IIB 

111TH CONGRESS 

1ST SESSION H. R. 411 

IN THE SENATE OF THE UNITED STATES 

APRIL 22, 2009 

Received; read twice and referred to the Committee on Environment and 

Public Works 

AN ACT 

To assist in the conservation of rare felids and rare canids 

by supporting and providing financial resources for the 

conservation programs of nations within the range of 

rare felid and rare canid populations and projects of 

persons with demonstrated expertise in the conservation 

of rare felid and rare canid populations. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Great Cats and Rare 

5 Canids Act of 2009’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are to provide financial re8 sources and to foster international cooperation— 

9 (1) to restore and perpetuate healthy popu10 lations of rare felids and rare canids in the wild; and 

11 (2) to assist in the conservation of rare felid 

12 and rare canid populations worldwide. 

13 SEC. 3. DEFINITIONS. 

14 In this Act: 

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

16 Convention on International Trade in Endangered 

17 Species of Wild Fauna and Flora, done at Wash18 ington March 3, 1973 (27 UST 1087; TIAS 8249), 

19 including its appendices. 

20 (2) CONSERVATION.—The term ‘‘conserva21 tion’’— 

22 (A) means the methods and procedures 

23 necessary to bring a species of rare felid or rare 

24 canid to the point at which there are sufficient 


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1 populations in the wild to ensure the long-term 

2 viability of the species; and 

3 (B) includes all activities associated with 

4 protection and management of a rare felid or 

5 rare canid population, including— 

6 (i) maintenance, management, protec7 tion, and restoration of rare felid or rare 

8 canid habitat; 

9 (ii) research and monitoring; 

10 (iii) law enforcement; 

11 (iv) community outreach and edu12 cation; 

13 (v) conflict resolution initiatives; and 

14 (vi) strengthening the capacity of local 

15 communities, governmental agencies, non16 governmental organizations and other in17 stitutions to implement conservation pro18 grams. 

19 (3) FUND.—The term ‘‘Fund’’ means the Great 

20 Cats and Rare Canids Conservation Fund estab21 lished by section 5. 

22 (4) IUCN RED LIST.—The term ‘‘IUCN Red 

23 List’’ means the Red List of Threatened Species 

24 Maintained by the World Conservation Union. 

25 (5) RARE CANID.—The term ‘‘rare canid’’— 


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1 (A) except as provided in subparagraph 

2 (B), means any of the canid species dhole 

3 (Cuon alpinus), gray wolf (Canis lupus), Ethio4 pian wolf (Canis simensis), bush dog (Speothos 

5 venaticus), African wild dog (Lycaon pictus), 

6 maned wolf (Chrysocyon brachyurus), and Dar7 win’s fox, (Pseudalopex fulvipes), including any 

8 subspecies or population of such a species; and 

9 (B) does not include any subspecies or 

10 population that is native to the area comprised 

11 of the United States and Canada or the Euro12 pean Union. 

13 (6) RARE FELID.—The term ‘‘rare felid’’— 

14 (A) except as provided in subparagraph 

15 (B), means any of the felid species lion 

16 (Panthera leo), leopard (Panthera pardus), jag17 uar (Panthera onca), snow leopard (Uncia 

18 uncia), clouded leopard (Neofelis nebulosa), 

19 cheetah (Acinonyx jubatus), Iberian lynx (Lynx 

20 pardina), and Borneo bay cat (Catopuma 

21 badia), including any subspecies or population 

22 of such a species; and 

23 (B) does not include— 


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1 (i) any species, subspecies, or popu2 lation that is native to the United States; 

3 and 

4 (ii) any tiger (Panthera tigris). 

5 (7) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of the Interior. 

7 SEC. 4. FINANCIAL ASSISTANCE. 

8 (a) IN GENERAL.—Subject to the availability of 

9 funds and in consultation with other appropriate Federal 

10 officials, the Secretary shall use amounts in the Fund to 

11 provide financial assistance for projects for the conserva12 tion of rare felid and rare canids for which project pro13 posals are approved by the Secretary in accordance with 

14 this section. 

15 (b) PROJECT PROPOSALS.— 

16 (1) ELIGIBLE APPLICANTS.—A proposal for a 

17 project for the conservation of rare felid and canids 

18 may be submitted to the Secretary by— 

19 (A) any wildlife management authority of 

20 a country that has within its boundaries any 

21 part of the range of a rare felid or rare canid 

22 species, respectively; and 

23 (B) any person or group with the dem24 onstrated expertise required for the conservaVerDate Nov 24 2008 01:00 Apr 23, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H411.RFS H411

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1 tion in the wild of rare felids or rare canids, re2 spectively. 

3 (2) PROJECT PROPOSALS.—To be considered 

4 for financial assistance for a project under this Act, 

5 an applicant shall submit a project proposal that in6 cludes— 

7 (A) a concise statement of the purposes of 

8 the project; 

9 (B) the name of the individual responsible 

10 for conducting the project; 

11 (C) a description of the qualifications of 

12 the individuals who will conduct the project; 

13 (D) a concise description of— 

14 (i) methods for project implementa15 tion and outcome assessment; 

16 (ii) staffing for the project; 

17 (iii) the logistics of the project; and 

18 (iv) community involvement in the 

19 project; 

20 (E) an estimate of funds and time required 

21 to complete the project; 

22 (F) evidence of support for the project by 

23 appropriate governmental entities of the coun24 tries in which the project will be conducted, if 


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1 the Secretary determines that such support is 

2 required for the success of the project; 

3 (G) information regarding the source and 

4 amount of matching funding available for the 

5 project; and 

6 (H) any other information that the Sec7 retary considers to be necessary for evaluating 

8 the eligibility of the project for funding under 

9 this Act. 

10 (c) PROJECT REVIEW AND APPROVAL.— 

11 (1) IN GENERAL.—The Secretary shall— 

12 (A) not later than 30 days after receiving 

13 a project proposal, provide a copy of the pro14 posal to the appropriate Federal officials; and 

15 (B) review each project proposal in a time16 ly manner to determine if the proposal meets 

17 the criteria specified in subsection (d). 

18 (2) CONSULTATION; APPROVAL OR DIS19 APPROVAL.—Not later than 180 days after receiving 

20 a project proposal, and subject to the availability of 

21 funds, the Secretary, after consulting with other ap22 propriate Federal officials, shall— 

23 (A) ensure the proposal contains assur24 ances that the project will be implemented in 

25 consultation with relevant wildlife management 


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1 authorities and other appropriate government 

2 officials with jurisdiction over the resources ad3 dressed by the project; 

4 (B) approve or disapprove the proposal; 

5 and 

6 (C) provide written notification of the ap7 proval or disapproval to the person who sub8 mitted the proposal, other appropriate Federal 

9 officials, and each country within whose borders 

10 the project will take place. 

11 (d) CRITERIA FOR APPROVAL.—The Secretary may 

12 approve a project proposal under this section if the project 

13 will contribute to conservation of rare felids or rare canids 

14 in the wild by assisting efforts to— 

15 (1) implement conservation programs; 

16 (2) address the conflicts between humans and 

17 rare felids or rare canids, respectively, that arise 

18 from competition for the same habitat or resources; 

19 (3) enhance compliance with CITES, the En20 dangered Species Act of 1973, and other applicable 

21 laws that prohibit or regulate the taking or trade of 

22 rare felids and rare canids or regulate the use and 

23 management of rare felid and rare canid habitat; 

24 (4) develop sound scientific information on, or 

25 methods for monitoring— 


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1 (A) the condition and health of rare felid 

2 or rare canid habitat; 

3 (B) rare felid or rare canid population 

4 numbers and trends; and 

5 (C) the ecological characteristics and re6 quirements of populations of rare felids or rare 

7 canids for which there are little or no data; 

8 (5) promote cooperative projects among govern9 ment entities, affected local communities, nongovern10 mental organizations, and other persons in the pri11 vate sector; or 

12 (6) funds will not be appropriated for the pur13 chase or lease of lands to be used as suitable habitat 

14 for felids or canids. 

15 (e) PROJECT SUSTAINABILITY.—In approving project 

16 proposals under this section, the Secretary shall give pref17 erence to conservation projects that are designed to ensure 

18 effective, long-term conservation of rare felids and rare 

19 canids and their habitats. 

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

21 approve project proposals under this section, the Secretary 

22 shall give preference to projects for which there exists 

23 some measure of matching funds. 

24 (g) PROJECT REPORTING.— 


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

2 assistance under this section for a project shall sub3 mit to the Secretary periodic reports (at such inter4 vals as the Secretary considers necessary) that in5 clude all information that the Secretary, after con6 sultation with other appropriate government offi7 cials, determines is necessary to evaluate the 

8 progress and success of the project for the purposes 

9 of ensuring positive results, assessing problems, and 

10 fostering improvements. 

11 (2) AVAILABILITY TO THE PUBLIC.—Reports 

12 under paragraph (1), and any other documents re13 lating to projects for which financial assistance is 

14 provided under this Act, shall be made available to 

15 the public. 

16 (h) LIMITATIONS ON USE FOR CAPTIVE BREEDING

17 OR DISPLAY.—Amounts provided as a grant under this 

18 Act— 

19 (1) may not be used for captive breeding or dis20 play of rare felids and rare canids other than captive 

21 breeding for release into the wild; and 

22 (2) may be used for captive breeding of a spe23 cies for release into the wild only if no other con24 servation method for the species is biologically fea25 sible. 


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1 (i) ADVISORY GROUP.— 

2 (1) IN GENERAL.—To assist in carrying out 

3 this Act, the Secretary may convene an advisory 

4 group consisting of individuals representing public 

5 and private organizations actively involved in the 

6 conservation of felids and canids. 

7 (2) PUBLIC PARTICIPATION.— 

8 (A) MEETINGS.—The advisory group 

9 shall— 

10 (i) ensure that each meeting of the 

11 advisory group is open to the public; and 

12 (ii) provide, at each meeting, an op13 portunity for interested persons to present 

14 oral or written statements concerning 

15 items on the agenda. 

16 (B) NOTICE.—The Secretary shall provide 

17 to the public timely notice of each meeting of 

18 the advisory group, including the meeting agen19 da. 

20 (C) MINUTES.—Minutes of each meeting 

21 of the advisory group shall be kept by the Sec22 retary and shall be made available to the public. 

23 (3) EXEMPTION FROM FEDERAL ADVISORY

24 COMMITTEE ACT.—The Federal Advisory Committee 


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1 Act (5 U.S.C. App.) shall not apply to the advisory 

2 group. 

3 SEC. 5. GREAT CATS AND RARE CANIDS CONSERVATION 

4 FUND. 

5 (a) ESTABLISHMENT.—There is established, in the 

6 Multinational Species Conservation Fund established in 

7 title I of the Department of the Interior and Related 

8 Agencies Appropriations Act, 1999 under the heading 

9 ‘‘MULTINATIONAL SPECIES CONSERVATION 

10 FUND’’, a separate account to be known as the ‘‘Great 

11 Cats and Rare Canids Conservation Fund’’, consisting 

12 of— 

13 (1) amounts transferred to the Secretary of the 

14 Treasury for deposit into such account under sub15 section (c); and 

16 (2) amounts appropriated to such account 

17 under section 7. 

18 (b) EXPENDITURES FROM FUND.— 

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

20 upon request by the Secretary, the Secretary of the 

21 Treasury shall transfer from the Fund to the Sec22 retary, without further appropriation, such amounts 

23 as the Secretary determines are necessary to provide 

24 assistance under section 4. 


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1 (2) ADMINISTRATIVE EXPENSES.—Of the 

2 amounts in the Fund available for each fiscal year, 

3 the Secretary may expend not more than three per4 cent, or up to $100,000, whichever is greater, to pay 

5 the administrative expenses necessary to carry out 

6 this Act. 

7 (c) ACCEPTANCE AND USE OF DONATIONS.—The 

8 Secretary may accept and use donations to provide assist9 ance under section 4, and may make public on the Internet 

10 website and in publications of the Department of the Inte11 rior that the Secretary is authorized to accept and use 

12 such donations. Amounts received by the Secretary in the 

13 form of such donations shall be transferred to the Sec14 retary of the Treasury for deposit into the Fund. 

15 SEC. 6. STUDY OF CONSERVATION STATUS OF FELID AND 

16 CANID SPECIES. 

17 (a) IN GENERAL.—The Secretary shall initiate within 

18 three months after the date of the enactment of this Act 

19 a study of felid and canid species listed under the IUCN 

20 Red List that are not rare canids and rare felids (as those 

21 terms are defined in section 3), respectively, to deter22 mine— 

23 (1) the conservation status of such species in 

24 the wild, including identification of any such species 

25 that are critically endangered or endangered; and 


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1 (2) any such species that should be made eligi2 ble for assistance under this Act. 

3 (b) REPORT.—Not later than two years after date of 

4 the enactment of this Act the Secretary shall report to 

5 the Congress the determinations made in the study, in6 cluding recommendations of additional felid species and 

7 canid species that should be made eligible for assistance 

8 under this Act. 

9 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

10 There are authorized to be appropriated— 

11 (1) to the Fund, $5,000,000 for each of fiscal 

12 years 2010 through 2014 to carry out this Act, 

13 other than section 6; and 

14 (2) such sums as are necessary to carry out 

15 section 6. 

16 SEC. 8. INELIGIBLE COUNTRIES. 

17 Amounts provided as a grant under this Act may not 

18 be used for any project conducted in Iran, Syria, Cuba, 

19 Sudan, or North Korea. 

Passed the House of Representatives April 21, 2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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