[DOCID: f:hr635.110]
From the House Reports Online via GPO Access
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110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-635
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CRANE CONSERVATION ACT OF 2008
_______
May 13, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 1771]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 1771) to assist in the conservation of cranes by
supporting and providing, through projects of persons and
organizations with expertise in crane conservation, financial
resources for the conservation programs of countries the
activities of which directly or indirectly affect cranes and
the ecosystems of cranes, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crane Conservation Act of 2008''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to perpetuate healthy populations of cranes;
(2) to assist in the conservation and protection of cranes by
supporting--
(A) conservation programs in countries in which
endangered and threatened cranes occur; and
(B) the efforts of private organizations committed to
helping cranes; and
(3) to provide financial resources for those programs and
efforts.
SEC. 3. DEFINITIONS.
In this Act:
(1) Conservation.--
(A) In general.--The term ``conservation'' means the
use of any method or procedure to improve the viability
of crane populations and the quality of the ecosystems
and habitats on which the crane populations depend to
help the species achieve sufficient populations in the
wild to ensure the long-term viability of the species.
(B) Inclusions.--The term ``conservation'' includes
the carrying out of any activity associated with
scientific resource management, such as--
(i) protection, restoration, and management
of habitat;
(ii) research and monitoring of known
populations;
(iii) the provision of assistance in the
development of management plans for managed
crane ranges;
(iv) enforcement of the Convention;
(v) law enforcement and habitat protection
through community participation;
(vi) reintroduction of cranes to the wild;
(vii) conflict resolution initiatives; and
(viii) community outreach and education.
(2) Convention.--The term ``Convention'' has the meaning
given the term in section 3 of the Endangered Species Act of
1973 (16 U.S.C. 1532).
(3) Fund.--The term ``Fund'' means the Crane Conservation
Fund established by section 5(a).
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 4. CRANE CONSERVATION ASSISTANCE.
(a) In General.--Subject to the availability of appropriations and in
consultation with other appropriate Federal officials, the Secretary
shall use amounts in the Fund to provide financial assistance for
projects relating to the conservation of cranes for which project
proposals are approved by the Secretary in accordance with this
section.
(b) Project Proposals.--
(1) Applicants.--
(A) In general.--An applicant described in
subparagraph (B) that seeks to receive assistance under
this section to carry out a project relating to the
conservation of cranes shall submit to the Secretary a
project proposal that meets the requirements of this
section.
(B) Eligible applicants.--An applicant described in
this subparagraph is--
(i) any relevant wildlife management
authority of a country that--
(I) is located within the African,
Asian, European, or North American
range of a species of crane; and
(II) carries out 1 or more activities
that directly or indirectly affect
crane populations;
(ii) the Secretariat of the Convention; and
(iii) any person or organization with
demonstrated expertise in the conservation of
cranes.
(2) Required elements.--A project proposal submitted under
paragraph (1)(A) shall include--
(A) a concise statement of the purpose of the
project;
(B)(i) the name of each individual responsible for
conducting the project; and
(ii) a description of the qualifications of each of
those individuals;
(C) a concise description of--
(i) methods to be used to implement and
assess the outcome of the project;
(ii) staff and community management for the
project; and
(iii) the logistics of the project;
(D) an estimate of the funds and the period of time
required to complete the project;
(E) evidence of support for the project by
appropriate government entities of countries in which
the project will be conducted, if the Secretary
determines that such support is required to ensure the
success of the project;
(F) information regarding the source and amount of
matching funding available for the project; and
(G) any other information that the Secretary
considers to be necessary for evaluating the
eligibility of the project to receive assistance under
this Act.
(c) Project Review and Approval.--
(1) In general.--The Secretary shall--
(A) not later than 30 days after receiving a final
project proposal, provide a copy of the proposal to
other appropriate Federal officials; and
(B) review each project proposal in a timely manner
to determine whether the proposal meets the criteria
described in subsection (d).
(2) Consultation; approval or disapproval.--Not later than
180 days after receiving a project proposal, and subject to the
availability of appropriations, the Secretary, after consulting
with other appropriate Federal officials, shall--
(A) consult on the proposal with the government of
each country in which the project is to be carried out;
(B) after taking into consideration any comments
resulting from the consultation, approve or disapprove
the proposal; and
(C) provide written notification of the approval or
disapproval to--
(i) the applicant that submitted the
proposal;
(ii) other appropriate Federal officials; and
(iii) each country described in subparagraph
(A).
(d) Criteria for Approval.--The Secretary may approve a project
proposal under this section if the Secretary determines that the
proposed project will enhance programs for conservation of cranes by
assisting efforts to--
(1) implement conservation programs;
(2) address the conflicts between humans and cranes that
arise from competition for the same habitat or resources;
(3) enhance compliance with the Convention and other
applicable laws that--
(A) prohibit or regulate the taking or trade of
cranes; or
(B) regulate the use and management of crane habitat;
(4) develop sound scientific information on, or methods for
monitoring--
(A) the condition of crane habitat;
(B) crane population numbers and trends; or
(C) the current and projected threats to crane
habitat and population numbers and trends;
(5) promote cooperative projects on the issues described in
paragraph (4) among--
(A) governmental entities;
(B) affected local communities;
(C) nongovernmental organizations; or
(D) other persons in the private sector;
(6) carry out necessary scientific research on cranes;
(7) provide relevant training to, or support technical
exchanges involving, staff responsible for managing cranes or
habitats of cranes, to enhance capacity for effective
conservation; or
(8) reintroduce cranes successfully back into the wild,
including propagation of a sufficient number of cranes required
for this purpose.
(e) Project Sustainability; Matching Funds.--To the maximum extent
practicable, in determining whether to approve a project proposal under
this section, the Secretary shall give preference to a proposed
project--
(1) that is designed to ensure effective, long-term
conservation of cranes and habitats of cranes; or
(2) for which matching funds are available.
(f) Project Reporting.--
(1) In general.--Each person that receives assistance under
this section for a project shall submit to the Secretary, at
such periodic intervals as are determined by the Secretary,
reports that include all information that the Secretary, after
consulting with other appropriate government officials,
determines to be necessary to evaluate the progress and success
of the project for the purposes of--
(A) ensuring positive results;
(B) assessing problems; and
(C) fostering improvements.
(2) Availability to the public.--Each report submitted under
paragraph (1), and any other documents relating to a project
for which financial assistance is provided under this Act,
shall be made available to the public.
SEC. 5. CRANE CONSERVATION FUND.
(a) Establishment.--There is established in the Multinational Species
Conservation Fund established by the matter under the heading
``MULTINATIONAL SPECIES CONSERVATION FUND'' in title I of the
Department of the Interior and Related Agencies Appropriations Act,
1999 (112 Stat. 2681-237; 16 U.S.C. 4246) a separate account to be
known as the ``Crane Conservation Fund'', consisting of--
(1) amounts transferred to the Secretary of the Treasury for
deposit into the Fund under subsection (e);
(2) amounts appropriated to the Fund under section 7; and
(3) any interest earned on investment of amounts in the Fund
under subsection (c).
(b) Expenditures From Fund.--
(1) In general.--Subject to paragraphs (2) and (3), upon
request by the Secretary, the Secretary of the Treasury shall
transfer from the Fund to the Secretary, without further
appropriation, such amounts as the Secretary determines are
necessary to provide assistance under section 4.
(2) Administrative expenses.--Of the amounts in the Fund
available for each fiscal year, the Secretary may expend not
more than 3 percent, or $150,000, whichever is greater, to pay
the administrative expenses necessary to carry out this Act.
(3) Limitation.--Not more than 20 percent of the amounts made
available from the Fund for any fiscal year may be used for
projects relating to the conservation of North American crane
species.
(c) Investments of Amounts.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals. Investments may be made only in interest-bearing
obligations of the United States.
(2) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the
market price.
(3) Sale of obligations.--Any obligation acquired by the Fund
may be sold by the Secretary of the Treasury at the market
price.
(4) Credits to fund.--The interest on, and the proceeds from
the sale or redemption of, any obligations held in the Fund
shall be credited to and form a part of the Fund.
(d) Transfers of Amounts.--
(1) In general.--The amounts required to be transferred to
the Fund under this section shall be transferred at least
monthly from the general fund of the Treasury to the Fund on
the basis of estimates made by the Secretary of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in amounts
subsequently transferred to the extent prior estimates were in
excess of or less than the amounts required to be transferred.
(e) Acceptance and Use of Donations.--
(1) In general.--The Secretary may accept and use donations
to provide assistance under section 4.
(2) Transfer of donations.--Amounts received by the Secretary
in the form of donations shall be transferred to the Secretary
of the Treasury for deposit in the Fund.
SEC. 6. ADVISORY GROUP.
(a) In General.--To assist in carrying out this Act, the Secretary
may convene an advisory group consisting of individuals representing
public and private organizations actively involved in the conservation
of cranes.
(b) Public Participation.--
(1) Meetings.--The advisory group shall--
(A) ensure that each meeting of the advisory group is
open to the public; and
(B) provide, at each meeting, an opportunity for
interested persons to present oral or written
statements concerning items on the agenda.
(2) Notice.--The Secretary shall provide to the public timely
notice of each meeting of the advisory group.
(3) Minutes.--Minutes of each meeting of the advisory group
shall be kept by the Secretary and shall be made available to
the public.
(c) Exemption From Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory
group.
SEC. 7. FUNDING.
There is authorized to be appropriated to the Fund $5,000,000 for
each of fiscal years 2008 through 2012, to remain available until
expended.
PURPOSE OF THE BILL
The purpose of H.R. 1771 is to assist in the conservation
of cranes by supporting and providing, through projects of
persons and organizations with expertise in crane conservation,
financial resources for the conservation programs of countries
the activities of which directly or indirectly affect cranes
and the ecosystems of cranes.
BACKGROUND AND NEED FOR LEGISLATION
Throughout the world wildlife populations are under
increasing stress from the encroachment of expanding human
populations. As a result, many wildlife populations have
declined, some precipitously, due to habitat loss or
degradation, poaching and illegal trade, disease, political
instability and hostile interactions with expanding human
settlements and agriculture. The decline of populations of
charismatic ``keystone'' wildlife species such as tigers,
rhinoceros, elephant, great apes and sea turtles has focused
greater attention on the need to protect wildlife and wildlife
habitat abroad.
The Congress has responded by creating distinct
conservation funds within the Multinational Species
Conservation Fund (MSCF) to provide financial assistance to
support conservation activities to protect, recover and restore
wildlife species and their habitats. The MSCF was created by
Congress in 1999 as part of Title I of the Department of the
Interior and Related Agencies Appropriations Act (16 U.S.C.
4246). Within the fund are specific wildlife conservation
accounts authorized under separate statutes that receive annual
appropriations from Congress to support conservation activities
to protect, recover or restore threatened and endangered
species, specifically tigers, rhinoceroses, African elephants,
Asian elephants, great apes and sea turtles.\1\ These wildlife
species are all considered ``keystone'' or ``umbrella'' species
which means that they enrich ecosystem function in a unique or
significant manner through their activities, and their effect
is disproportionate to their numerical number.\2\
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\1\ An additional fund authorized under the Neotropical Migratory
Bird Conservation Act was removed from the MSCF in 2006.
\2\ National Wildlife Federation, 2007. Species At Risk (http://
www.nwf.org/wildlife/pdfs/speciesatrisk.pdf).
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More than $115 million in matching or in-kind support has
been obtained since the first grant was awarded under the
African Elephant Conservation Act in 1990, nearly tripling the
effect of the $43 million in federal appropriated funds. More
than 500 partners have worked with the U.S. Fish and Wildlife
Service in 44 countries to protect and conserve these species.
In addition, coordination with other federal agencies overseas,
such as the U.S. Agency for International Development (USAID),
has linked up species conservation and habitat management with
economic development within countries with these species. In
general, these funds are viewed as effective tools to leverage
additional resources to implement projects that address the
greatest conservation need.
All of the crane species included in this legislation
suffer from multiple stressors that have negatively affected
their population size, distribution and potential for recovery
which cumulatively has resulted in their being listed as
threatened or endangered and in need of protection. Factors
commonly acknowledged as responsible for these declines include
upland, wetland and migratory habitat loss and fragmentation,
diminished prey-base, poaching and illegal wildlife trade,
environmental pollution and pesticides, disease, political
instability, and growing human-wildlife conflicts. Certain
predator species have been purposefully targeted for
eradication in order to promote pastoral industries and
expanded human settlement, but even for charismatic birds such
as cranes which present no direct threat to humans, non-
carnivore species have been severely stressed by the ever-
increasing footprint of mankind.
H.R. 1771 would expand the number of funds within the MSCF
to provide similar financial assistance to conserve additional
threatened and endangered species of cranes in the family
Gruidae.\3\ All 15 species of crane are included in H.R. 1771.
These species are distributed globally with the exception of
South America. Roughly half of all crane species are found in
Asia, South Asia and the Indian Subcontinent. Only two species
are native to North America, the whooping crane and sandhill
crane. According to the International Crane Foundation, six
species of crane are considered endangered and include the
blue, red-crowned, sarus, Siberian, wattled, and whooping
cranes. Additionally, five species are listed as vulnerable,
including the black crowned, black-necked, grey crowned,
hooded, and white-naped cranes. The remaining four species (the
Eurasian, demoiselle, brolga and sandhill cranes) are
considered relatively stable. All crane species are listed on
either CITES Appendices I or II and the IUCN Red List. Several
are listed under the U.S. Endangered Species Act.
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\3\ According to the International Crane Foundation, some crane
researchers contend that there are only 14 species by combining the two
African crowned cranes together; other researchers argue that these
species might actually be split into 4 separate species.
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COMMITTEE ACTION
H.R. 1771 was introduced on March 29, 2007 by Rep. Tammy
Baldwin (D-WI). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Fisheries, Wildlife and Oceans. On September 6, 2007, the
Subcommittee held a hearing on the bill. The bill received the
qualified support of the administration. All other witnesses
verified the need for the legislation and testified in support
of the bill.
On October 4, 2007, the Subcommittee met to mark up the
bill. Rep. Ron Kind (D-WI) offered an amendment in the nature
of a substitute to strike 1) the findings, 2) the $25 million
set aside from other administrative accounts, 3) land
acquisition as an eligible grant activity, and 4) the 20
percent funding allowance for grants that support North
American cranes. The amendment also added an exemption for the
Advisory Group from the rules and procedures of the Federal
Advisory Committee Act. The amendment was adopted by voice
vote. The bill was then forwarded as amended to the Full
Committee by voice vote.
On April 30, 2008, the Full Natural Resources Committee met
to consider the bill. Fisheries, Wildlife and Oceans
Subcommittee Chairwoman Madeleine Bordallo (D-GU) offered a
non-controversial amendment in the nature of a substitute to
reinsert the twenty percent annual funding allowance for grants
that support North American cranes. The amendment was adopted
by unanimous consent and the bill, as amended, was ordered
favorably reported to the House of Representatives by unanimous
consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides that this bill may be cited as the
``Crane Conservation Act of 2008.''
Section 2. Purposes
Section 2 states that the purposes of the bill are to
perpetuate healthy crane populations and to assist in the
conservation of cranes by supporting conservation programs in
countries in which endangered and threatened cranes occur and
the efforts of private organizations committed to helping
cranes, and to provide financial resources for those programs
and efforts.
Section 3. Definitions
This section defines specific terms to be used in the
legislation, including ``Convention'', ``Conservation'',
``Fund'', and ``Secretary''.
Section 4. Crane conservation assistance
This section authorizes the Secretary of the Interior to
provide financial assistance subject to the availability of
appropriations for projects for the conservation of cranes. The
section specifies eligible project applicants and provides a
detailed list of required information to be included in project
applications. The Secretary is required to approve or
disapprove all applications no later than 180 days after
receiving the application and must provide written notification
to the applicant, other appropriate federal officials and each
country within which the project will take place.
This section also provides the Secretary with criteria to
evaluate and approve project applications, including a
determination that funds will not be used for the purchase or
lease of land. Special preference shall be given under this
section to projects that are designed to ensure effective,
long-term conservation of cranes and their habitats and
applications for which there exist non-federal matching funds.
Approved projects are required to report regularly to the
Secretary under thissection to assess progress, foster
improvements and ensure positive results. Such reports would be
available to the public.
Section 5. Crane Conservation Fund
This section would authorize establishment of Crane
Conservation Fund as a separate account in the Multinational
Species Conservation Fund that would consist of amounts
appropriated by Congress, amounts donated, and any interest
earned on the investment of funds. All funding available to the
Secretary for program administration is limited to three
percent or $150,000 annually, whichever is greater. The
Secretary of the Treasury in authorized to invest un-used
portions of the Fund in interest bearing obligations and
interest earned shall be credited to the Fund. The Secretary of
the Treasury would be required to transfer funds to the Fund on
no less than a monthly schedule. Under this section, not more
than twenty percent of the amounts available for grant
assistance in any one year could be used for crane projects for
North American crane species.
Section 6. Advisory group
This section would authorize the Secretary to convene an
advisory group exempt from requirements under the Federal
Advisory Committee Act to incorporate stakeholder participation
in the conservation of cranes.
Section 7. Authorization of appropriations
Section 7 provides that the legislation would authorize $5
million per year to be appropriated to carry out the
legislation for each fiscal year from 2008 to 2012.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
FEDERAL ADVISORY COMMITTEE STATEMENT
The functions of the proposed advisory committee authorized
in the bill are not currently being nor could they be performed
by one or more agencies, an advisory committee already in
existence or by enlarging the mandate of an existing advisory
committee.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to assist in the conservation of
cranes by supporting and providing, through projects of persons
and organizations with expertise in crane conservation,
financial resources for the conservation programs of countries
the activities of which directly or indirectly affect cranes
and the ecosystems of cranes.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 1771--Crane Conservation Act of 2008
Summary: H.R. 1771 would require the U.S. Fish and Wildlife
Service to establish a grant program to protect and conserve
wild cranes. The bill would authorize the appropriation of $5
million a year through 2012 for financial assistance to
eligible government agencies, international or foreign
organizations, or private entities engaged in such activities.
Assuming appropriation of the authorized amounts (beginning in
2009), CBO estimates that implementing H.R. 1771 would increase
discretionary spending by $19 million over the 2009-2013 period
and by $1 million after 2013.
H.R. 1771 also would authorize the agency to invest
unneeded balances of appropriated funds in federal securities
and spend any proceeds from those investments without further
appropriation. Enacting this legislation would therefore
increase direct spending by an estimated $200,000 a year
beginning in 2010. The bill also would authorize the agency to
accept and spend (also without further appropriation) donations
from nonfederal sources, but any increase in revenues (from
donations) would be offset by additional direct spending of
such amounts.
H.R. 1771 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 1771 is shown in the following table.
For this estimate, CBO assumes that the legislation will be
enacted near the end of fiscal year 2008 and that authorized
amounts will be provided as specified in the bill, beginning
with fiscal year 2009. Estimated outlays are based on
historical spending patterns for similar programs. The costs of
this legislation fall within budget function 300 (natural
resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------
2009 2010 2011 2012 2013
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION \1\
Authorization Level...................................... 5 5 5 5 0
Estimated Outlays........................................ 2 3 4 5 5
----------------------------------------------------------------------------------------------------------------
\1\ Enacting H.R. 1771 also would increase direct spending by an estimated $200,000 a year, beginning in 2010,
from the use of interest on appropriation balances.
Intergovernmental and private-sector impact: H.R. 1771
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal costs: Deborah Reis; Impact
on state, local, and tribal governments: Neil Hood; Impact on
the private sector: Amy Petz.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 1771 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.
<all>