19–010

Calendar No. 313

108TH CONGRESS REPORT " SENATE ! 1st Session 108-167

MARINE TURTLE CONSERVATION ACT OF 2003

OCTOBER 17, 2003.—Ordered to be printed 

Mr. INHOFE, from the Committee on Environment and Public 

Works, submitted the following 

R E P O R T 

[to accompany S. 1210] 

[Including cost estimate of the Congressional Budget Office]

The Committee on Environment and Public Works, to which was 

referred a bill (S. 1210) to assist in the conservation of marine turtles and the nesting habitats of marine turtles in foreign countries, 

having considered the same, reports favorably thereon and recommends that the bill do pass. 

GENERAL STATEMENT AND BACKGROUND

Marine turtles, once abundant throughout the world, are now in 

very serious trouble. Some populations are expected to become extinct within the next few years. Because marine turtles are longlived, late maturing, and highly migratory, they are particularly 

vulnerable to human exploitation and habitat loss. Of the species 

found in U.S. waters the Leatherback, Green, Hawksbill, Olive Ridley, Loggerhead, and Kemp’s Ridley turtles-all are listed as endangered or threatened under the Endangered Species Act. All seven 

of the world’s species are included in Appendix I of the Convention 

on International Trade in Endangered Species of Wild Fauna and 

Flora (CITES). The life cycles of marine turtles are very complex. 

They depend on a diversity of environments, including terrestrial 

sites on sandy beaches where nests are made and eggs are deposited and left to incubate for about 2 months. The newly hatched 

turtles instinctively run to the sea. Some turtles may spend decades on the high seas before returning to coastal waters. Dispersing across ocean basins is routine for many turtles as part of 

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the normal maturation process. Most species appear to pass 

through a series of developmental habitats living in the territorial 

waters of several sovereign states. On reaching maturity, which 

may take as much as half a century in some populations, the 

adults migrate between feeding grounds and breeding grounds. Because marine turtles migrate far beyond U.S. borders, activities 

outside the United States compromise national recovery efforts. 

While international projects, largely focused on conservation of 

nesting beaches, have in some instances helped foster population 

recovery, lack of adequate funding remains a critical stumbling 

block. 

OBJECTIVES OF THE LEGISLATION

This legislation will assist in the recovery and protection of marine turtles by supporting and providing financial resources for 

projects to conserve nesting habitats of marine turtles in foreign 

countries and marine turtles while they are found in such habitats 

and to address other threats to the survival of marine turtles. 

S. 1210 directs the Secretary of the Interior to establish a program to review, approve, and fund qualified marine turtle conservation projects. It authorizes $5 million in annual appropriations through 2009 to be deposited in a Marine Turtle Conservation 

Fund, established for this purpose. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short Title 

This Section cites the Act as the ‘‘Marine Turtle Conservation 

Act of 2003’’. 

Sec. 2. Findings and Purposes 

This Section elaborates on the congressional findings that: marine turtle populations have declined to the point that the long 

term survival of the populations is in jeopardy; six of the seven recognized species of marine turtles are listed as threatened or endangered species under the Endangered Species Act of 1973 and all 

seven species have been included in Appendix I of CITES; marine 

turtles are particularly vulnerable to the impacts of human exploitation and habitat loss; illegal international trade seriously threatens some marine turtle populations; resources available have not 

been sufficient to cope with the continued loss of nesting habitats 

due to human activities; marine turtles are flagship species for the 

ecosystems in which they are found and are important components 

of the ecosystems they inhabit; changes in marine turtle populations are most reliably indicated by changes in the numbers of 

nests and nesting females; and 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 countries that have within their boundaries marine turtle 

nesting habitats and others with demonstrated expertise in the 

conservation of marine turtles. 

In addition, this Section states that the purpose of this Act is to 

assist in the recovery and protection of marine turtles by supporting and providing financial resources for projects to conserve 

nesting habitats of marine turtles in foreign countries and marine 

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turtles while they are found in such habitats and to address other 

threats to the survival of marine turtles. 

Sec. 3. Definitions 

This Section defines ‘‘CITES’’, ‘‘conservation’’, ‘‘Fund’’, ‘‘‘marine 

turtle’’, ‘‘Multinational Species Conservation Fund’’, and ‘‘Secretary’’ for purposes of this Act. 

Sec. 4. Marine Turtle Conservation Assistance 

This Section directs the Secretary of the Interior to provide financial assistance for projects for the conservation of marine turtles. Projects may be submitted by wildlife management authorities 

of foreign countries or other persons or groups with expertise in the 

conservation of marine turtles. The Secretary shall review each 

project proposal in a timely manner to determine if the proposal 

meets the criteria specified. The Secretary, after consulting with 

other appropriate Federal officials, shall consult on the proposal 

with the government of each country in which the project is to be 

conducted and approve or disapprove the proposal. 

The Secretary of the Interior 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. The Secretary shall give preference to conservation projects 

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

projects for which matching funds are available. Each person that 

receives assistance under this section for a project shall submit to 

the Secretary periodic reports to determine the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements. These reports shall 

be made available to the public. 

Sec. 5. Marine Turtle Conservation Fund 

This Section establishes the Marine Turtle Conservation Fund in 

the Multinational Species Conservation Fund. The Secretary of the 

Interior may expend not more than 3 percent or up to $80,000 for 

administrative expenses. The Secretary may accept and use donations to provide assistance under the Act. 

Sec. 6. Advisory Group 

This Section authorizes the Secretary of the Interior to convene 

an advisory group of individuals representing public and private organizations actively involved in the conservation of marine turtles. 

The Secretary shall provide public notice of each meeting of the advisory group. The meetings shall be open to the public and the minutes of the meetings shall be made available to the public. The 

Federal Advisory Committee Act shall not apply to the advisory 

group authorized under this section. 

The creation of an advisory group will help increase public involvement and Federal and private partnerships. Also, it will provide consistency with the Great Ape Conservation Act and the 

Neotropical Migratory Bird Conservation Act, both of which were 

enacted during the 106th Congress and are administered under the 

Multinational Species Conservation Fund, along with the RhinocVerDate jul 14 2003 22:43 Oct 17, 2003 Jkt 029010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6601 E:\PICKUP\SR167.108 SR167
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eros and Tiger Conservation Act and the Asian Elephant Conservation Act. 

Sec. 7. Authorization of Appropriations 

This Section authorizes $5,000,000 for each of fiscal years 2005 

through 2009. 

LEGISLATIVE HISTORY

S. 1210, the ’’Marine Turtle Conservation Act of 2003’’ was introduced on June 9, 2003, by Senator Jim Jeffords, I-VT. 

ROLLCALL VOTES

The Committee on Environment and Public Works met to consider S. 1210 on July 30, 2003. The committee reported the bill out 

of committee by voice vote. 

REGULATORY IMPACT STATEMENT

In compliance with section 11(b) of rule XXVI of the Standing 

Rules of the Senate, the committee finds that S. 1210 does not create any additional regulatory burdens, nor will it cause any adverse impact on the personal privacy of individuals. 

MANDATES ASSESSMENT

In compliance with the Unfunded Mandates Reform Act of 1995 

(Public Law 104–4), the committee finds that S. 1210 would impose 

no Federal intergovernmental unfunded mandates on State, local, 

or tribal governments. 

COST OF LEGISLATION

Section 403 of the Congressional Budget and Impoundment Control Act requires that a statement of the cost of the reported bill, 

prepared by the Congressional Budget Office, be included in the report. That statement follows:

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, August 11, 2003.

Hon. JAMES M. INHOFE, Chairman, 

Committee on Environment and Public Works, 

U.S. Senate, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 1210, the Marine Turtle 

Conservation Act of 2003. 

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

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

be reached at 226–2860. 

Sincerely, 

DOUGLAS HOLTZ-EAKIN

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S. 1210, Marine Turtle Conservation Act of 2003, as ordered reported by the Senate Committee on Environment and Public 

Works on July 30, 2003

Summary 

S. 1210 would direct the Department of the Interior to establish 

a program to protect and conserve marine turtles. The bill would 

authorize the appropriation of $5 million a year over the 2005–

2009 period for the department to provide financial assistance to 

eligible government agencies, international or foreign organizations, or private entities engaged in such activities. CBO estimates 

that such assistance would cost $15 million over the 2004–2008 period and $10 million after 2008, assuming appropriation of the authorized amounts. 

S. 1210 also would authorize the department to accept donations 

and invest unneeded funds. Amounts earned could be used without 

further appropriation for the program. Enacting this legislation 

could therefore increase both revenues (from donations) and direct 

spending (of interest income and donations), but CBO estimates 

that any net change would be insignificant. 

S. 1210 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would have no significant impact on the budgets of State, local, 

or tribal governments. 

Estimated Cost to the Federal Government 

The estimated budgetary impact of S. 1210 is shown in the following table. For this estimate, CBO assumes that the legislation 

will be enacted this fall and that authorized amounts will be provided as specified in the bill. Estimates of outlays are based on historical spending patterns for similar programs. The costs of this 

legislation fall within budget function 300 (natural resources and 

environment).

By Fiscal Year, in Millions of Dollars 

2004 2005 2006 2007 2008

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level .................................................................................................. 0 5 5 5 5

Estimated Outlays ................................................................................................... 0 1 4 5 5

Intergovernmental and Private-Sector Impact 

S. 1210 contains no intergovernmental or private-sector mandates as defined in UMRA and would have no significant impact 

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: Jean Talarico.

Estimate Approved By: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

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CHANGES TO EXISTING LAW

Section 12 of rule XXVI of the Standing Rules of the Senate requires the committee to publish changes in existing law made by 

the bill as reported. Passage of this bill will make no changes to 

existing law.