Global Amphibian Protection Act of 2021

IB Union Calendar No. 408 117TH CONGRESS 2D SESSION H. R. 2026 [Report No. 117–567] To assist in the conservation of highly endangered amphibian species in foreign countries, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 18, 2021 Mr. JEFFRIES (for himself, Mr. BUCHANAN, Mr. FITZPATRICK, and Mr. HUFFMAN) introduced the following bill; which was referred to the Com- mittee on Natural Resources NOVEMBER 16, 2022 Additional sponsors: Mr. GARAMENDI, Mr. BLUMENAUER, Mr. DEFAZIO, Mrs. NAPOLITANO, Ms. BARRAGA´N, and Ms. NORTON NOVEMBER 16, 2022 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [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 March 18, 2021] VerDate Sep 11 2014 01:03 Nov 17, 2022 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H2026.RH H2026 SSpencer on DSK126QN23PROD with BILLS 2 •HR 2026 RH A BILL To assist in the conservation of highly endangered amphibian species in foreign countries, and for other purposes. VerDate Sep 11 2014 01:03 Nov 17, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H2026.RH H2026 SSpencer on DSK126QN23PROD with BILLS 3 •HR 2026 RH 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 ‘‘Global Amphibian Pro- 4 tection Act of 2021’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) CONVENTION.—The term ‘‘Convention’’ 8 means the Convention on International Trade in En- 9 dangered Species of Wild Fauna and Flora (27 UST 10 1087; TIAS 8249). 11 (2) CONSERVATION.—The term ‘‘conservation’’ 12 means the protection and restoration of species and 13 the habitat of such species. 14 (3) FUND.—The term ‘‘Fund’’ means the Highly 15 Endangered Amphibians Conservation Fund estab- 16 lished by section 4. 17 (4) HIGHLY ENDANGERED AMPHIBIAN SPE- 18 CIES.— 19 (A) IN GENERAL.—The term ‘‘highly endan- 20 gered amphibian species’’ means— 21 (i) any amphibian species categorized 22 on the International Union for Conserva- 23 tion of Nature Red List of Threatened Spe- 24 VerDate Sep 11 2014 01:03 Nov 17, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H2026.RH H2026 SSpencer on DSK126QN23PROD with BILLS 4 •HR 2026 RH cies as Endangered, Critically Endangered, 1 or Extinct in the Wild; and 2 (ii) any other amphibian species cat- 3 egorized on the International Union for 4 Conservation of Nature Red List of Threat- 5 ened Species as Data Deficient or under a 6 threat category lower than Endangered if 7 the Secretary determines that— 8 (I) the most recent International 9 Union for Conservation of Nature Red 10 List assessment indicates that the pop- 11 ulation is decreasing; or 12 (II) such species is facing new or 13 emerging threats. 14 (B) INCLUSIONS.—The term ‘‘highly endan- 15 gered amphibian species’’ includes— 16 (i) live specimens, at all lifecycle 17 stages, of species described in subparagraph 18 (A); 19 (ii) dead specimens, or parts or prod- 20 ucts thereof, of such species. 21 (5) MULTINATIONAL SPECIES CONSERVATION 22 FUND.—The term ‘‘Multinational Species Conserva- 23 tion Fund’’ means the fund established under the 24 heading ‘‘multinational species conservation fund’’ in 25 VerDate Sep 11 2014 01:03 Nov 17, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H2026.RH H2026 SSpencer on DSK126QN23PROD with BILLS 5 •HR 2026 RH title I of the Department of the Interior and Related 1 Agencies Appropriations Act, 1999 (16 U.S.C. 4246). 2 (6) SECRETARY.—The term ‘‘Secretary’’ means 3 the Secretary of the Interior. 4 SEC. 3. HIGHLY ENDANGERED AMPHIBIAN SPECIES ASSIST- 5 ANCE. 6 (a) IN GENERAL.—In consultation with other Federal 7 officials, the Secretary shall use amounts in the Fund to 8 carry out a competitive grant program to provide financial 9 assistance for the conservation of highly endangered am- 10 phibian species. 11 (b) PROJECT PROPOSALS.— 12 (1) ELIGIBLE APPLICANTS.—A proposal for a 13 grant under subsection (a) may be submitted to the 14 Secretary by— 15 (A) any wildlife management authority of a 16 foreign country that has within its boundaries 17 natural habitat of a highly endangered amphib- 18 ian species if the activities of the authority di- 19 rectly or indirectly benefit that species’ conserva- 20 tion; or 21 (B) any other person or group with the 22 demonstrated expertise and capacity required for 23 the conservation of a highly endangered amphib- 24 ian species. 25 VerDate Sep 11 2014 01:03 Nov 17, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H2026.RH H2026 SSpencer on DSK126QN23PROD with BILLS 6 •HR 2026 RH (2) REQUIRED ELEMENTS.—A project proposal 1 shall include— 2 (A) evidence of support for the project by 3 appropriate governmental entities of the country 4 in which the project will be conducted, if the Sec- 5 retary determines that such support is required 6 for the success of the project; 7 (B) evidence of sensitivity to local historic 8 and cultural resources and compliance with ap- 9 plicable laws; 10 (C) evidence of free, prior, and informed 11 consent by indigenous peoples and local commu- 12 nities in the areas the project will be conducted, 13 if the Secretary, based on the nature of the 14 project, determines that such consent is required 15 for the success of the project; 16 (D) information regarding the source and 17 amount of matching funding available for the 18 project; and 19 (E) any other information that the Sec- 20 retary determines to be appropriate. 21 (c) EVALUATION AND APPROVAL.— 22 (1) GOALS.—The Secretary may approve a pro- 23 posal under this section if the project will— 24 VerDate Sep 11 2014 01:03 Nov 17, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H2026.RH H2026 SSpencer on DSK126QN23PROD with BILLS 7 •HR 2026 RH (A) help recover and sustain viable popu- 1 lations in the wild of a highly endangered am- 2 phibian species with a range that is, in whole or 3 in part, outside of the United States; 4 (B) enhance compliance with provisions of 5 the Convention and laws of the United States or 6 a foreign country related to the conservation of 7 a highly endangered amphibian species; or 8 (C) develop sound scientific information on 9 that species’ habitat, population numbers and 10 trends, reproduction, mortality, and other 11 threats to survival. 12 (2) METHODS.—The Secretary may approve a 13 proposal under this section if the proposal would 14 achieve one of the goals set forth in paragraph (1) 15 through— 16 (A) protection, restoration, and manage- 17 ment of habitat; 18 (B) in situ research and monitoring of pop- 19 ulations, habitats, annual reproduction, and spe- 20 cies population trends; 21 (C) development, implementation, and im- 22 provement of national and regional management 23 plans for a highly endangered amphibian species 24 and the habitat of such species; 25 VerDate Sep 11 2014 01:03 Nov 17, 2022 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H2026.RH H2026 SSpencer on DSK126QN23PROD with BILLS 8 •HR 2026 RH (D) enforcement and implementation of the 1 Convention or the law of a foreign country to— 2 (i) protect and manage a highly en- 3 dangered amphibian species or the habitat 4 of such species; 5 (ii) prevent illegal or unsustainable re- 6 moval of a highly endangered amphibian 7 species from the wild; or 8 (iii) prevent illegal trade of a highly 9 endangered amphibian species; 10 (E) training and capacity building for local 11 law enforcement officials in the interdiction and 12 prevention of the illegal killing, removal from the 13 wild, or trade of a highly endangered amphibian 14 species; 15 (F) an initiative to resolve a conflict be- 16 tween humans and a highly endangered amphib- 17 ian species; 18 (G) research and implementation of projects 19 to address disease and threats to the health of a 20 highly endangered amphibian species; 21 (H) community outreach and education on 22 conservation of a highly endangered amphibian 23 species and the habitat of such species; or 24 VerDate Sep 11 2014 01:03 Nov 17, 2022 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H2026.RH H2026 SSpencer on DSK126QN23PROD with BILLS 9 •HR 2026 RH (I) strengthening the ability of local com- 1 munities to implement a conservation program. 2 (3) CONSULTATION.—The Secretary shall, prior 3 to approving any proposal under this section, consult 4 with each of the following with respect to such pro- 5 posal: 6 (A) The Government of each country in 7 which such proposal will be carried out. 8 (B) Any other Federal agency the Secretary 9 determines is appropriate. 10 (4) PREFERENTIAL CONSIDERATION.—In deter- 11 mining whether to approve a proposal, the Secretary 12 shall give preference to a proposal that— 13 (A) is designed to ensure effective, long-term 14 conservation of highly endangered amphibian 15 species and their habitats; and 16 (B) has matching funds available. 17 (5) APPROVAL.—The Secretary shall, within 180 18 days of receiving a proposal under this section, ap- 19 prove or disapprove of the proposal and provide writ- 20 ten notification of such approval or disapproval to— 21 (A) the person who submitted such proposal; 22 (B) any Federal agency the Secretary deter- 23 mines appropriate; and 24 VerDate Sep 11 2014 01:03 Nov 17, 2022 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H2026.RH H2026 SSpencer on DSK126QN23PROD with BILLS 10 •HR 2026 RH (C) the foreign country in which such pro- 1 posal would be carried out. 2 (d) PROJECT REPORTING.— 3 (1) IN GENERAL.—The Secretary shall require 4 each person that receives assistance under this section 5 to submit periodic reports including such information 6 as the Secretary may require in order to evaluate the 7 progress and success of each grant issued under this 8 section. 9 (2) AVAILABILITY TO THE PUBLIC.—Reports 10 under paragraph (1), and any other documents relat- 11 ing to projects for which financial assistance is pro- 12 vided under this Act except for documents that the 13 Secretary determines to be confidential in nature, 14 shall be made available to the public. 15 (e) LIMITATIONS ON USE FOR CAPTIVE BREEDING.— 16 Amounts provided as a grant under this Act— 17 (1) may not be used for captive breeding of high- 18 ly endangered amphibian species other than for cap- 19 tive breeding designed for release into the wild; and 20 (2) may be used for captive breeding of a species 21 for release into the wild only if no other conservation 22 method for the species is biologically or technically 23 feasible. 24 VerDate Sep 11 2014 01:03 Nov 17, 2022 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H2026.RH H2026 SSpencer on DSK126QN23PROD with BILLS 11 •HR 2026 RH SEC. 4. HIGHLY ENDANGERED AMPHIBIAN SPECIES CON- 1 SERVATION FUND. 2 (a) ESTABLISHMENT.—There is established in the Mul- 3 tinational Species Conservation Fund a separate account 4 to be known as the ‘‘Highly Endangered Amphibian Species 5 Conservation Fund’’, consisting of— 6 (1) amounts transferred to the Secretary of the 7 Treasury for deposit into the Fund under subsections 8 (d) and (e); 9 (2) amounts appropriated to the Fund under 10 section 5; and 11 (3) any interest earned on investment of 12 amounts in the Fund under subsection (c). 13 (b) EXPENDITURES FROM FUND.— 14 (1) IN GENERAL.—Subject to paragraph (2), at 15 the request of the Secretary, the Secretary of the 16 Treasury shall transfer from the Fund to the Sec- 17 retary, without further appropriation, such amounts 18 as the Secretary determines are necessary to carry out 19 section 3. 20 (2) ADMINISTRATIVE EXPENSES.—Of the 21 amounts in the account available for each fiscal year, 22 the Secretary may expend not more than 3 percent, 23 or up to $150,000, whichever is greater, to pay the 24 administrative expenses necessary to carry out this 25 Act. 26 VerDate Sep 11 2014 01:03 Nov 17, 2022 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H2026.RH H2026 SSpencer on DSK126QN23PROD with BILLS 12 •HR 2026 RH (c) INVESTMENT OF AMOUNTS.— 1 (1) IN GENERAL.—The Secretary of the Treasury 2 shall invest such portion of the Fund as is not, in the 3 judgment of the Secretary of the Treasury, required to 4 meet current withdrawals. Investments may be made 5 only in interest-bearing obligations of the United 6 States. 7 (2) ACQUISITION OF OBLIGATIONS.—For the pur- 8 pose of investments under paragraph (1), obligations 9 may be acquired— 10 (A) on original issue at the issue price; or 11 (B) by purchase of outstanding obligations 12 at market price. 13 (3) SALE OF OBLIGATIONS.—Any obligation ac- 14 quired by the Fund may be sold by the Secretary of 15 the Treasury at market price. 16 (4) CREDITS TO FUND.—The interest on, and the 17 proceeds from the sale or redemption of, any obliga- 18 tions held in the Fund shall be credited to and form 19 a part of the Fund. 20 (d) TRANSFERS OF AMOUNTS.— 21 (1) IN GENERAL.—The amounts required to be 22 transferred to the Fund under this section shall be 23 transferred at least monthly from the general fund of 24 VerDate Sep 11 2014 01:03 Nov 17, 2022 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H2026.RH H2026 SSpencer on DSK126QN23PROD with BILLS 13 •HR 2026 RH the Treasury to the Fund on the basis of estimates 1 made by the Secretary of the Treasury. 2 (2) ADJUSTMENTS.—Proper adjustment shall be 3 made in amounts subsequently transferred to the ex- 4 tent prior estimates were in excess of or less than the 5 amounts required to be transferred. 6 (e) ACCEPTANCE AND USE OF DONATIONS.—The Sec- 7 retary may accept and use donations to provide assistance 8 under section 3. Amounts received by the Secretary in the 9 form of donations shall be transferred to the Secretary of 10 the Treasury for deposit in the Fund. The Secretary may 11 reject a gift under this section when the rejection is in the 12 interest of the Government. 13 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 14 There is authorized to be appropriated to the Fund 15 $5,000,000 for each of fiscal years 2022 through 2027. 16 SEC. 6. REPORT TO CONGRESS. 17 Not later than 1 year after the date of enactment of 18 this Act, and every 2 years thereafter, the Secretary shall 19 submit to Congress a report on the results and effectiveness 20 of the program carried out under this Act. 21 VerDate Sep 11 2014 01:03 Nov 17, 2022 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\H2026.RH H2026 SSpencer on DSK126QN23PROD with BILLS Union Calendar No. 408 117TH CONGRESS 2D SESSION H. R. 2026 [Repor [Text truncated for display. Full text available on Congress.gov.]