Critically Endangered Animals Conservation Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 1569 To assist in the conservation of critically endangered species in foreign countries, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 3, 2021 Mr. HUFFMAN (for himself, Mr. BUCHANAN, Ms. BROWNLEY, Mr. BLU- MENAUER, Mr. CARBAJAL, Mr. HASTINGS, Mr. JONES, Mr. LANGEVIN, Mr. LOWENTHAL, Ms. MCCOLLUM, Ms. NORTON, Ms. SCHAKOWSKY, Mr. SIRES, Mr. VAN DREW, Ms. VELA´ZQUEZ, Mr. BEYER, Mr. COHEN, Mr. CASE, Mr. SCHIFF, and Mr. FITZPATRICK) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To assist in the conservation of critically endangered species in foreign countries, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Critically Endangered 4 Animals Conservation Act of 2021’’. 5 SEC. 2. DEFINITIONS. 6 In this Act— 7 VerDate Sep 11 2014 23:46 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1569.IH H1569 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 1569 IH (1) the term ‘‘Convention’’ means the Conven- 1 tion on International Trade in Endangered Species 2 of Wild Fauna and Flora (27 UST 1087; TIAS 3 8249); 4 (2) the term ‘‘conservation’’ means the protec- 5 tion and restoration of species and the habitat of 6 such species; 7 (3) the term ‘‘Fund’’ means the Critically En- 8 dangered Animals Conservation Fund established by 9 section 5; 10 (4) the term ‘‘critically endangered species’’— 11 (A) means— 12 (i) any animal species categorized on 13 the International Union Conservation of 14 Nature Red List of Threatened Species as 15 either Endangered or Critically Endan- 16 gered; and 17 (ii) any other animals species cat- 18 egorized on the International Union Con- 19 servation of Nature Red List of Threat- 20 ened Species as Data Deficient or under a 21 threat category lower than Endangered if 22 the Secretary determines that— 23 (I) the most recent International 24 Union Conservation of Nature Red 25 VerDate Sep 11 2014 23:46 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1569.IH H1569 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 1569 IH List assessment indicates that the 1 population is decreasing; or 2 (II) such species is facing new or 3 emerging threats; and 4 (B) includes— 5 (i) any part, product, egg, offspring or 6 live specimen of a species described in sub- 7 paragraph (A); and 8 (ii) a carcass of such a species; 9 (5) the term ‘‘Multinational Species Conserva- 10 tion Fund’’ means the fund established under the 11 heading ‘‘multinational species conservation fund’’ in 12 title I of the Department of the Interior and Related 13 Agencies Appropriations Act, 1999 (16 U.S.C. 14 4246); and 15 (6) the term ‘‘Secretary’’ means the Secretary 16 of the Interior. 17 SEC. 3. CRITICALLY ENDANGERED ANIMALS CONSERVA- 18 TION ASSISTANCE. 19 (a) IN GENERAL.—In consultation with other Fed- 20 eral officials, the Secretary shall use amounts in the Fund 21 to carry out a competitive grant program to provide finan- 22 cial assistance for the conservation of critically endangered 23 species. 24 (b) PROJECT PROPOSALS.— 25 VerDate Sep 11 2014 23:46 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1569.IH H1569 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 1569 IH (1) ELIGIBLE APPLICANTS.— 1 (A) IN GENERAL.—A proposal for a grant 2 under subsection (a) may be submitted to the 3 Secretary by— 4 (i) any wildlife management authority 5 of a foreign country that has within its 6 boundaries natural habitat of the critically 7 endangered species if the activities of the 8 authority directly or indirectly benefit that 9 species’ conservation; or 10 (ii) any other person or group with 11 the demonstrated expertise and capacity 12 required for the conservation of a critically 13 endangered species. 14 (B) INELIGIBLE APPLICANTS.—Any such 15 wildlife management authority or other person 16 or group that receives funding for a particular 17 critically endangered species from any multi- 18 national species conservation fund to which the 19 United States Fish and Wildlife Service is a 20 party is not eligible for a grant under this Act 21 with respect to a such species. 22 (2) REQUIRED ELEMENTS.—A project proposal 23 shall include— 24 VerDate Sep 11 2014 23:46 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1569.IH H1569 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 1569 IH (A) evidence of support for the project by 1 appropriate governmental entities of the coun- 2 try in which the project will be conducted, if the 3 Secretary determines that such support is re- 4 quired for the success of the project; 5 (B) evidence of sensitivity to local historic 6 and cultural resources and compliance with ap- 7 plicable laws; 8 (C) evidence of free, prior, and informed 9 consent by indigenous peoples and local commu- 10 nities in the areas the project will be conducted, 11 if the Secretary, based on the nature of the 12 project, determines that such consent is re- 13 quired for the success of the project; 14 (D) information regarding the source and 15 amount of matching funding available for the 16 project; and 17 (E) any other information that the Sec- 18 retary determines to be appropriate. 19 (c) EVALUATION AND APPROVAL.— 20 (1) GOALS.—The Secretary may approve a pro- 21 posal under this section if the project will— 22 (A) help recover and sustain viable popu- 23 lations in the wild of a critically endangered 24 VerDate Sep 11 2014 23:46 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1569.IH H1569 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 1569 IH species with a range that is, in whole or in part, 1 outside of the United States; 2 (B) enhance compliance with provisions of 3 the Convention and laws of the United States 4 or a foreign country related to the conservation 5 of a critically endangered species; or 6 (C) develop sound scientific information on 7 that species’ habitat, population numbers and 8 trends, reproduction, mortality, and other 9 threats to survival. 10 (2) METHODS.—The Secretary may approve a 11 proposal under this section if the proposal would 12 achieve one of the goals set forth in paragraph (1) 13 through— 14 (A) protection, restoration, and manage- 15 ment of habitat; 16 (B) in situ research and monitoring of 17 populations, habitats, annual reproduction, and 18 species population trends; 19 (C) development, implementation, and im- 20 provement of national and regional manage- 21 ment plans for a critically endangered species 22 and the habitat of such species; 23 VerDate Sep 11 2014 23:46 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1569.IH H1569 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 1569 IH (D) enforcement and implementation of 1 the Convention or the law of a foreign country 2 to— 3 (i) protect and manage a critically en- 4 dangered species or the habitat of such 5 species; 6 (ii) prevent illegal or unsustainable re- 7 moval of a critically endangered species 8 from the wild, including as marine bycatch; 9 or 10 (iii) prevent illegal trade of a critically 11 endangered species; 12 (E) training and capacity building for local 13 law enforcement officials in the interdiction and 14 prevention of the illegal killing, removal from 15 the wild, or trade of a critically endangered spe- 16 cies; 17 (F) an initiative to resolve a conflict be- 18 tween humans and a critically endangered spe- 19 cies; 20 (G) research and implementation of 21 projects to address disease and threats to the 22 health of a critically endangered species; 23 VerDate Sep 11 2014 23:46 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1569.IH H1569 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 1569 IH (H) community outreach and education on 1 conservation of a critically endangered species 2 and the habitat of such species; or 3 (I) strengthening the ability of local com- 4 munities to implement a conservation program. 5 (3) CONSULTATION.—The Secretary shall, prior 6 to approving any proposal under this section, consult 7 with each of the following with respect to such pro- 8 posal: 9 (A) The Government of each country in 10 which such proposal will be carried out. 11 (B) Any other Federal agency the Sec- 12 retary determines is appropriate. 13 (4) PREFERENTIAL CONSIDERATION.—In deter- 14 mining whether to approve a proposal, the Secretary 15 shall give preference to a proposal that— 16 (A) is designed to ensure effective, long- 17 term conservation of critically endangered spe- 18 cies and their habitats; and 19 (B) has matching funds available. 20 (5) APPROVAL.—The Secretary shall, within 21 180 days of receiving a proposal under this section, 22 approve or disapprove of the proposal and provide 23 written notification of such approval or disapproval 24 to— 25 VerDate Sep 11 2014 23:46 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1569.IH H1569 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 1569 IH (A) the person who submitted such pro- 1 posal; 2 (B) any Federal agency the Secretary de- 3 termines appropriate; and 4 (C) the foreign country in which such pro- 5 posal would be carried out. 6 (d) PROJECT REPORTING.— 7 (1) IN GENERAL.— The Secretary shall require 8 each person that receives assistance under this sec- 9 tion to submit periodic reports including such infor- 10 mation as the Secretary may require in order to 11 evaluate the progress and success of each grant 12 issued under this section. 13 (2) AVAILABILITY TO THE PUBLIC.—Reports 14 under paragraph (1), and any other documents re- 15 lating to projects for which financial assistance is 16 provided under this Act except for documents that 17 the Secretary determines to be confidential in na- 18 ture, shall be made available to the public. 19 (e) LIMITATIONS ON USE FOR CAPTIVE BREED- 20 ING.—Amounts provided as a grant under this Act— 21 (1) may not be used for captive breeding of 22 critically endangered species other than for captive 23 breeding designed for release into the wild; and 24 VerDate Sep 11 2014 23:46 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1569.IH H1569 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 1569 IH (2) may be used for captive breeding of a spe- 1 cies for release into the wild only if no other con- 2 servation method for the species is biologically or 3 technically feasible. 4 SEC. 4. CRITICALLY ENDANGERED ANIMALS CONSERVA- 5 TION FUND. 6 (a) ESTABLISHMENT.—There is established in the 7 Multinational Species Conservation Fund a separate ac- 8 count to be known as the ‘‘Critically Endangered Animals 9 Conservation Fund’’, consisting of— 10 (1) amounts transferred to the Secretary of the 11 Treasury for deposit into the Fund under subsection 12 (e); 13 (2) amounts appropriated to the Fund under 14 section 6; and 15 (3) any interest earned on investment of 16 amounts in the Fund under subsection (c). 17 (b) EXPENDITURES FROM FUND.— 18 (1) IN GENERAL.—Subject to paragraph (2), at 19 the request of the Secretary, the Secretary of the 20 Treasury shall transfer from the Fund to the Sec- 21 retary, without further appropriation, such amounts 22 as the Secretary determines are necessary to carry 23 out section 3. 24 VerDate Sep 11 2014 23:46 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1569.IH H1569 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 1569 IH (2) ADMINISTRATIVE EXPENSES.—Of the 1 amounts in the account available for each fiscal 2 year, the Secretary may expend not more than 3 3 percent, or up to $150,000, whichever is greater, to 4 pay the administrative expenses necessary to carry 5 out this Act. 6 (c) INVESTMENT OF AMOUNTS.— 7 (1) IN GENERAL.—The Secretary of the Treas- 8 ury shall invest such portion of the Fund as is not, 9 in the judgment of the Secretary of the Treasury, 10 required to meet current withdrawals. Investments 11 may be made only in interest-bearing obligations of 12 the United States. 13 (2) ACQUISITION OF OBLIGATIONS.—For the 14 purpose of investments under paragraph (1), obliga- 15 tions may be acquired— 16 (A) on original issue at the issue price; or 17 (B) by purchase of outstanding obligations 18 at market price. 19 (3) SALE OF OBLIGATIONS.—Any obligation ac- 20 quired by the Fund may be sold by the Secretary of 21 the Treasury at market price. 22 (4) CREDITS TO FUND.—The interest on, and 23 the proceeds from the sale or redemption of, any ob- 24 VerDate Sep 11 2014 23:46 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1569.IH H1569 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 1569 IH ligations held in the Fund shall be credited to and 1 form a part of the Fund. 2 (d) TRANSFERS OF AMOUNTS.— 3 (1) IN GENERAL.—The amounts required to be 4 transferred to the Fund under this section shall be 5 transferred at least monthly from the general fund 6 of the Treasury to the Fund on the basis of esti- 7 mates made by the Secretary of the Treasury. 8 (2) ADJUSTMENTS.—Proper adjustment shall 9 be made in amounts subsequently transferred to the 10 extent prior estimates were in excess of or less than 11 the amounts required to be transferred. 12 (e) ACCEPTANCE AND USE OF DONATIONS.—The 13 Secretary may accept and use donations to provide assist- 14 ance under section 4. Amounts received by the Secretary 15 in the form of donations shall be transferred to the Sec- 16 retary of the Treasury for deposit in the Fund. The Sec- 17 retary may reject a gift under this section when the rejec- 18 tion is in the interest of the Government. 19 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 20 There is authorized to be appropriated to the Fund 21 $5,000,000 for each of fiscal years 2022 through 2027. 22 SEC. 6. REPORT TO CONGRESS. 23 Not later than 1 year after the date of enactment 24 of this Act, and every 2 years thereafter, the Secretary 25 VerDate Sep 11 2014 23:46 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1569.IH H1569 kjohnson on DSK79L0C42PROD with BILLS 13 •HR 1569 IH shall submit to Congress a report on the results and effec- 1 tiveness of the program carried out under this Act. 2 Æ VerDate Sep 11 2014 23:46 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6301 E:\BILLS\H1569.IH H1569 kjohnson on DSK79L0C42PROD with BILLS