Critically Endangered Animals Conservation Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 4341 To assist in the conservation of critically endangered species in foreign countries, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 17, 2019 Mr. HUFFMAN (for himself, Mr. BUCHANAN, Ms. SCHAKOWSKY, Mr. FITZPATRICK, Mr. VAN DREW, Mr. KING of New York, Ms. WILD, Mr. BLUMENAUER, Mr. BEYER, Mr. LOWENTHAL, Ms. LOFGREN, Mr. COHEN, and Mr. HASTINGS) introduced the following bill; which was re- ferred 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 2019’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) CONVENTION.—The term ‘‘Convention’’ 8 means the Convention on International Trade in En- 9 VerDate Sep 11 2014 02:11 Sep 19, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4341.IH H4341 kjohnson on DSK79L0C42 with BILLS 2 •HR 4341 IH dangered Species of Wild Fauna and Flora (27 UST 1 1087; TIAS 8249). 2 (2) CONSERVATION.—The term ‘‘conservation’’ 3 means the protection and restoration of species and 4 the habitat of such species. 5 (3) FUND.—The term ‘‘Fund’’ means the Criti- 6 cally Endangered Animals Conservation Fund estab- 7 lished by section 5. 8 (4) CRITICALLY ENDANGERED SPECIES.— 9 (A) IN GENERAL.—The term ‘‘critically en- 10 dangered species’’ means— 11 (i) any animal species categorized on 12 the International Union Conservation of 13 Nature Red List of Threatened Species as 14 either Endangered or Critically Endan- 15 gered; and 16 (ii) any other animals species cat- 17 egorized on the International Union Con- 18 servation of Nature Red List of Threat- 19 ened Species as Data Deficient or under a 20 threat category lower than Endangered if 21 the Secretary determines that— 22 (I) the most recent International 23 Union Conservation of Nature Red 24 VerDate Sep 11 2014 02:11 Sep 19, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4341.IH H4341 kjohnson on DSK79L0C42 with BILLS 3 •HR 4341 IH List assessment indicates that the 1 population is decreasing; or 2 (II) such species is facing new or 3 emerging threats. 4 (B) INCLUSIONS.—The term ‘‘critically en- 5 dangered species’’ includes— 6 (i) any part, product, egg, offspring or 7 live specimen of a species described in sub- 8 paragraph (A); and 9 (ii) a carcass of such a species. 10 (5) MULTINATIONAL SPECIES CONSERVATION 11 FUND.—The term ‘‘Multinational Species Conserva- 12 tion Fund’’ means the fund established under the 13 heading ‘‘multinational species conservation fund’’ in 14 title I of the Department of the Interior and Related 15 Agencies Appropriations Act, 1999 (16 U.S.C. 16 4246). 17 (6) SECRETARY.—The term ‘‘Secretary’’ means 18 the Secretary of the Interior. 19 SEC. 3. CRITICALLY ENDANGERED ANIMALS CONSERVA- 20 TION ASSISTANCE. 21 (a) IN GENERAL.—In consultation with other Fed- 22 eral officials, the Secretary shall use amounts in the Fund 23 to carry out a competitive grant program to provide finan- 24 VerDate Sep 11 2014 02:11 Sep 19, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4341.IH H4341 kjohnson on DSK79L0C42 with BILLS 4 •HR 4341 IH cial assistance for the conservation of critically endangered 1 species. 2 (b) PROJECT PROPOSALS.— 3 (1) ELIGIBLE APPLICANTS.—A proposal for a 4 grant under subsection (a) may be submitted to the 5 Secretary by— 6 (A) any wildlife management authority of 7 a foreign country that has within its boundaries 8 natural habitat of the critically endangered spe- 9 cies if the activities of the authority directly or 10 indirectly benefit that species’ conservation; or 11 (B) any other person or group with the 12 demonstrated expertise and capacity required 13 for the conservation of a critically endangered 14 species. 15 (2) REQUIRED ELEMENTS.—A project proposal 16 shall include— 17 (A) evidence of support for the project by 18 appropriate governmental entities of the coun- 19 try in which the project will be conducted, if the 20 Secretary determines that such support is re- 21 quired for the success of the project; 22 (B) evidence of sensitivity to local historic 23 and cultural resources and compliance with ap- 24 plicable laws; 25 VerDate Sep 11 2014 02:11 Sep 19, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4341.IH H4341 kjohnson on DSK79L0C42 with BILLS 5 •HR 4341 IH (C) evidence of free, prior, and informed 1 consent by indigenous peoples and local commu- 2 nities in the areas the project will be conducted, 3 if the Secretary, based on the nature of the 4 project, determines that such consent is re- 5 quired for the success of the project; 6 (D) information regarding the source and 7 amount of matching funding available for the 8 project; and 9 (E) any other information that the Sec- 10 retary determines to be appropriate. 11 (c) EVALUATION AND APPROVAL.— 12 (1) GOALS.—The Secretary may approve a pro- 13 posal under this section if the project will— 14 (A) help recover and sustain viable popu- 15 lations in the wild of a critically endangered 16 species with a range that is, in whole or in part, 17 outside of the United States; 18 (B) enhance compliance with provisions of 19 the Convention and laws of the United States 20 or a foreign country related to the conservation 21 of a critically endangered species; or 22 (C) develop sound scientific information on 23 that species’ habitat, population numbers and 24 VerDate Sep 11 2014 02:11 Sep 19, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4341.IH H4341 kjohnson on DSK79L0C42 with BILLS 6 •HR 4341 IH trends, reproduction, mortality, and other 1 threats to survival. 2 (2) METHODS.—The Secretary may approve a 3 proposal under this section if the proposal would 4 achieve one of the goals set forth in paragraph (1) 5 through— 6 (A) protection, restoration, and manage- 7 ment of habitat; 8 (B) in situ research and monitoring of 9 populations, habitats, annual reproduction, and 10 species population trends; 11 (C) development, implementation, and im- 12 provement of national and regional manage- 13 ment plans for a critically endangered species 14 and the habitat of such species; 15 (D) enforcement and implementation of 16 the Convention or the law of a foreign country 17 to— 18 (i) protect and manage a critically en- 19 dangered species or the habitat of such 20 species; 21 (ii) prevent illegal or unsustainable re- 22 moval of a critically endangered species 23 from the wild, including as marine bycatch; 24 or 25 VerDate Sep 11 2014 02:11 Sep 19, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4341.IH H4341 kjohnson on DSK79L0C42 with BILLS 7 •HR 4341 IH (iii) prevent illegal trade of a critically 1 endangered species; 2 (E) training and capacity building for local 3 law enforcement officials in the interdiction and 4 prevention of the illegal killing, removal from 5 the wild, or trade of a critically endangered spe- 6 cies; 7 (F) an initiative to resolve a conflict be- 8 tween humans and a critically endangered spe- 9 cies; 10 (G) research and implementation of 11 projects to address disease and threats to the 12 health of a critically endangered species; 13 (H) community outreach and education on 14 conservation of a critically endangered species 15 and the habitat of such species; or 16 (I) strengthening the ability of local com- 17 munities to implement a conservation program. 18 (3) CONSULTATION.—The Secretary shall, prior 19 to approving any proposal under this section, consult 20 with each of the following with respect to such pro- 21 posal: 22 (A) The Government of each country in 23 which such proposal will be carried out. 24 VerDate Sep 11 2014 02:11 Sep 19, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4341.IH H4341 kjohnson on DSK79L0C42 with BILLS 8 •HR 4341 IH (B) Any other Federal agency the Sec- 1 retary determines is appropriate. 2 (4) PREFERENTIAL CONSIDERATION.—In deter- 3 mining whether to approve a proposal, the Secretary 4 shall give preference to a proposal that— 5 (A) is designed to ensure effective, long- 6 term conservation of critically endangered spe- 7 cies and their habitats; and 8 (B) has matching funds available. 9 (5) APPROVAL.—The Secretary shall, within 10 180 days of receiving a proposal under this section, 11 approve or disapprove of the proposal and provide 12 written notification of such approval or disapproval 13 to— 14 (A) the person who submitted such pro- 15 posal; 16 (B) any Federal agency the Secretary de- 17 termines appropriate; and 18 (C) the foreign country in which such pro- 19 posal would be carried out. 20 (d) PROJECT REPORTING.— 21 (1) IN GENERAL.—The Secretary shall require 22 each person that receives assistance under this sec- 23 tion to submit periodic reports including such infor- 24 mation as the Secretary may require in order to 25 VerDate Sep 11 2014 02:11 Sep 19, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4341.IH H4341 kjohnson on DSK79L0C42 with BILLS 9 •HR 4341 IH evaluate the progress and success of each grant 1 issued under this section. 2 (2) AVAILABILITY TO THE PUBLIC.—Reports 3 under paragraph (1), and any other documents re- 4 lating to projects for which financial assistance is 5 provided under this Act except for documents that 6 the Secretary determines to be confidential in na- 7 ture, shall be made available to the public. 8 (e) LIMITATIONS ON USE FOR CAPTIVE BREED- 9 ING.—Amounts provided as a grant under this Act— 10 (1) may not be used for captive breeding of 11 critically endangered species other than for captive 12 breeding designed for release into the wild; and 13 (2) may be used for captive breeding of a spe- 14 cies for release into the wild only if no other con- 15 servation method for the species is biologically or 16 technically feasible. 17 SEC. 4. CRITICALLY ENDANGERED ANIMALS CONSERVA- 18 TION FUND. 19 (a) ESTABLISHMENT.—There is established in the 20 Multinational Species Conservation Fund a separate ac- 21 count to be known as the ‘‘Critically Endangered Animals 22 Conservation Fund’’, consisting of— 23 VerDate Sep 11 2014 02:11 Sep 19, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4341.IH H4341 kjohnson on DSK79L0C42 with BILLS 10 •HR 4341 IH (1) amounts transferred to the Secretary of the 1 Treasury for deposit into the Fund under subsection 2 (e); 3 (2) amounts appropriated to the Fund under 4 section 6; and 5 (3) any interest earned on investment of 6 amounts in the Fund under subsection (c). 7 (b) EXPENDITURES FROM FUND.— 8 (1) IN GENERAL.—Subject to paragraph (2), at 9 the request of the Secretary, the Secretary of the 10 Treasury shall transfer from the Fund to the Sec- 11 retary, without further appropriation, such amounts 12 as the Secretary determines are necessary to carry 13 out section 4. 14 (2) ADMINISTRATIVE EXPENSES.—Of the 15 amounts in the account available for each fiscal 16 year, the Secretary may expend not more than 3 17 percent, or up to $150,000, whichever is greater, to 18 pay the administrative expenses necessary to carry 19 out this Act. 20 (c) INVESTMENT OF AMOUNTS.— 21 (1) IN GENERAL.—The Secretary of the Treas- 22 ury shall invest such portion of the Fund as is not, 23 in the judgment of the Secretary of the Treasury, 24 required to meet current withdrawals. Investments 25 VerDate Sep 11 2014 02:11 Sep 19, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4341.IH H4341 kjohnson on DSK79L0C42 with BILLS 11 •HR 4341 IH may be made only in interest-bearing obligations of 1 the United States. 2 (2) ACQUISITION OF OBLIGATIONS.—For the 3 purpose of investments under paragraph (1), obliga- 4 tions may be acquired— 5 (A) on original issue at the issue price; or 6 (B) by purchase of outstanding obligations 7 at market price. 8 (3) SALE OF OBLIGATIONS.—Any obligation ac- 9 quired by the Fund may be sold by the Secretary of 10 the Treasury at market price. 11 (4) CREDITS TO FUND.—The interest on, and 12 the proceeds from the sale or redemption of, any ob- 13 ligations held in the Fund shall be credited to and 14 form a part of the Fund. 15 (d) TRANSFERS OF AMOUNTS.— 16 (1) IN GENERAL.—The amounts required to be 17 transferred to the Fund under this section shall be 18 transferred at least monthly from the general fund 19 of the Treasury to the Fund on the basis of esti- 20 mates made by the Secretary of the Treasury. 21 (2) ADJUSTMENTS.—Proper adjustment shall 22 be made in amounts subsequently transferred to the 23 extent prior estimates were in excess of or less than 24 the amounts required to be transferred. 25 VerDate Sep 11 2014 02:11 Sep 19, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4341.IH H4341 kjohnson on DSK79L0C42 with BILLS 12 •HR 4341 IH (e) ACCEPTANCE AND USE OF DONATIONS.—The 1 Secretary may accept and use donations to provide assist- 2 ance under section 4. Amounts received by the Secretary 3 in the form of donations shall be transferred to the Sec- 4 retary of the Treasury for deposit in the Fund. The Sec- 5 retary may reject a gift under this section when the rejec- 6 tion is in the interest of the Government. 7 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 8 There is authorized to be appropriated to the Fund 9 $5,000,000 for each of fiscal years 2020 through 2025. 10 SEC. 6. REPORT TO CONGRESS. 11 Not later than 1 year after the date of enactment 12 of this Act, and every 2 years thereafter, the Secretary 13 shall submit to Congress a report on the results and effec- 14 tiveness of the program carried out under this Act. 15 Æ VerDate Sep 11 2014 02:11 Sep 19, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\H4341.IH H4341 kjohnson on DSK79L0C42 with BILLS