79–006 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 111–200 

MARINE TURTLE CONSERVATION REAUTHORIZATION ACT 

OF 2009 

JULY 10, 2009.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 509] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 509) to reauthorize the Marine Turtle Conservation Act 

of 2004, having considered the same, report favorably thereon with 

amendments and recommend that the bill as amended do pass. 

The amendments are as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Marine Turtle Conservation Reauthorization Act of 

2009’’. 

SEC. 2. AMENDMENTS TO PROVISIONS PREVENTING FUNDING OF PROJECTS IN THE UNITED 

STATES. 

(a) IN GENERAL.—The Marine Turtle Conservation Act of 2004 is amended— 

(1) in section 2(b) (16 U.S.C. 6601(b)), by striking ‘‘in foreign countries’’; 

(2) in section 3(2) (16 U.S.C. 6602(2))— 

(A) in the matter preceding subparagraph (A), by striking ‘‘in foreign 

countries’’; and 

(B) in subparagraph (D), by striking ‘‘of foreign countries’’; and 

(3) in section 4 (16 U.S.C. 6603)— 

(A) in subsection (b)(1)(A), by inserting ‘‘State or’’ before ‘‘foreign country’’; and 

(B) in subsection (d), by striking ‘‘in foreign countries’’; 

(b) STATE DEFINED.—Section 3 of such Act (16 U.S.C. 6602) is amended by adding 

at the end the following new paragraph: 

‘‘(7) STATE.—The term ‘State’ means each of the several States of the United 

States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin 

Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana 

Islands, any other territory or possession of the United States, and any Indian 

tribe.’’. 

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SEC. 3. LIMITATIONS ON EXPENDITURES. 

Section 5(b) of the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6604(b)) is 

amended— 

(1) in paragraph (2), by striking ‘‘$80,000’’ and inserting ‘‘$150,000’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(3) LIMITATION ON PROJECTS IN THE UNITED STATES.—Not more than 20 percent of the amounts made available from the Fund for any fiscal year may be 

used for projects relating to the conservation of marine turtles in the United 

States.’’. 

SEC. 4. REAUTHORIZATION OF THE MARINE TURTLE CONSERVATION ACT OF 2004. 

Section 7 of the Marine Turtle Conservation Act of 2004 (16 U. S. C. 6606) is 

amended by striking ‘‘each of fiscal years 2005 through 2009’’ and inserting ‘‘each 

of fiscal years 2009 through 2014’’. 

Amend the title so as to read: 

A bill to reauthorize the Marine Turtle Conservation Act of 2004, and for other 

purposes. 

PURPOSE OF THE BILL

The purpose of H.R. 509, as ordered reported, is to reauthorize 

the Marine Turtle Conservation Act of 2004, and for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

Marine sea turtles have existed in the world’s oceans for more 

than 100 million years. They are air-breathing reptiles that are 

found in tropical and subtropical seas throughout the world. It is 

generally accepted that there are seven distinct species of marine 

turtles. The six species that are found in waters of the United 

States and its territories and possessions include the green, 

hawksbill, Kemp’s Ridley, leatherback, loggerhead and olive ridley. 

As a result of intentional and accidental capture in fisheries, the 

destruction of essential nesting habitat through coastal development, poaching of eggs, meat and shells, entanglement in marine 

debris, ship strike and ocean pollution, the future of several marine 

turtle species is now in serious jeopardy. In June of 1994, 19 members of the Marine Turtle Specialist Group of the Species Survival 

Commission of the International Union for Conservation of Nature 

and Natural Resources met in Puerto Vallarta, Mexico. They produced a document entitled Global Strategy for the Conservation of 

Marine Turtles, which outlined various strategies to save these species from extinction. One of its recommendations was to augment 

existing funding to promote the conservation of marine turtles and 

marine turtle nesting habitat. Additional resources would allow the 

funding of various projects, including activities such as mapping 

the distribution of nesting beaches, monitoring the trade in turtle 

products, greater use of satellite telemetry to track the movement 

of sea turtles, more robust assistance to support law enforcement 

efforts to stop poaching, and educational outreach for those communities that provide nesting habitat for marine turtles. 

In response to these recommendations, in 2004 Congress passed 

the Marine Turtle Conservation Act (Public Law 108–266). This 

law, patterned after other similar laws authorizing additional wildlife conservation funds in the Multinational Species Conservation 

Fund, authorized $25 million over a five-year period to support 

project grants to conserve, protect and recover marine turtle populations. In Fiscal Year 2008 the U.S. Fish and Wildlife Service 

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awarded 24 project grants under this program, which generated an 

additional $1.2 million in non-federal matching contributions. 

COMMITTEE ACTION

H.R. 509 was introduced on January 14, 2009 by Representative 

Henry E. Brown, Jr. (R–SC). The bill was referred to the Committee on Natural Resources, and within the Committee to the 

Subcommittee on Insular Affairs, Oceans and Wildlife. On May 5, 

2009 the Subcommittee held a hearing on the bill; invited witnesses all expressed support for reauthorization of the Act. 

On June 10, 2009, the Subcommittee was discharged from further consideration of H.R. 509 and the Full Natural Resources 

Committee met to consider the bill. Rep. Brown offered an amendment in the nature of a substitute to make amend the Act to authorize project grants in the United States; to allow no more than 

twenty percent of the funds made available each year to support 

grants projects in the United States; and, to increase the annual 

allowance for program administration to be three percent of the 

amounts made available or $150,000, whichever is greater. The 

amendment was adopted by unanimous consent. The bill, as 

amended, was then ordered favorably reported to the House of Representatives by unanimous consent. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 provides that this Act may be cited as the ‘‘Marine Turtle Conservation Reauthorization Act of 2009.’’ 

Section 2. Amendments to provisions preventing funding of projects 

in the United States 

Section 2 provides for the expansion of marine turtle conservation assistance under the Marine Turtle Conservation Act of 2004 

to include the United States and its territories. 

Section 3. Limitations on expenditures 

Section 3 authorizes an increase in administrative expenses from 

$80,000 to $150,000 and limits funds made available for projects 

relating to the conservation of marine turtles in the United States 

to no more than 20 percent of the Marine Turtle Conservation fund 

for any fiscal year. 

Section 4. Reauthorization of the Marine Turtle Conservation Act of 

2004 

Section 4 amends section 7 of the Marine Turtle Conservation 

Act of 2004 to reauthorize appropriations to the Marine Turtle 

Conservation Fund for fiscal years 2009 through 2014. 

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 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

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CONSTITUTIONAL AUTHORITY STATEMENT

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

grants Congress the authority to enact this bill. 

COMPLIANCE WITH 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 the Marine Turtle Conservation Act of 

2004, and for other purposes. 

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: 

H.R. 509—Marine Turtle Conservation Reauthorization Act of 2009 

Summary: H.R. 509 would authorize the appropriation of $5 million for each of fiscal years 2010 through 2014 for the Department 

of the Interior to support programs to protect and conserve marine 

turtles. The bill also would make states eligible for those funds, 

which are now available to foreign or international organizations 

and other entities involved in marine turtle conservation (current 

law authorizes funding of $5 million annually through fiscal year 

2009 for this program). CBO estimates that implementing H.R. 509 

would cost $24 million over the 2010–2014 period, assuming appropriation of the authorized amounts. Enacting the bill would not affect direct spending or revenues. 

H.R. 509 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 509 is shown in the following table. CBO assumes that the amounts authorized by the bill will be appropriated 

by the start of each fiscal year and that outlays will follow the historical rate of spending for these activities. The costs of this legislation fall within budget function 300 (natural resources and environment). 

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By fiscal year, in millions of dollars— 

2010 2011 2012 2013 2014 2010– 

2014 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level ....................................................................... 5 5 5 5 5 25 

Estimated Outlays ........................................................................ 1 4 8 6 5 24 

Intergovernmental and private-sector impact: H.R. 509 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would impose no costs on state, local, or tribal governments. If enacted, this bill would make state and tribal governments eligible for grants to protect and conserve marine turtles. 

Any costs to those governments would be incurred voluntarily as 

a condition of receiving federal assistance. 

Estimate prepared by: Federal Costs: Mark Grabowicz; Impact 

on State, Local, and Tribal Governments: Melissa Merrell; Impact 

on the Private Sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

EARMARK STATEMENT

H.R. 509 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e) 

or 9(f) of rule XXI. 

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): 

MARINE TURTLE CONSERVATION ACT OF 2004 

* * * * * * * 

SEC. 2. FINDINGS AND PURPOSES. 

(a) * * * 

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

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

of all methods and procedures necessary to protect nesting 

habitats of marine turtles øin foreign countries¿ and of marine 

turtles in those habitats, including— 

(A) * * * 

* * * * * * * 

(D) enforcement and implementation of CITES and laws 

øof foreign countries¿ to— 

(i) * * * 

* * * * * * * 

(7) STATE.—The term ‘‘State’’ means each of the several States 

of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American 

Samoa, the Commonwealth of the Northern Mariana Islands, 

any other territory or possession of the United States, and any 

Indian tribe. 

SEC. 4. MARINE TURTLE CONSERVATION ASSISTANCE. 

(a) * * * 

(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 State or 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 

* * * * * * * 

(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 øin foreign countries¿ to implement marine turtle 

conservation programs. 

* * * * * * * 

SEC. 5. MARINE TURTLE CONSERVATION FUND. 

(a) * * * 

(b) EXPENDITURES FROM FUND.— 

(1) * * * 

(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 ø$80,000¿ $150,000, whichever is greater, to pay the administrative expenses necessary 

to carry out this Act. 

(3) LIMITATION ON PROJECTS IN THE UNITED STATES.—Not 

more than 20 percent of the amounts made available from the 

Fund for any fiscal year may be used for projects relating to the 

conservation of marine turtles in the United States. 

* * * * * * * 

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SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

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

for øeach of fiscal years 2005 through 2009¿ each of fiscal years 

2009 through 2014. 

* * * * * * * 

Æ 

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