I 
109TH CONGRESS 
1ST SESSION 
H. R. 93 
To assist in the conservation of flagship species throughout the world. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 4, 2005 
Mr. GILCHREST introduced the following bill; which was referred to the 
Committee on Resources 
A BILL 
To assist in the conservation of flagship species throughout 
the world. 
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 ‘‘Flagship Species Con-
servation Act of 2005’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—The Congress finds the following: 
(1) Numerous species of fauna have continued 
to decline to the point that the long-term survival of 
those species in the wild is in serious jeopardy.
(2) Many of those species are listed under sec-
tion 4 of the Endangered Species Act of 1973 (16 
U.S.C. 1533) or in Appendix I or II of the Conven-
tion on International Trade in Endangered Species 
of Wild Fauna and Flora. 
(3) There are insufficient resources available 
for addressing the threats facing those species, 
which will require the joint commitment and effort 
of countries within the range of those species, the 
United States and other countries, and the private 
sector. 
(4) The grant programs established by the Con-
gress for tigers, rhinoceroses, Asian elephants, Afri-
can elephants, great apes, neotropical migratory 
birds, and marine turtles have proven to be ex-
tremely successful, provide Federal funds for con-
servation projects in an efficient and expeditious 
manner, and encourage additional support for con-
servation in countries where those species exist in 
the wild. 
(5) A new grant program modeled on the exist-
ing programs for tigers, rhinoceroses, elephants, 
great apes, neotropical migratory birds, and marine 
turtles would provide an effective means to assist in
the conservation of flagship species for which there 
are no existing grant programs. 
(b) PURPOSE.—The purpose of this Act is to conserve 
flagship species of fauna throughout the world, and the 
ecosystems on which those species depend, by supporting 
the conservation programs for those species and the 
CITES Secretariat, promoting partnerships between the 
public and private sectors, and providing financial re-
sources for those programs and partnerships. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ACCOUNT.—The term ‘‘Fund’’ means the 
Flagship Species Conservation Fund established by 
section 5. 
(2) CITES.—The term ‘‘CITES’’ means the 
Convention on International Trade in Endangered 
Species of Wild Fauna and Flora, done at Wash-
ington March 3, 1973 (27 UST 1087; TIAS 8249), 
including its appendices and amendments. 
(3) CONSERVATION.—The term ‘‘conservation’’ 
means the use of methods and procedures necessary 
to bring a flagship species to the point at which 
there are sufficient populations in the wild to ensure 
that the species does not become extinct, including—
(A) protection and management of popu-
lations of a flagship species; 
(B) maintenance, management, protection, 
and restoration of habitat of a flagship species; 
(C) research and monitoring; 
(D) law enforcement; and 
(E) community outreach and education. 
(4) FISH
OR
WILDLIFE.—The term ‘‘fish or 
wildlife’’ means any mammal, fish, bird, or reptile. 
(5) FLAGSHIP
SPECIES.—The term ‘‘flagship 
species’’— 
(A) subject to subparagraph (B), means a 
species of fish or wildlife— 
(i) that is listed as an endangered 
species or threatened species under section 
4 of the Endangered Species Act of 1973 
(16 U.S.C. 1533) or that is listed in Ap-
pendix I or II of CITES; 
(ii) whose range is wholly outside of 
the United States; and 
(iii) that appeals to the public and has 
other features that make it suitable for 
communicating conservation concerns; and
(B) does not include African elephants, 
Asian elephants, rhinoceros, tigers, great apes, 
neotropical migratory birds, and marine turtles. 
(6) MULTINATIONAL
SPECIES
CONSERVATION 
FUND.—The term ‘‘Multinational Species Conserva-
tion Fund’’ means the fund established under the 
heading ‘‘multinational species conservation fund’’ in 
title I of the Department of the Interior and Related 
Agencies Appropriations Act, 1999 (16 U.S.C. 
4246). 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
SEC. 4. FLAGSHIP SPECIES CONSERVATION ASSISTANCE. 
(a) IN GENERAL.—Subject to the availability of 
funds, the Secretary shall use amounts in the Fund to pro-
vide financial assistance for projects for the conservation 
of that flagship species throughout the world, for which 
project proposals are approved by the Secretary in accord-
ance with this section. 
(b) PROJECT PROPOSALS.— 
(1) ELIGIBLE APPLICANTS.—A proposal for a 
project for the conservation of a flagship species 
may be submitted to the Secretary by— 
(A) any relevant wildlife management au-
thority of a country that has within its bound-
aries any part of the range of a flagship spe-
cies, if the agency has authority over fish or 
wildlife and the activities of the agency directly 
or indirectly affect the species; 
(B) the CITES Secretariat; or 
(C) any person with demonstrated exper-
tise in the conservation of that flagship species. 
(2) REQUIRED INFORMATION.—A project pro-
posal shall include— 
(A) the name of the individual with pri-
mary responsibility for conducting the project; 
(B) a succinct statement of— 
(i) the purposes of the project and the 
methodology for implementing the project, 
including an assessment of the status of 
the flagship species that is the subject of 
the project; and 
(ii) how the project will benefit that 
species and other species that reside within 
the same habitat; 
(C) a description of the qualifications of 
the individuals who will conduct the project; 
(D) an estimate of the funds and time re-
quired to complete the project;
(E) evidence of support for the project by 
appropriate governmental entities of countries 
in which the project will be conducted, if the 
Secretary determines that such support is re-
quired for the success of the project; 
(F) information regarding the source and 
amount of matching funds available for the 
project; and 
(G) any other information that the Sec-
retary considers to be necessary for evaluating 
the eligibility of the project for funding under 
this Act. 
(c) PROJECT REVIEW AND APPROVAL.— 
(1) IN GENERAL.—The Secretary shall— 
(A) not later than 30 days after receiving 
a project proposal, provide a copy of the pro-
posal to other Federal officials, as appropriate; 
and 
(B) review each project proposal in a time-
ly manner to determine whether the proposal 
meets the criteria specified in subsection (d). 
(2) 
CONSULTATION; 
APPROVAL
OR
DIS-
APPROVAL.—Not later than 180 days after receiving 
a project proposal, and subject to the availability of
funds, the Secretary, after consulting with other 
Federal officials, as appropriate, shall— 
(A) consult on the proposal with the gov-
ernment of each country in which the project is 
to be conducted; 
(B) after taking into consideration any 
comments resulting from the consultation, ap-
prove or disapprove the project proposal; and 
(C) provide written notification of the ap-
proval or disapproval to the person that sub-
mitted the project proposal, other Federal offi-
cials, and each country described in subpara-
graph (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 flagship 
species in the wild by assisting efforts in foreign countries 
to implement flagship species conservation programs. 
(e) PROJECT SUSTAINABILITY.—To the maximum 
extent practicable, 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 conservation of flagship spe-
cies and their nesting habitats.
(f) MATCHING FUNDS.—In determining whether to 
approve project proposals under this section, the Secretary 
shall give preference 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 sub-
mit to the Secretary periodic reports (at such inter-
vals as the Secretary may require) that include all 
information that the Secretary, after consultation 
with other government officials, determines is nec-
essary 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 re-
lating to projects for which financial assistance is 
provided under this Act, shall be made available to 
the public. 
SEC. 5. FLAGSHIP SPECIES CONSERVATION FUND. 
(a) ESTABLISHMENT.—There is established in the 
Multinational Species Conservation Fund a separate ac-
count to be known as the ‘‘Flagship Species 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 Treas-
ury shall transfer from the Fund to the Secretary, 
without further appropriation, such amounts as the 
Secretary determines are necessary to carry out sec-
tion 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, to 
pay the administrative expenses necessary to carry 
out this Act. 
(c) INVESTMENT OF AMOUNTS.— 
(1) IN GENERAL.—The Secretary of the Treas-
ury shall invest such portion of the Fund as is not, 
in the judgment of the Secretary of the Treasury, 
required to meet current withdrawals. 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), obliga-
tions 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 ac-
quired 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 ob-
ligations 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 esti-
mates 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 assist-
ance under section 4. Amounts received by the Secretary 
in the form of donations shall be transferred to the Sec-
retary of the Treasury for deposit in the Fund. 
SEC. 6. ADVISORY GROUP. 
(a) IN GENERAL.—To assist in carrying out this Act, 
the Secretary may convene an advisory group consisting 
of individuals representing public and private organiza-
tions actively involved in the conservation of flagship spe-
cies. 
(b) PUBLIC PARTICIPATION.—
(1) MEETINGS.—The advisory group shall—
(A) ensure that each meeting of the advi-
sory group is open to the public; and 
(B) provide, at each meeting, an oppor-
tunity 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 advi-
sory group. 
(3) MINUTES.—Minutes of each meeting of the 
advisory group shall be kept by the Secretary and 
shall be made available to the public.
(c) EXEMPTION FROM FEDERAL ADVISORY COM-
MITTEE 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 
$10,000,000 for each of fiscal years 2006 through 2008. 
SEC. 8. REPORT TO CONGRESS. 
Not later than October 1, 2006, the Secretary shall 
submit to the Congress a report on the results and effec-
tiveness of the program carried out under this Act, includ-
ing— 
(1) recommendations concerning how this Act 
might be improved, including guidelines for deter-
mining species that are flagship species; and 
(2) recommendations concerning whether the 
Fund should be continued in the future. 
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