SALAMANDER Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 4340 To assist in the conservation of highly endangered amphibian species in foreign countries, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 17, 2019 Mr. JEFFRIES (for himself and Mr. KING of New York) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To assist in the conservation of highly endangered amphibian 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 ‘‘Supporting Activities 4 & Leadership Abroad to Move Amphibians Nearing De- 5 cline or Extinction to Recovery Act of 2019’’ or the ‘‘SAL- 6 AMANDER Act of 2019’’. 7 SEC. 2. DEFINITIONS. 8 In this Act: 9 VerDate Sep 11 2014 03:20 Sep 19, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4340.IH H4340 kjohnson on DSK79L0C42 with BILLS 2 •HR 4340 IH (1) CONVENTION.—The term ‘‘Convention’’ 1 means the Convention on International Trade in En- 2 dangered Species of Wild Fauna and Flora (27 UST 3 1087; TIAS 8249). 4 (2) CONSERVATION.—The term ‘‘conservation’’ 5 means the protection and restoration of species and 6 the habitat of such species. 7 (3) FUND.—The term ‘‘Fund’’ means the High- 8 ly Endangered Amphibians Conservation Fund es- 9 tablished by section 5. 10 (4) HIGHLY ENDANGERED AMPHIBIAN SPE- 11 CIES.— 12 (A) IN GENERAL.—The term ‘‘highly en- 13 dangered amphibian species’’ means— 14 (i) any amphibian species categorized 15 on the International Union Conservation of 16 Nature Red List of Threatened Species as 17 either Endangered or Critically Endan- 18 gered; and 19 (ii) any other amphibian species cat- 20 egorized on the International Union Con- 21 servation of Nature Red List of Threat- 22 ened Species as Data Deficient or under a 23 threat category lower than Endangered if 24 the Secretary determines that— 25 VerDate Sep 11 2014 03:20 Sep 19, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4340.IH H4340 kjohnson on DSK79L0C42 with BILLS 3 •HR 4340 IH (I) the most recent International 1 Union Conservation of Nature Red 2 List assessment indicates that the 3 population is decreasing; or 4 (II) such species is facing new or 5 emerging threats. 6 (B) INCLUSIONS.—The term ‘‘highly en- 7 dangered amphibian species’’ includes— 8 (i) live specimens, at all lifecycle 9 stages, of species described in subpara- 10 graph (A); 11 (ii) dead specimens, or parts or prod- 12 ucts thereof, of such species. 13 (5) MULTINATIONAL SPECIES CONSERVATION 14 FUND.—The term ‘‘Multinational Species Conserva- 15 tion Fund’’ means the fund established under the 16 heading ‘‘multinational species conservation fund’’ in 17 title I of the Department of the Interior and Related 18 Agencies Appropriations Act, 1999 (16 U.S.C. 19 4246). 20 (6) SECRETARY.—The term ‘‘Secretary’’ means 21 the Secretary of the Interior. 22 VerDate Sep 11 2014 03:20 Sep 19, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4340.IH H4340 kjohnson on DSK79L0C42 with BILLS 4 •HR 4340 IH SEC. 3. HIGHLY ENDANGERED AMPHIBIAN SPECIES ASSIST- 1 ANCE. 2 (a) IN GENERAL.—In consultation with other Fed- 3 eral officials, the Secretary shall use amounts in the Fund 4 to carry out a competitive grant program to provide finan- 5 cial assistance for the conservation of highly endangered 6 amphibian species. 7 (b) PROJECT PROPOSALS.— 8 (1) ELIGIBLE APPLICANTS.—A proposal for a 9 grant under subsection (a) may be submitted to the 10 Secretary by— 11 (A) any wildlife management authority of 12 a foreign country that has within its boundaries 13 natural habitat of the highly endangered am- 14 phibians if the activities of the authority di- 15 rectly or indirectly benefit that species’ con- 16 servation; or 17 (B) any other person or group with the 18 demonstrated expertise and capacity required 19 for the conservation of a highly endangered am- 20 phibian species. 21 (2) REQUIRED ELEMENTS.—A project proposal 22 shall include— 23 (A) evidence of support for the project by 24 appropriate governmental entities of the coun- 25 try in which the project will be conducted, if the 26 VerDate Sep 11 2014 03:20 Sep 19, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4340.IH H4340 kjohnson on DSK79L0C42 with BILLS 5 •HR 4340 IH Secretary determines that such support is re- 1 quired for the success of the project; 2 (B) evidence of sensitivity to local historic 3 and cultural resources and compliance with ap- 4 plicable laws; 5 (C) evidence of free, prior, and informed 6 consent by indigenous peoples and local commu- 7 nities in the areas the project will be conducted, 8 if the Secretary, based on the nature of the 9 project, determines that such consent is re- 10 quired for the success of the project; 11 (D) information regarding the source and 12 amount of matching funding available for the 13 project; and 14 (E) any other information that the Sec- 15 retary determines to be appropriate. 16 (c) EVALUATION AND APPROVAL.— 17 (1) GOALS.—The Secretary may approve a pro- 18 posal under this section if the project will— 19 (A) help recover and sustain viable popu- 20 lations in the wild of a highly endangered am- 21 phibian species with a range that is, in whole 22 or in part, outside of the United States; 23 (B) enhance compliance with provisions of 24 the Convention and laws of the United States 25 VerDate Sep 11 2014 03:20 Sep 19, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4340.IH H4340 kjohnson on DSK79L0C42 with BILLS 6 •HR 4340 IH or a foreign country related to the conservation 1 of a highly endangered amphibian species; or 2 (C) develop sound scientific information on 3 that species’ habitat, population numbers and 4 trends, reproduction, mortality, and other 5 threats to survival. 6 (2) METHODS.—The Secretary may approve a 7 proposal under this section if the proposal would 8 achieve one of the goals set forth in paragraph (1) 9 through— 10 (A) protection, restoration, and manage- 11 ment of habitat; 12 (B) in situ research and monitoring of 13 populations, habitats, annual reproduction, and 14 species population trends; 15 (C) development, implementation, and im- 16 provement of national and regional manage- 17 ment plans for a highly endangered amphibian 18 species and the habitat of such species; 19 (D) enforcement and implementation of 20 the Convention or the law of a foreign country 21 to— 22 (i) protect and manage a highly en- 23 dangered amphibian species or the habitat 24 of such species; 25 VerDate Sep 11 2014 03:20 Sep 19, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4340.IH H4340 kjohnson on DSK79L0C42 with BILLS 7 •HR 4340 IH (ii) prevent illegal or unsustainable re- 1 moval of a highly endangered amphibian 2 species from the wild; or 3 (iii) prevent illegal trade of a highly 4 endangered amphibian species; 5 (E) training and capacity building for local 6 law enforcement officials in the interdiction and 7 prevention of the illegal killing, removal from 8 the wild, or trade of a highly endangered am- 9 phibian species; 10 (F) an initiative to resolve a conflict be- 11 tween humans and a highly endangered am- 12 phibian species; 13 (G) research and implementation of 14 projects to address disease and threats to the 15 health of a highly endangered amphibian spe- 16 cies; 17 (H) community outreach and education on 18 conservation of a highly endangered amphibian 19 species and the habitat of such species; or 20 (I) strengthening the ability of local com- 21 munities to implement a conservation program. 22 (3) CONSULTATION.—The Secretary shall, prior 23 to approving any proposal under this section, consult 24 VerDate Sep 11 2014 03:20 Sep 19, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4340.IH H4340 kjohnson on DSK79L0C42 with BILLS 8 •HR 4340 IH with each of the following with respect to such pro- 1 posal: 2 (A) The Government of each country in 3 which such proposal will be carried out. 4 (B) Any other Federal agency the Sec- 5 retary determines is appropriate. 6 (4) PREFERENTIAL CONSIDERATION.—In deter- 7 mining whether to approve a proposal, the Secretary 8 shall give preference to a proposal that— 9 (A) is designed to ensure effective, long- 10 term conservation of highly endangered amphib- 11 ian species and their habitats; and 12 (B) has matching funds available. 13 (5) APPROVAL.—The Secretary shall, within 14 180 days of receiving a proposal under this section, 15 approve or disapprove of the proposal and provide 16 written notification of such approval or disapproval 17 to— 18 (A) the person who submitted such pro- 19 posal; 20 (B) any Federal agency the Secretary de- 21 termines appropriate; and 22 (C) the foreign country in which such pro- 23 posal would be carried out. 24 (d) PROJECT REPORTING.— 25 VerDate Sep 11 2014 03:20 Sep 19, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4340.IH H4340 kjohnson on DSK79L0C42 with BILLS 9 •HR 4340 IH (1) IN GENERAL.—The Secretary shall require 1 each person that receives assistance under this sec- 2 tion to submit periodic reports including such infor- 3 mation as the Secretary may require in order to 4 evaluate the progress and success of each grant 5 issued under this section. 6 (2) AVAILABILITY TO THE PUBLIC.—Reports 7 under paragraph (1), and any other documents re- 8 lating to projects for which financial assistance is 9 provided under this Act except for documents that 10 the Secretary determines to be confidential in na- 11 ture, shall be made available to the public. 12 (e) LIMITATIONS ON USE FOR CAPTIVE BREED- 13 ING.—Amounts provided as a grant under this Act— 14 (1) may not be used for captive breeding of 15 highly endangered amphibian species other than for 16 captive breeding designed for release into the wild; 17 and 18 (2) may be used for captive breeding of a spe- 19 cies for release into the wild only if no other con- 20 servation method for the species is biologically or 21 technically feasible. 22 VerDate Sep 11 2014 03:20 Sep 19, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4340.IH H4340 kjohnson on DSK79L0C42 with BILLS 10 •HR 4340 IH SEC. 4. HIGHLY ENDANGERED AMPHIBIAN SPECIES CON- 1 SERVATION FUND. 2 (a) ESTABLISHMENT.—There is established in the 3 Multinational Species Conservation Fund a separate ac- 4 count to be known as the ‘‘Highly Endangered Amphibian 5 Species Conservation Fund’’, consisting of— 6 (1) amounts transferred to the Secretary of the 7 Treasury for deposit into the Fund under subsection 8 (e); 9 (2) amounts appropriated to the Fund under 10 section 6; 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 19 out section 4. 20 (2) ADMINISTRATIVE EXPENSES.—Of the 21 amounts in the account available for each fiscal 22 year, the Secretary may expend not more than 3 23 percent, or up to $150,000, whichever is greater, to 24 pay the administrative expenses necessary to carry 25 out this Act. 26 VerDate Sep 11 2014 03:20 Sep 19, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4340.IH H4340 kjohnson on DSK79L0C42 with BILLS 11 •HR 4340 IH (c) INVESTMENT OF AMOUNTS.— 1 (1) IN GENERAL.—The Secretary of the Treas- 2 ury shall invest such portion of the Fund as is not, 3 in the judgment of the Secretary of the Treasury, 4 required to meet current withdrawals. Investments 5 may be made only in interest-bearing obligations of 6 the United States. 7 (2) ACQUISITION OF OBLIGATIONS.—For the 8 purpose of investments under paragraph (1), obliga- 9 tions 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 17 the proceeds from the sale or redemption of, any ob- 18 ligations held in the Fund shall be credited to and 19 form 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 24 VerDate Sep 11 2014 03:20 Sep 19, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4340.IH H4340 kjohnson on DSK79L0C42 with BILLS 12 •HR 4340 IH of the Treasury to the Fund on the basis of esti- 1 mates made by the Secretary of the Treasury. 2 (2) ADJUSTMENTS.—Proper adjustment shall 3 be made in amounts subsequently transferred to the 4 extent prior estimates were in excess of or less than 5 the amounts required to be transferred. 6 (e) ACCEPTANCE AND USE OF DONATIONS.—The 7 Secretary may accept and use donations to provide assist- 8 ance under section 4. Amounts received by the Secretary 9 in the form of donations shall be transferred to the Sec- 10 retary of the Treasury for deposit in the Fund. The Sec- 11 retary may reject a gift under this section when the rejec- 12 tion is in the 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 2020 through 2025. 16 SEC. 6. REPORT TO CONGRESS. 17 Not later than 1 year after the date of enactment 18 of this Act, and every 2 years thereafter, the Secretary 19 shall submit to Congress a report on the results and effec- 20 tiveness of the program carried out under this Act. 21 Æ VerDate Sep 11 2014 03:20 Sep 19, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\H4340.IH H4340 kjohnson on DSK79L0C42 with BILLS