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[House Report 107-94]
[From the U.S. Government Publishing Office]

107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     107-94

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        ASIAN ELEPHANT CONSERVATION REAUTHORIZATION ACT OF 2001

                                _______
                                

 June 12, 2001.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 700]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 700) to reauthorize the Asian Elephant Conservation Act 
of 1997, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Asian Elephant Conservation 
Reauthorization Act of 2001''.

SEC. 2. REAUTHORIZATION OF ASIAN ELEPHANT CONSERVATION ACT OF 1997.

  Section 7 of the Asian Elephant Conservation Act of 1997 (16 U.S.C. 
4266) is amended by striking ``1998'' and all that follows through 
``2002'' and inserting ``2001, 2002, 2003, 2004, 2005, 2006, and 
2007''.

SEC. 3. LIMITATION ON ADMINISTRATIVE EXPENSES.

  Section 7 of the Asian Elephant Conservation Act of 1997 (16 U.S.C. 
4266) is further amended--
          (1) by striking ``There are authorized'' and inserting ``(a) 
        In General.--There is authorized''; and
          (2) by adding at the end the following:
  ``(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.''.

SEC. 4. COOPERATION.

  The Asian Elephant Conservation Act of 1997 is further amended by 
redesignating section 7 (16 U.S.C. 4266) as section 8, and by inserting 
after section 6 the following:

``SEC. 7. 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 Asian 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.''.

SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.

  (a) Conforming Amendments.--The Asian Elephant Conservation Act of 
1997 is amended as follows:
          (1) Section 4(3) (16 U.S.C. 4263(3)) is amended by striking 
        ``the Asian Elephant Conservation Fund established under 
        section 6(a)'' and inserting ``the account established by 
        division A, section 101(e), title I of Public Law 105-277 under 
        the heading `multinational species conservation fund' ''.
          (2) Section 6 (16 U.S.C. 4265) is amended by striking the 
        section heading and all that follows through ``(d) Acceptance 
        and Use of Donations.--'' and inserting the following:

``SEC. 6. ACCEPTANCE AND USE OF DONATIONS.''.

  (b) Technical Correction.--Title I of section 101(e) of division A of 
Public Law 105-277 (112 Stat. 2681-237) is amended under the heading 
``multinational species conservation fund'' by striking ``Rhinoceros 
and Tiger Conservation Act, subchapter I'' and inserting ``Rhinoceros 
and Tiger Conservation Act of 1994, part I''.

                          Purpose of the Bill

    The purpose of H.R. 700 is to reauthorize the Asian 
Elephant Conservation Act of 1997.

                  Background and Need for Legislation

    The population of Asian elephants living in the wild has 
dramatically fallen to about 40,000 animals. These wild 
populations are located in 13 countries in South and Southeast 
Asia. The largest population of 20,000 Asian elephants, or 50 
percent of the total, reside in India; and the smallest 
population of 40 animals is located in Nepal. What is equally 
distressing is that there are only about 14 populations of 
1,000 or more individual elephants in a contiguous area. Seven 
of these populations are found in Burma and India. In simple 
terms, this means that such drastic population fragmentation 
increases the likelihood of geographic extinctions and greatly 
reduces the long-term viability of the species. In addition, it 
has been estimated that there are about 16,000 domesticated 
elephants.
    The Asian elephant is protected under our Endangered 
Species Act, and is also listed on the Red List of Mammals by 
the IUCN-World Conservation Union and on Appendix I of the 
Convention on International Trade in Endangered Species of Wild 
Fauna and Flora. Under Appendix I, all commercial trade in 
Asian elephant products are prohibited on a worldwide basis.
    In response to this crisis, Congress enacted the Asian 
Elephant Conservation Act of 1997. Under the terms of this law, 
as sponsored by Congressman Jim Saxton, an Asian Elephant 
Conservation Fund was created. This mechanism, modeled after 
the African Elephant and Rhino and Tiger Conservation Funds, 
authorized an appropriation of up to $5 million per year until 
September 30, 2002.
    Congress has appropriated $1.9 million in federal funds to 
the Fund since its enactment into law, which was matched by an 
additional $1.1 million in private donations. This money was 
spent to underwrite 27 conservation grants in nine different 
range countries. The type of projects funded include: 
construction of anti-poaching camps; equipping protected area 
field staff in India; promotion of elephant conservation in 
Asia; resettlement of elephants; school education to support 
Asian elephant conservation; and a study of the mobility 
patterns, population dynamics and feeding patterns of 
elephants.

                            Committee Action

    H.R. 700 was introduced on February 14, 2001, by 
Congressman Jim Saxton (R-NJ). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on Fisheries Conservation, Wildlife and Oceans. On 
March 15, 2001, the Subcommittee held a hearing on the bill. On 
March 29, 2001, the Subcommittee met to mark up the bill. 
Congressman Saxton offered an amendment in the nature of a 
substitute to allow for the establishment of an Advisory Panel 
to assist the Secretary of the Interior in conserving Asian 
elephants and to clarify the amount of administrative expenses 
that may be spent on the program. The amendment was adopted by 
voice vote. The bill, as amended, was then forwarded to the 
Full Committee by voice vote. On May 16, 2001, the full 
Resource Committee met to consider the bill. No further 
amendments were offered and the bill as amended was then 
ordered favorably reported to the House of Representatives by 
unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding Clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII 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 this bill.

                  Compliance With the House Rule XIII

    1. Cost of Legislation.--Clause 3(d)(2) 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 this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act.--As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives.--As required 
by clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to reauthorize appropriations for the 
Asian Elephant Conservation Act.
    4. Congressional Budget Office Cost Estimate.--Under clause 
3(c)(3) of rule XIII 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 this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 18, 2001.
Hon. James V. Hansen,
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. 700, the Asian 
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.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 700--Asian Elephant Conservation Reauthorization Act of 2001

    Summary: H.R. 700 would reauthorize funding for projects 
carried out under the Asian Elephant Conservation Act of 1997. 
Specifically, the bill would authorize appropriations through 
2007 for such projects to the Multinational Species 
Conservation Fund 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 enacting H.R. 700 would result in additional 
discretionary spending of $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. 700 
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. 700 is shown in the following table. 
For this estimate, CBO assumes that the entire amounts 
authorized by the bill would be appropriated for each fiscal 
year. Outlay estimates are based on recent spending patterns 
for this program. The cost of this legislation falls within 
budget function 300 (natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                     -----------------------------------------------------------
                                                        2001      2002      2003      2004      2005      2006
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending under current law:
    Authorization level \1\.........................         1         5         0         0         0         0
    Estimated outlays...............................         1         3         2         0         0         0
Proposed changes:
    Estimated authorization level...................         0         0         5         5         5         5
    Estimated outlays...............................         0         0         3         5         5         5
Spending under H.R. 700:
    Estimated authorization level \1\...............         1         5         5         5         5         5
    Estimated outlays...............................         1         3         5         5         5         5
----------------------------------------------------------------------------------------------------------------
\1\ The 2001 level is the amount appropriated for that year for Asian elephant conservation. The 2002 level is
  the amount authorized under current law.

    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: H.R. 700 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect on the budgets of state, 
local, or tribal governments.
    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.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any state, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) 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):

ASIAN ELEPHANT CONSERVATION ACT OF 1997

           *       *       *       *       *       *       *

SEC. 4. DEFINITIONS.

  In this Act:
          (1) * * *

           *       *       *       *       *       *       *

          (3) The term ``Fund'' means [the Asian Elephant 
        Conservation Fund established under section 6(a)] the 
        account established by division A, section 101(e), 
        title I of Public Law 105-277 under the heading 
        ``multinational species conservation fund''.

           *       *       *       *       *       *       *

[SEC. 6. ASIAN ELEPHANT CONSERVATION FUND.

  [(a) Establishment.--There is established in the general fund 
of the Treasury a separate account to be known as the ``Asian 
Elephant Conservation Fund'', which shall consist of amounts 
deposited into the Fund by the Secretary of the Treasury under 
subsection (b).
  [(b) Deposits Into the Fund.--The Secretary of the Treasury 
shall deposit into the Fund--
          [(1) all amounts received by the Secretary in the 
        form of donations under subsection (d); and
          [(2) other amounts appropriated to the Fund.
  [(c) Use.--
          [(1) In general.--Subject to paragraph (2), the 
        Secretary may use amounts in the Fund without further 
        appropriation to provide assistance under section 5.
          [(2) Administration.--Of amounts in the Fund 
        available for each fiscal year, the Secretary may use 
        not more than 3 percent to administer the Fund.
  [(d) Acceptance and Use of Donations.--]

SEC. 6. ACCEPTANCE AND USE OF DONATIONS.

  The Secretary may accept and use donations to provide 
assistance under section 5. Amounts received by the Secretary 
in the form of donations shall be transferred to the Secretary 
of the Treasury for deposit into the Fund.

SEC. 7. 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 Asian 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.

SEC. [7.] 8. AUTHORIZATION OF APPROPRIATIONS.

  [There are authorized] (a) In General.--There is authorized 
to be appropriated to the Fund $5,000,000 for each of fiscal 
years [1998, 1999, 2000, 2001, and 2002] 2001, 2002, 2003, 
2004, 2005, 2006, and 2007 to carry out this Act, which may 
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, 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 [Rhinoceros 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 
three percent of amounts appropriated to this Fund may be used 
by the Secretary of the Interior to administer the Fund.

           *       *       *       *       *       *       *

                                
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