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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3378 Enrolled Bill (ENR)]

        H.R.3378

                       One Hundred Eighth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four

                                 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--
            (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 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 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, 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.

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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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