’’ means the

16 USC 6602.

PUBLIC LAW 108–266—JULY 2, 2004 118 STAT. 793

fund established under the heading ‘‘multinational species conservation fund’’ in title I of the Department of the Interior

and Related Agencies Appropriations Act, 1999 (16 U.S.C.

4246).

(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

SEC. 4. MARINE TURTLE CONSERVATION ASSISTANCE.

(a) IN GENERAL.—Subject to the availability of funds and in

consultation with other Federal officials, the Secretary shall use

amounts in the Fund to provide financial assistance for projects

for the conservation of marine turtles for which project proposals

are approved by the Secretary in accordance with this section.

(b) PROJECT PROPOSALS.— (1) ELIGIBLE APPLICANTS.—A proposal for a project for the

conservation of marine turtles may be submitted to the Secretary by—

(A) any wildlife management authority of a foreign

country that has within its boundaries marine turtle

nesting habitat if the activities of the authority directly

or indirectly affect marine turtle conservation; or

(B) any other person or group with the demonstrated

expertise required for the conservation of marine turtles.

(2) REQUIRED ELEMENTS.—A project proposal shall

include—

(A) a statement of the purposes of the project;

(B) the name of the individual with overall responsibility for the project;

(C) a description of the qualifications of the individuals

that will conduct the project;

(D) a description of—

(i) methods for project implementation and outcome assessment;

(ii) staff and community management for the

project; and

(iii) the logistics of the project;

(E) an estimate of the funds and time required to

complete the project;

(F) evidence of support for the project by appropriate

governmental entities of the countries in which the project

will be conducted, if the Secretary determines that such

support is required for the success of the project;

(G) information regarding the source and amount of

matching funding available for the project; and

(H) any other information that the Secretary considers

to be necessary for evaluating the eligibility of the project

for funding under this Act.

(c) PROJECT REVIEW AND APPROVAL.—

(1) IN GENERAL.—The Secretary shall—

(A) not later than 30 days after receiving a project

proposal, provide a copy of the proposal to other Federal

officials, as appropriate; and

(B) review each project proposal in a timely manner

to determine whether the proposal meets the criteria specified in subsection (d).

(2) CONSULTATION; APPROVAL OR DISAPPROVAL.—Not later

than 180 days after receiving a project proposal, and subject

Records.

Deadlines.

16 USC 6603.

118 STAT. 794 PUBLIC LAW 108–266—JULY 2, 2004

to the availability of funds, the Secretary, after consulting

with other Federal officials, as appropriate, shall—

(A) consult on the proposal with the government of

each country in which the project is to be conducted;

(B) after taking into consideration any comments

resulting from the consultation, approve or disapprove the

project proposal; and

(C) provide written notification of the approval or disapproval to the person that submitted the project proposal,

other Federal officials, and each country described in

subparagraph (A).

(d) CRITERIA FOR APPROVAL.—The Secretary may approve a

project proposal under this section if the project will help recover

and sustain viable populations of marine turtles in the wild by

assisting efforts in foreign countries to implement marine turtle

conservation programs.

(e) PROJECT SUSTAINABILITY.—To the maximum extent practicable, in determining whether to approve project proposals under

this section, the Secretary shall give preference to conservation

projects that are designed to ensure effective, long-term conservation of marine turtles and their nesting habitats.

(f) MATCHING FUNDS.—In determining whether to approve

project proposals under this section, the Secretary shall give preference to projects for which matching funds are available.

(g) PROJECT REPORTING.—

(1) IN GENERAL.—Each person that receives assistance

under this section for a project shall submit to the Secretary

periodic reports (at such intervals as the Secretary may require)

that include all information that the Secretary, after consultation with other government officials, determines is necessary

to evaluate the progress and success of the project for the

purposes of ensuring positive results, assessing problems, and

fostering improvements.

(2) AVAILABILITY TO THE PUBLIC.—Reports under paragraph

(1), and any other documents relating to projects for which

financial assistance is provided under this Act, shall be made

available to the public.

SEC. 5. MARINE TURTLE CONSERVATION FUND.

(a) ESTABLISHMENT.—There is established in the Multinational

Species Conservation Fund a separate account to be known as

the ‘‘Marine Turtle Conservation Fund’’, consisting of—

(1) amounts transferred to the Secretary of the Treasury

for deposit into the Fund under subsection (e);

(2) amounts appropriated to the Fund under section 6;

and

(3) any interest earned on investment of amounts in the

Fund under subsection (c).

(b) EXPENDITURES FROM FUND.—

(1) IN GENERAL.—Subject to paragraph (2), on 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

carry out section 4.

(2) ADMINISTRATIVE EXPENSES.—Of the amounts in the

account available for each fiscal year, the Secretary may expend

not more than 3 percent, or up to $80,000, whichever is greater,

16 USC 6604.

Notification.

PUBLIC LAW 108–266—JULY 2, 2004 118 STAT. 795

to pay the administrative expenses necessary to carry out this

Act.

(c) INVESTMENT OF AMOUNTS.— (1) IN GENERAL.—The Secretary of the Treasury shall invest

such portion of the Fund as is not, in the judgment of the

Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing

obligations of the United States.

(2) ACQUISITION OF OBLIGATIONS.—For the purpose of

investments under paragraph (1), obligations may be acquired—

(A) on original issue at the issue price; or

(B) by purchase of outstanding obligations at the

market price.

(3) SALE OF OBLIGATIONS.—Any obligation acquired by the

Fund may be sold by the Secretary of the Treasury at the

market price.

(4) CREDITS TO FUND.—The interest on, and the proceeds

from the sale or redemption of, any obligations held in the

Fund shall be credited to and form a part of the Fund.

(d) TRANSFERS OF AMOUNTS.— (1) IN GENERAL.—The amounts required to be transferred

to the Fund under this section shall be transferred at least

monthly from the general fund of the Treasury to the Fund

on the basis of estimates made by the Secretary of the Treasury.

(2) ADJUSTMENTS.—Proper adjustment shall be made in

amounts subsequently transferred to the extent prior estimates

were in excess of or less than the amounts required to be

transferred.

(e) ACCEPTANCE AND USE OF DONATIONS.—The Secretary may

accept and use donations to provide assistance under section 4.

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 marine turtles.

(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. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to the Fund $5,000,000

for each of fiscal years 2005 through 2009.

16 USC 6606.

16 USC 6605.

118 STAT. 796 PUBLIC LAW 108–266—JULY 2, 2004

LEGISLATIVE HISTORY—H.R. 3378 (S. 1210):

HOUSE REPORTS: No. 108–507 (Comm. on Resources).

SENATE REPORTS: No. 108–167 accompanying S. 1210 (Comm. on Environment

and Public Works).

CONGRESSIONAL RECORD, Vol. 150 (2004):

June 14, considered and passed House.

June 18, considered and passed Senate.

Æ

SEC. 8. REPORT TO CONGRESS.

Not later than October 1, 2005, the Secretary shall submit

to the Congress a report on the results and effectiveness of the

program carried out under this Act, including recommendations

concerning how this Act might be improved and whether the Fund

should be continued in the future.

Approved July 2, 2004.

Deadline.

16 USC 6607.