Asian Elephant Conservation Act of 1997

III STAT. 2150 PUBLIC LAW 105-96-NOV. 19,1997
Public Law 105-96
105th Congress
An Act
Nov. 19, 1997
H.R. 1787

To assist in the conservation of Asian elephants by supporting and
providing financial resources for the conservation programs of nations
within the range of Asian elephants and projects of persons with
demonstrated expertise in the conservation of Asian elephants.
Be it enacted by the Senate and House or Representatives of the United
States of America in Congress assembled.

Asian Elephant Conservation
Act of 1997. 16 USC 4261
note.

SECTION 1. SHORT TITLE
This Act may be cited as the "Asian Elephant Conservation Act of
1997".

16 USC 4261.

SEC. 2. FINDINGS
The Congress finds the following:
(l) Asian elephant populations in nations within the range of Asian
elephants have continued to decline to the point that the long-term
survival of the species in the wild is in serious jeopardy.
(2) The Asian elephant is listed as an endangered species under section 4
of the Endangered Species Act of 1973 and under appendix I of the
Convention on International Trade of Endangered Species of Wild Fauna
and Flora.
(3) Because the challenges facing the conservation of Asian elephants are
so great, resources to date have not been sufficient to cope with the
continued loss of habitat and the consequent diminution of Asian
elephant populations.
(4) The Asian elephant is a flagship species for the conservation of
tropical forest habitats in which it is found and provides the consequent
benefit from such conservation to numerous other species of wildlife
including many other endangered species.
(5) Among the threats to the Asian elephant in addition to habitat loss are
population fragmentation, human-elephant conflict, poaching for ivory,
meat, hide, bones and teeth, and capture for domestication.
(6)or otherwise effectively address these threats to the long-term viability
of populations of Asian elephants in the wild will require the joint
commitment and effort of nations within the range of Asian elephants,
the United States and other countries, and the private sector.

16 USC 4262.

SEC. 3. PURPOSES.

The purposes of this Act are the following:
(1) To perpetuate healthy populations of Asian elephants.
(2) To assist in the conservation and protection of Asian elephants by
supporting the conservation programs of Asian elephant range states and
the CITES Secretariat.
(3) To provide financial resources for those programs.
16 USC 4263.

SEC. 4. DEFINITIONS.
In this Act:
(1) The term "CITES" means the Convention on International Trade in
Endangered Species of Wild Fauna and Flora, signed on March 3, 1973,
and its appendices.
(2) The term "conservation" means the use of methods and procedures
necessary to bring Asian elephants to the point at which there are
sufficient populations in the wild to ensure that the species does not
become extinct, including all activities associated with scientific resource
management, such as conservation, protection, restoration, acquisition,
and management of habitat; research and monitoring of known
populations; assistance in the development of management plans for
managed elephant ranges; CITES enforcement; law enforcement through
community participation; translocation of elephants; conflict resolution
initiatives; and community outreach and education.
(3)The term "Fund" means the Asian Elephant Conservation Fund
established under section 6(a).
(4) The term "Secretary" means the Secretary of the Interior.
(5) The term "Administrator" means the Administrator of the Agency for
International Development.

16 USC 4264.

SEC. 5. ASIAN ELEPHANT CONSERVATION ASSISTANCE
(a) In General.–The Secretary, subject to the availability of funds and in
consultation with the Administrator, shall use amounts in the Fund to
provide financial assistance for projects for the conservation of Asian
elephants for which final project proposals are approved by the Secretary
in accordance with section.
(b) Project Proposal.–Any relevant wildlife management authority of a
nation within the range of Asian elephants whose activities directly or
indirectly @t Asian elephant populations, the CITES Secretariat, or any
person with demonstrated expertise in the conservation of Asian
elephants, may submit to the Secretary a project proposal under this
section. Each proposal shall include the following:
(1) The name of the individual responsible for conducting the project.

(2) A succinct statement of the purposes of the project.
(3) A description of the qualifications of the individuals who will
conduct the project.
(4) An estimate of the funds and time required to complete the project.
(5) Evidence of support of the project by appropriate governmental
entities of countries in which the project will be conducted, if the
Secretary determines that the support is required for the success of the
project.
(6) Information regarding the source and amount of matching funding
available to the applicant.
(7) Any other information the Secretary considers to be necessary for
evaluating the eligibility of the project for funding under this Act.
(c Project Review and Approval.–
(1) In General.–Within 30 days after receiving a final project proposal, the
Secretary shall provide a copy of the proposal to the Administrator. The
Secretary shall review each final project proposal to determine if it meets
the criteria set forth in subsection (d).
(2) Consultation; Approval or Disapproval.–Not later than 6 months after
receiving a final project proposal, and subject to the availability of funds,
the Secretary, after consulting with the Administrator, shall–
(A) request written comments on the proposal from each country within
which the project is to be conducted;
(B) after requesting those comments, approve or disapprove the
proposal; and
(C) provide written notification of that approval or disapproval to the
person who submitted the proposal, the Administrator, and each of those
countries.
(d) Criteria for Approval.–The Secretary may approve a final project
proposal under this section if the project will enhance programs for
conservation of Asian elephants by assisting efforts to–
(1) implement conservation programs;
(2) address the conflicts between humans and elephants that arise from
competition for the same habitat;
(3) enhance compliance with provisions of CITES and laws of the United
States or a foreign country that prohibit or regulate the taking or trade of
Asian elephants or regulate the use and management of Asian elephant

habitat;
(4) develop sound scientific information on the condition of Asian
elephant habitat, Asian elephant population numbers and trends, or the
threats to such habitat, numbers, or trends; or
(5) promote cooperative projects on those topics with other foreign
governments, affected local communities, nongovernmental
organizations, or others in the private sector.
(e) Project Sustainability.–To the maximum extent practical, in determining
whether to approve project proposals under this section, the Secretary
shall give consideration to projects which will enhance sustainable
integrated conservation development programs to ensure effective, longterm conservation of Asian elephants.
(f) Project Reporting.–Each person who receives assistance under this
section for a project shall provide periodic reports, as the Secretary
considers necessary, to the Secretary and the Administrator. Each report
shall include all information required by the Secretary, after consulting
with the Administrator, for evaluating the progress and success of the
project.
(g) Matching Funds.–In determining whether to approve project proposals
under this section, the Secretary shall give priority to those projects for
which there exists some measure of matching funds.
(h) Limitation on Use for Captive Breeding.–Amounts provided as a grant under
this Act may not be used for captive breeding of Asian elephants other
than for release in the wild.
16 USC 4265.

SEC. 6. ASIAN ELEPHANT CONSERVATION FUND.
(a) ESTABLISHMENT.–There is established in the general fund of the
Treasury a separate account to be known as the "Asian Elephant
Conservation Fun", which shall consist of amounts deposited into the
Fund by the Secretary of the Treasury under subsection (b).
(b) DEPOSITS INTO THE FUND.–The Secretary of the Treasury shall deposit
into the Fund–
(1) all amounts received by the Secretary in the form of donations under
subsection (d); and
(2) other amounts appropriated to the Fund.
(c) USE.–
(1) In General.–Subject to paragraph (2), the Secretary may use amounts in
the Fund without further appropriation to provide assistance under
section 5.
(2) Administration.–Of amounts in the Fund available for each fiscal year,

the Secretary may use not more than 3 percent to administer the Fund.
(d) Acceptance and Use of Donations.–The Secretary may accept and use
donations to provide assistance under section 5. Amounts received by the
Secretary in the form of donations shall be transferred to the Secretary of
the Treasury for deposit into the Fund.
16 USC 4266.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Fund $5,000,000 for each
of fiscal years 1998, 1999, 2000, 2001, and 2002 to carry out this Act,
which may remain available until expended.
Approved November 19, 1997.