Asian Elephant Conservation Act of 1997
PL 105-96 (H.R.1787), enacted 11/19/1997

I l l STAT. 2150 
PUBLIC LAW 105-96—NOV. 19, 1997 
Public Law 105-96 
105th Congress 
An Act 
To assist in the conservation of Asian elephants by supporting and providing financial 
Nov. 19, 1997 
resources for the conservation programs of nations within the range of Asian 
[HR 1787] 
elephants and projects of persons with demonstrated expertise in the conservation 
of Asian elephants. 
Be it enacted by the Senate and House of Representatives 
of 
Asian Elephant 
the United States of America in Congress assembled, 
Conservation Act 
of 1997. 
SECTION 1. SHORT TITLE. 
16 u s e 4261 
note. 
This Act may be cited as the 'Asian Elephant Conservation 
Act of 1997". 
16 u s e 4261. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) Asian elephant populations in nations within 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 endangered 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 conservation of Asian 
elephants are so great, resources to date have not been suffi-
cient to cope with the continued loss of habitat and the con-
sequent diminution of Asian elephant populations. 
(4) The Asian elephant is a flagship species for the con-
servation of tropical forest habitats in which it is found and 
provides the consequent benefit from such conservation to 
numerous other species of wildlife including many other endan-
gered 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 populations of Asian ele-
phants 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. 
16 u s e 4262. 
SEC. 3. PURPOSES. 
The purposes of this Act are the following: 
(1) To perpetuate healthy populations of Asian elephants. 
PUBLIC LAW 105-96—NOV. 19, 1997 
111 STAT. 2151 
(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 programs. 
SEC. 4. DEFINITIONS. 
16USC4263. 
In this Act: 
(1) The term "CITES" means the Convention on Inter-
national 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 
associated with scientific resource management, such as con-
servation, protection, restoration, acquisition, and management 
of habitat; research and monitoring of known populations; 
assistance in the development of management plans for man-
aged elephant ranges; CITES enforcement; law enforcement 
through community participation; translocation of elephants; 
conflict resolution initiatives; and community outreach and edu-
cation. 
(3) The term "Fund" means the Asian Elephant Conserva-
tion Fund established under section 6(a). 
(4) The term "Secretary" means the Secretary of the 
Interior. 
(5) The term "Administrator" means the Administrator of 
the Agency for International Development. 
SEC. 5. ASIAN ELEPHANT CONSERVATION ASSISTANCE. 
16 USC 4264. 
(a) IN GENERAL.—The Secretary, subject to the availability 
of funds £ind in consultation with the Administrator, shall use 
amounts in the Fund to provide financial assistance for projects 
for the conservation of Asian elephants for which final project 
proposals are approved by the Secretary in accordance with this 
section. 
(b) PROJECT PROPOSAL.—^Any relevant wildlife management 
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 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 individuals 
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 appropriate govern-
mental entities of countries in which the project will be con-
ducted, if the Secretary determines that the support is required 
for the success of the project. 
(6) Information regarding the source and amount of match-
ing funding available to the applicant. 
I l l STAT. 2152 
PUBLIC LAW 105-96—NOV. 19, 1997 
(7) Any other information the Secretary considers to be 
necessary for evaluating the eligibiUty of the project for funding 
under this Act. 
(c) PROJECT REVIEW AND APPROVAL.— 
(1) IN GENERAL.—^Within 30 days after receiving a final 
project proposal, the Secretary shall provide 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 subsection (d). 
(2) CONSULTATION; APPROVAL OR DISAPPROVAL.—Not later 
than 6 months after receiving a final project proposal, and 
subject to the availability of funds, the Secretary, after consult-
ing with the Administrator, shall— 
(A) request written comments on the proposal from 
each country within which the project is to be conducted; 
(B) after requesting those comments, approve or dis-
approve the proposal; and 
(C) provide written notification of that approval or 
disapproval to the person who submitted 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 management 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 communities, nongovern-
mental organizations, or others in the private sector. 
(e) PROJECT SUSTAINABILITY.—To the maximum extent prac-
tical, in determining whether to approve project proposals under 
this section, the Secretary shall give consideration to projects which 
will enhance sustainable integrated conservation development pro-
grams to ensure effective, long-term conservation of Asian ele-
phants. 
(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 include all information required 
by the Secretary, after consulting 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 pro-
vided as a grant under this Act may not be used for captive 
breeding of Asian elephants other than for release in the wild. 
PUBLIC LAW 105-96—NOV. 19, 1997 
111 STAT. 2153 
SEC. 6. ASIAN ELEPHANT CONSERVATION FUND. 
16 USC 4265. 
(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 depos-
ited 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 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. 
16 USC 4266. 
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. 
Approved November 19, 1997. 
LEGISLATIVE HISTORY—H.R. 1787 (S. 1287): 
HOUSE REPORTS: No. 105-266, Ft. 1 (Comm. on Resources). 
SENATE REPORTS: No. 105-142 accompanying S. 1287 (Comm. on Environment 
and Public Works). 
CONGRESSIONAL RECORD, Vol. 143 (1997): 
Oct. 21, considered and passed House. 
Nov. 8, considered and passed Senate. 
39-194 O - 97 - 3 : QL 3 Part 3