[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on June 4, 1997]
A BILL
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.
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 de-
cline 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 Spe-
cies Act of 1973 and under appendix I of the Conven-
tion 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 continued
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
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 fragmentation,
human-elephant conflict, poaching for ivory, meat,
hide, bones and teeth, and capture for domestication.
(6) To reduce, remove, or otherwise effectively
address these threats to the long-term viability of pop-
ulations of Asian elephants in the wild will require
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:
(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 ele-
phants to the point at which there are sufficient pop-
ulations in the wild to ensure that the species does not
become extinct, including all activities associated with
scientific resource management, such as conservation,
protection, restoration, acquisition, and management
of habitat; research and monitoring of known popu-
lations; assistance in the development of management
plans for managed elephant ranges; CITES enforce-
ment; law enforcement through community participa-
tion; translocation of elephants; conflict resolution
initiatives; and community outreach and education.
(3) The term ‘‘Fund’’ means the Asian Elephant
Conservation Fund established under section 6(a).
(4) The term ‘‘Secretary’’ means the Secretary of
the Interior.
(5) The term ‘‘Administrator’’ means the Admin-
istrator of the Agency for International Development.
SEC. 5. ASIAN ELEPHANT CONSERVATION ASSISTANCE.
(a) IN GENERAL.—The Secretary, subject to the avail-
ability 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 conservation of Asian
elephants, may submit to the Secretary a project proposal
under this section. Each proposal shall include the follow-
ing:
(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.
(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 determines
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 proposal to
determine if it meets the criteria set forth in sub-
section (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—
(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 ele-
phants by assisting efforts to—
(1) implement conservation programs;
(2) address the conflicts between humans and ele-
phants that arise from competition for the same habi-
tat;
(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
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 commu-
nities, nongovernmental organizations, or others in
the private sector.
(e) PROJECT SUSTAINABILITY.—To the maximum ex-
tent practical, in determining whether to approve project
proposals under this section, the Secretary shall give consid-
eration to projects which will enhance sustainable inte-
grated conservation development programs to ensure effec-
tive, long-term conservation of Asian elephants.
(f) PROJECT REPORTING.—Each person who receives
assistance under this section for a project shall provide peri-
odic reports, as the Secretary considers necessary, to the
Secretary and the Administrator. Each report shall include
all information required by the Secretary, after consulting
with the Administrator, for evaluating the progress and suc-
cess 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
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 gen-
eral 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 fur-
ther 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 Sec-
retary may accept and use donations to provide assistance
under section 5. Amounts received by the Secretary in the
form of donations shall be transferred to the Secretary 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 avail-
able until expended.