Extinction Prevention Act of 2019

II 116TH CONGRESS 1ST SESSION S. 3117 To create dedicated funds to conserve butterflies in North America, plants in the Pacific Islands, freshwater mussels in the United States, and desert fish in the Southwest United States, and for other purposes. IN THE SENATE OF THE UNITED STATES DECEMBER 19, 2019 Mr. BLUMENTHAL (for himself, Mr. MERKLEY, Ms. HIRONO, and Ms. ROSEN) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To create dedicated funds to conserve butterflies in North America, plants in the Pacific Islands, freshwater mus- sels in the United States, and desert fish in the South- west United States, 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; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Extinction Prevention Act of 2019’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. VerDate Sep 11 2014 16:52 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S3117.IS S3117 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3117 IS Sec. 2. Definition of Secretary. TITLE I—NORTH AMERICA BUTTERFLY CONSERVATION FUND ACT OF 2019 Sec. 101. Short title. Sec. 102. Purposes. Sec. 103. Definitions. Sec. 104. North America butterfly conservation assistance. Sec. 105. North America Butterfly Conservation Fund. Sec. 106. Report to Congress. Sec. 107. Authorization of appropriations. TITLE II—PACIFIC ISLANDS PLANT CONSERVATION FUND ACT OF 2019 Sec. 201. Short title. Sec. 202. Purpose. Sec. 203. Definitions. Sec. 204. Pacific Islands plant conservation assistance. Sec. 205. Pacific Islands Plant Conservation Fund. Sec. 206. Report to Congress. Sec. 207. Authorization of appropriations. TITLE III—FRESHWATER MUSSEL CONSERVATION FUND ACT OF 2019 Sec. 301. Short title. Sec. 302. Purpose. Sec. 303. Definitions. Sec. 304. Freshwater mussel conservation assistance. Sec. 305. Freshwater Mussel Conservation Fund. Sec. 306. Report to Congress. Sec. 307. Authorization of appropriations. TITLE IV—SOUTHWEST DESERT FISH CONSERVATION FUND ACT OF 2019 Sec. 401. Short title. Sec. 402. Purpose. Sec. 403. Definitions. Sec. 404. Southwest desert fish conservation assistance. Sec. 405. Southwest Desert Fish Conservation Fund. Sec. 406. Report to Congress. Sec. 407. Authorization of appropriations. SEC. 2. DEFINITION OF SECRETARY. 1 In this Act, the term ‘‘Secretary’’ means the Sec- 2 retary of the Interior. 3 VerDate Sep 11 2014 16:52 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3117.IS S3117 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3117 IS TITLE I—NORTH AMERICA BUT- 1 TERFLY CONSERVATION 2 FUND ACT OF 2019 3 SEC. 101. SHORT TITLE. 4 This title may be cited as the ‘‘North America But- 5 terfly Conservation Fund Act of 2019’’. 6 SEC. 102. PURPOSES. 7 The purposes of this title are— 8 (1) to perpetuate healthy populations of butter- 9 flies in North America; 10 (2) to assist in the conservation of threatened 11 and endangered butterflies by supporting conserva- 12 tion initiatives in North America; and 13 (3) to provide financial resources and to foster 14 international cooperation for the conservation initia- 15 tives described in paragraph (2). 16 SEC. 103. DEFINITIONS. 17 In this title: 18 (1) BUTTERFLY.—The term ‘‘butterfly’’ means 19 any member of the order Lepidoptera. 20 (2) CONSERVATION.—The term ‘‘conservation’’ 21 means the use of all methods and procedures nec- 22 essary to protect the habitats of butterflies in North 23 America and the butterflies in those habitats, includ- 24 ing— 25 VerDate Sep 11 2014 16:52 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3117.IS S3117 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3117 IS (A) protection, restoration, and manage- 1 ment of the habitats; 2 (B) onsite research and monitoring of— 3 (i) butterfly populations; 4 (ii) butterfly habitats; 5 (iii) annual butterfly reproduction; 6 and 7 (iv) butterfly species population 8 trends; 9 (C) assistance in the development, imple- 10 mentation, and improvement of national and re- 11 gional management plans; 12 (D) enforcement and implementation of 13 applicable conservation laws; and 14 (E) community outreach and education. 15 (3) FUND.—The term ‘‘Fund’’ means the 16 North America Butterfly Conservation Fund estab- 17 lished by section 105(a). 18 (4) NORTH AMERICA.—The term ‘‘North Amer- 19 ica’’ means— 20 (A) Antigua and Barbuda; 21 (B) the Bahamas; 22 (C) Barbados; 23 (D) Belize; 24 (E) Canada; 25 VerDate Sep 11 2014 16:52 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3117.IS S3117 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 3117 IS (F) Costa Rica; 1 (G) Cuba; 2 (H) Dominica; 3 (I) the Dominican Republic; 4 (J) El Salvador; 5 (K) Grenada; 6 (L) Guatemala; 7 (M) Haiti; 8 (N) Honduras; 9 (O) Jamaica; 10 (P) Mexico; 11 (Q) Nicaragua; 12 (R) Panama; 13 (S) Saint Kitts and Nevis; 14 (T) Saint Lucia; 15 (U) Saint Vincent and the Grenadines; 16 (V) Trinidad and Tobago; and 17 (W) the United States. 18 SEC. 104. NORTH AMERICA BUTTERFLY CONSERVATION AS- 19 SISTANCE. 20 (a) ASSISTANCE.— 21 (1) IN GENERAL.—Subject to the availability of 22 funds, and in consultation with other Federal offi- 23 cials, the Secretary shall use amounts in the Fund 24 to provide financial assistance for projects for the 25 VerDate Sep 11 2014 16:52 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3117.IS S3117 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 3117 IS conservation of butterflies and for which a project 1 proposal is approved by the Secretary under sub- 2 section (c). 3 (2) USE OF EXISTING AUTHORITIES.—Assist- 4 ance provided under this section shall be carried out 5 in a manner consistent with authorities available to 6 the Secretary under the Endangered Species Act of 7 1973 (16 U.S.C. 1531 et seq.). 8 (b) PROJECT PROPOSALS.— 9 (1) ELIGIBLE APPLICANTS.—A proposal for a 10 project for the conservation of butterflies may be 11 submitted to the Secretary by— 12 (A) a State that has within its boundaries 13 butterfly habitat; 14 (B) a Tribal agency of an Indian Tribe the 15 Tribal land of which contains butterfly habitat; 16 (C) a relevant State agency, Tribal agency, 17 research institution, nonprofit organization, or 18 wildlife management authority in North Amer- 19 ica that directly or indirectly affects butterfly 20 conservation, as determined by the Secretary; 21 or 22 (D) any other individual or entity, as de- 23 termined appropriate by the Secretary, with the 24 VerDate Sep 11 2014 16:52 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3117.IS S3117 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 3117 IS demonstrated expertise required for the con- 1 servation of butterflies in North America. 2 (2) FEDERAL PARTNERSHIP OPPORTUNITIES.— 3 (A) IN GENERAL.—A Federal agency may 4 be included as a partner or a collaborator on a 5 project that receives funding under this section. 6 (B) PROHIBITION.—A Federal agency may 7 not— 8 (i) be a lead entity on a project that 9 receives funding under this section; or 10 (ii) receive funding for a project under 11 this section. 12 (3) REQUIRED ELEMENTS.—A project proposal 13 shall include— 14 (A) a statement of the purposes of the 15 project; 16 (B) the name of the entity or individual 17 with overall responsibility for the project; 18 (C) a description of— 19 (i) the qualifications of the entity or 20 individuals that will carry out the project; 21 (ii) methods for project implementa- 22 tion and outcome assessment; 23 (iii) staffing and stakeholder engage- 24 ment for the project; 25 VerDate Sep 11 2014 16:52 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3117.IS S3117 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 3117 IS (iv) the logistics of the project, includ- 1 ing cost estimates and timelines; 2 (v) anticipated outcomes of the 3 project; and 4 (vi) mechanisms to encourage ade- 5 quate local public participation in project 6 development and implementation; 7 (D) assurances that the project will be im- 8 plemented in consultation with relevant wildlife 9 management authorities, Indian Tribes, and 10 other appropriate government officials; 11 (E) evidence of free, informed, and prior 12 consent by indigenous communities in the areas 13 in which the project will be conducted, if the 14 Secretary determines that the consent is re- 15 quired for the success of the project; 16 (F) demonstrated sensitivity to— 17 (i) local historic and cultural re- 18 sources; and 19 (ii) compliance with applicable laws; 20 (G) information that demonstrates the po- 21 tential of the project to contribute to the con- 22 servation of butterfly populations in North 23 America; 24 VerDate Sep 11 2014 16:52 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3117.IS S3117 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 3117 IS (H) evidence of support for the project by 1 appropriate governmental entities of the coun- 2 tries, Indian Tribes, and indigenous commu- 3 nities in which the project will be conducted, if 4 the Secretary determines that the support is re- 5 quired for the success of the project; 6 (I) information regarding the source and 7 amount of any matching funding available for 8 the project; and 9 (J) such other information as the Sec- 10 retary may require. 11 (c) PROJECT REVIEW AND APPROVAL.— 12 (1) IN GENERAL.—The Secretary shall— 13 (A) not later than 30 days after receiving 14 a project proposal, provide a copy of the pro- 15 posal to other Federal officials, as appropriate; 16 and 17 (B) review each project proposal in a time- 18 ly manner to determine whether the proposal 19 meets the criteria described in paragraph (3). 20 (2) CONSULTATION; APPROVAL OR DIS- 21 APPROVAL.—Subject to the availability of funds, not 22 later than 180 days after receiving a project pro- 23 posal, the Secretary, after consulting with other 24 Federal officials, as appropriate, shall— 25 VerDate Sep 11 2014 16:52 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3117.IS S3117 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 3117 IS (A) consult with the government of each 1 country in which the project is to be carried out 2 regarding the proposal; 3 (B) after taking into consideration any 4 comments resulting from the consultation under 5 subparagraph (A), approve or disapprove the 6 project proposal; and 7 (C) provide written notification of the ap- 8 proval or disapproval of the project proposal 9 to— 10 (i) the person that submitted the 11 project proposal; 12 (ii) other appropriate Federal offi- 13 cials; and 14 (iii) each country described in sub- 15 paragraph (A). 16 (3) CRITERIA FOR APPROVAL.— 17 (A) IN GENERAL.—The Secretary may ap- 18 prove a project proposal under this section if 19 the project will help recover and sustain viable 20 populations of butterflies in the wild by assist- 21 ing efforts in North America to implement but- 22 terfly conservation programs. 23 (B) PRIORITY.—In determining whether to 24 approve a project proposal under this section, 25 VerDate Sep 11 2014 16:52 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3117.IS S3117 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 3117 IS the Secretary shall give the highest priority to 1 projects that conserve species listed as threat- 2 ened species or endangered species under the 3 Endangered Species Act of 1973 (16 U.S.C. 4 1531 et seq.). 5 (C) PREFERENCES.—In determining 6 whether to approve a project proposal under 7 this section, the Secretary, to the maximum ex- 8 tent practicable, shall give preference to— 9 (i) conservation projects that are de- 10 signed to ensure effective, long-term con- 11 servation of butterflies and butterfly habi- 12 tats; and 13 (ii) projects for which matching funds 14 are available. 15 (D) WAIVER.—The Secretary may waive 16 the application of subparagraphs (B) and (C) if 17 the Secretary determines that the waiver is nec- 18 essary to support a conservation project that 19 the Secretary has identified as being of high 20 priority. 21 (d) PROJECT REPORTING.— 22 (1) IN GENERAL.—Each person that receives 23 assistance for a project under this section shall sub- 24 mit to the Secretary, at such intervals as the Sec- 25 VerDate Sep 11 2014 16:52 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3117.IS S3117 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 3117 IS retary may require, periodic reports that include all 1 information that the Secretary, after consultation 2 with other Federal Government officials, determines 3 is necessary to evaluate the progress and success of 4 the project for the purposes of ensuring positive re- 5 sults, assessing problems, and fostering improve- 6 ments. 7 (2) AVAILABILITY TO THE PUBLIC.—Each re- 8 port under paragraph (1) and any other document 9 relating to a project for which financial assistance is 10 provided under this title shall be made available to 11 the public in a timely manner. 12 SEC. 105. NORTH AMERICA BUTTERFLY CONSERVATION 13 FUND. 14 (a) ESTABLISHMENT.—There is established in the 15 Treasury of the United States a separate account, to be 16 known as the ‘‘North America Butterfly Conservation 17 Fund’’, consisting of— 18 (1) amounts transferred to the Secretary of the 19 Treasury for deposit into the Fund under subsection 20 (e); 21 (2) amounts appropriated to the Fund under 22 section 107; and 23 (3) any interest earned on investment of 24 amounts in the Fund under subsection (c). 25 VerDate Sep 11 2014 16:52 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3117.IS S3117 pamtmann on DSKBC07HB2PROD with BILLS 13 •S 3117 IS (b) EXPENDITURES FROM FUND.— 1 (1) IN GENERAL.—Subject to paragraph (2), at 2 the request of the Secretary, the Secretary of the 3 Treasury shall transfer from the Fund to the Sec- 4 retary, without further appropriation, such amounts 5 as the Secretary determines are necessary to carry 6 out section 104. 7 (2) ADMINISTRATIVE EXPENSES.—To pay the 8 administrative expenses necessary to carry out this 9 title in a fiscal year, the Secretary may expend from 10 the Fund not more than the greater of— 11 (A) 3 percent of the amounts in the Fund 12 that are available for the fiscal year; and 13 (B) $80,000. 14 (c) INVESTMENT OF AMOUNTS.— 15 (1) IN GENERAL.—The Secretary of the Treas- 16 ury shall invest the portion of the Fund that is not, 17 in the judgment of the Secretary of [Text truncated for display. 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