H. R. 3378—4
to the availability of funds, the Secretary, after consulting
with other Federal officials, as appropriate, shall—
(A) consult on the proposal with the government of
each country in which the project is to be conducted;
(B) after taking into consideration any comments
resulting from the consultation, approve or disapprove the
project proposal; and
(C) provide written notification of the approval or dis-
approval to the person that submitted the project proposal,
other Federal officials, and each country described in
subparagraph (A).
(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 in foreign countries to implement marine turtle
conservation programs.
(e) PROJECT SUSTAINABILITY.—To the maximum extent prac-
ticable, in determining whether to approve project proposals under
this section, the Secretary shall give preference to conservation
projects that are designed to ensure effective, long-term conserva-
tion of marine turtles and their nesting habitats.
(f) MATCHING FUNDS.—In determining whether to approve
project proposals under this section, the Secretary shall give pref-
erence to projects for which matching funds are available.
(g) PROJECT REPORTING.—
(1) IN
GENERAL.—Each person that receives assistance
under this section for a project shall submit to the Secretary
periodic reports (at such intervals as the Secretary may require)
that include all information that the Secretary, after consulta-
tion with other government officials, determines is necessary
to evaluate the progress and success of the project for the
purposes of ensuring positive results, assessing problems, and
fostering improvements.
(2) AVAILABILITY TO THE PUBLIC.—Reports under paragraph
(1), and any other documents relating to projects for which
financial assistance is provided under this Act, shall be made
available to the public.
SEC. 5. MARINE TURTLE CONSERVATION FUND.
(a) ESTABLISHMENT.—There is established in the Multinational
Species Conservation Fund a separate account to be known as
the ‘‘Marine Turtle Conservation Fund’’, consisting of—
(1) amounts transferred to the Secretary of the Treasury
for deposit into the Fund under subsection (e);
(2) amounts appropriated to the Fund under section 6;
and
(3) any interest earned on investment of amounts in the
Fund under subsection (c).
(b) EXPENDITURES FROM FUND.—
(1) IN GENERAL.—Subject to paragraph (2), on request by
the Secretary, the Secretary of the Treasury shall transfer
from the Fund to the Secretary, without further appropriation,
such amounts as the Secretary determines are necessary to
carry out section 4.
(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 $80,000, whichever is greater,
H. R. 3378—5
to pay the administrative expenses necessary to carry out this
Act.
(c) INVESTMENT OF AMOUNTS.—
(1) IN GENERAL.—The Secretary of the Treasury shall invest
such portion of the Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet current with-
drawals. Investments may be made only in interest-bearing
obligations of the United States.
(2) ACQUISITION
OF
OBLIGATIONS.—For the purpose of
investments under paragraph (1), obligations may be acquired—
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the
market price.
(3) SALE OF OBLIGATIONS.—Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the
market price.
(4) CREDITS TO FUND.—The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to and form a part of the Fund.
(d) TRANSFERS OF AMOUNTS.—
(1) IN GENERAL.—The amounts required to be transferred
to the Fund under this section shall be transferred at least
monthly from the general fund of the Treasury to the Fund
on the basis of estimates made by the Secretary of the Treasury.
(2) ADJUSTMENTS.—Proper adjustment shall be made in
amounts subsequently transferred to the extent prior estimates
were in excess of or less than the amounts required to be
transferred.
(e) ACCEPTANCE AND USE OF DONATIONS.—The Secretary may
accept and use donations to provide assistance under section 4.
Amounts received by the Secretary in the form of donations shall
be transferred to the Secretary of the Treasury for deposit in
the Fund.
SEC. 6. ADVISORY GROUP.
(a) IN GENERAL.—To assist in carrying out this Act, the Sec-
retary may convene an advisory group consisting of individuals
representing public and private organizations actively involved in
the conservation of marine turtles.
(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 avail-
able 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. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Fund $5,000,000
for each of fiscal years 2005 through 2009.
H. R. 3378—6
SEC. 8. REPORT TO CONGRESS.
Not later than October 1, 2005, the Secretary shall submit
to the Congress a report on the results and effectiveness of the
program carried out under this Act, including recommendations
concerning how this Act might be improved and whether the Fund
should be continued in the future.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.