IIA
105TH CONGRESS
1ST SESSION
H. R. 1787
IN THE SENATE OF THE UNITED STATES
OCTOBER 22, 1997
Received; read twice and referred to the Committee on Environment and
Public Works
AN ACT
To assist in the conservation of Asian elephants by support-
ing and providing financial resources for the conservation
programs of nations within the range of Asian elephants
and projects of persons with demonstrated expertise in
the conservation of Asian elephants.
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Asian Elephant Con-
servation Act of 1997’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Asian elephant populations in nations with-
in the range of Asian elephants have continued to
decline to the point that the long-term survival of
the species in the wild is in serious jeopardy.
(2) The Asian elephant is listed as an endan-
gered species under section 4 of the Endangered
Species Act of 1973 and under appendix I of the
Convention on International Trade of Endangered
Species of Wild Fauna and Flora.
(3) Because the challenges facing the conserva-
tion of Asian elephants are so great, resources to
date have not been sufficient to cope with the con-
tinued loss of habitat and the consequent diminution
of Asian elephant populations.
(4) The Asian elephant is a flagship species for
the conservation of tropical forest habitats in which
it is found and provides the consequent benefit from
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such conservation to numerous other species of wild-
life including many other endangered species.
(5) Among the threats to the Asian elephant in
addition to habitat loss are population fragmenta-
tion, human-elephant conflict, poaching for ivory,
meat, hide, bones and teeth, and capture for domes-
tication.
(6) To reduce, remove, or otherwise effectively
address these threats to the long-term viability of
populations of Asian elephants in the wild will re-
quire the joint commitment and effort of nations
within the range of Asian elephants, the United
States and other countries, and the private sector.
SEC. 3. PURPOSES.
The purposes of this Act are the following:
(1) To perpetuate healthy populations of Asian
elephants.
(2) To assist in the conservation and protection
of Asian elephants by supporting the conservation
programs of Asian elephant range states and the
CITES Secretariat.
(3) To provide financial resources for those pro-
grams.
SEC. 4. DEFINITIONS.
In this Act:
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(1) The term ‘‘CITES’’ means the Convention
on International Trade in Endangered Species of
Wild Fauna and Flora, signed on March 3, 1973,
and its appendices.
(2) The term ‘‘conservation’’ means the use of
methods and procedures necessary to bring Asian
elephants to the point at which there are sufficient
populations in the wild to ensure that the species
does not become extinct, including all activities asso-
ciated with scientific resource management, such as
conservation, protection, restoration, acquisition, and
management of habitat; research and monitoring of
known populations; assistance in the development of
management plans for managed elephant ranges;
CITES enforcement; law enforcement through com-
munity participation; translocation of elephants; con-
flict resolution initiatives; and community outreach
and education.
(3) The term ‘‘Fund’’ means the Asian Ele-
phant Conservation Fund established under section
6(a).
(4) The term ‘‘Secretary’’ means the Secretary
of the Interior.
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(5) The term ‘‘Administrator’’ means the Ad-
ministrator of the Agency for International Develop-
ment.
SEC. 5. ASIAN ELEPHANT CONSERVATION ASSISTANCE.
(a) IN GENERAL.—The Secretary, subject to the
availability of funds and in consultation with the Adminis-
trator, shall use amounts in the Fund to provide financial
assistance for projects for the conservation of Asian ele-
phants for which final project proposals are approved by
the Secretary in accordance with this section.
(b) PROJECT PROPOSAL.—Any relevant wildlife man-
agement authority of a nation within the range of Asian
elephants whose activities directly or indirectly affect
Asian elephant populations, the CITES Secretariat, or
any person with demonstrated expertise in the conserva-
tion of Asian elephants, may submit to the Secretary a
project proposal under this section. Each proposal shall
include the following:
(1) The name of the individual responsible for
conducting the project.
(2) A succinct statement of the purposes of the
project.
(3) A description of the qualifications of the in-
dividuals who will conduct the project.
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(4) An estimate of the funds and time required
to complete the project.
(5) Evidence of support of the project by appro-
priate governmental entities of countries in which
the project will be conducted, if the Secretary deter-
mines that the support is required for the success of
the project.
(6) Information regarding the source and
amount of matching funding available to the appli-
cant.
(7) Any other information the Secretary consid-
ers to be necessary for evaluating the eligibility of
the project for funding under this Act.
(c) PROJECT REVIEW AND APPROVAL.—
(1) IN GENERAL.—Within 30 days after receiv-
ing a final project proposal, the Secretary shall pro-
vide a copy of the proposal to the Administrator.
The Secretary shall review each final project pro-
posal to determine if it meets the criteria set forth
in subsection (d).
(2) 
CONSULTATION; 
APPROVAL
OR
DIS-
APPROVAL.—Not later than 6 months after receiving
a final project proposal, and subject to the availabil-
ity of funds, the Secretary, after consulting with the
Administrator, shall—
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(A) request written comments on the pro-
posal from each country within which the
project is to be conducted;
(B) after requesting those comments, ap-
prove or disapprove the proposal; and
(C) provide written notification of that ap-
proval or disapproval to the person who submit-
ted the proposal, the Administrator, and each
of those countries.
(d) CRITERIA FOR APPROVAL.—The Secretary may
approve a final project proposal under this section if the
project will enhance programs for conservation of Asian
elephants by assisting efforts to—
(1) implement conservation programs;
(2) address the conflicts between humans and
elephants that arise from competition for the same
habitat;
(3) enhance compliance with provisions of
CITES and laws of the United States or a foreign
country that prohibit or regulate the taking or trade
of Asian elephants or regulate the use and manage-
ment of Asian elephant habitat;
(4) develop sound scientific information on the
condition of Asian elephant habitat, Asian elephant
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population numbers and trends, or the threats to
such habitat, numbers, or trends; or
(5) promote cooperative projects on those topics
with other foreign governments, affected local com-
munities, nongovernmental organizations, or others
in the private sector.
(e) PROJECT SUSTAINABILITY.—To the maximum
extent practical, in determining whether to approve project
proposals under this section, the Secretary shall give con-
sideration to projects which will enhance sustainable inte-
grated conservation development programs to ensure ef-
fective, long-term conservation of Asian elephants.
(f) PROJECT REPORTING.—Each person who receives
assistance under this section for a project shall provide
periodic reports, as the Secretary considers necessary, to
the Secretary and the Administrator. Each report shall in-
clude all information required by the Secretary, after con-
sulting with the Administrator, for evaluating the progress
and success of the project.
(g) MATCHING FUNDS.—In determining whether to
approve project proposals under this section, the Secretary
shall give priority to those projects for which there exists
some measure of matching funds.
(h) LIMITATION ON USE FOR CAPTIVE BREEDING.—
Amounts provided as a grant under this Act may not be
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used for captive breeding of Asian elephants other than
for release in the wild.
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.—The
Secretary may accept and use donations to provide assist-
ance under section 5. Amounts received by the Secretary
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in the form of donations shall be transferred to the Sec-
retary of the Treasury for deposit into the Fund.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Fund
$5,000,000 for each of fiscal years 1998, 1999, 2000,
2001, and 2002 to carry out this Act, which may remain
available until expended.
Passed the House of Representatives October 21,
1997.
Attest:
ROBIN H. CARLE,
Clerk.