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16 U.S.C. § 4203 — Multinational Species Conservation Fund

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4203 — Multinational Species Conservation Fund

In fiscal year 1999 and thereafter, donations to provide assistance under [section 5304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5304&num=0&edition=prelim), part I of the African Elephant Conservation Act ([16 U.S.C. 4211](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4211&num=0&edition=prelim) et seq.), and [section 4264 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4264&num=0&edition=prelim) shall be deposited to this Fund and shall be available without further appropriation: Provided further, That in fiscal year 1999 and thereafter, all penalties received by the United States under section 2204 of the African Elephant Conservation Act ([16 U.S.C. 4224](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4224&num=0&edition=prelim)) which are not used to pay rewards under section 2205 of the African Elephant Conservation Act ([16 U.S.C. 4225](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4225&num=0&edition=prelim)) shall be deposited to this Fund to provide assistance under section 2101 of the African Elephant Conservation Act ([16 U.S.C. 4211](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4211&num=0&edition=prelim)) and shall be available without further appropriation: Provided further, That in fiscal year 1999 and thereafter, not more than three percent of amounts appropriated to this Fund may be used by the Secretary of the Interior to administer the Fund.

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Source location: Title 16, Chapter 62, § 4203; chapter-062-african-elephant-conservation.md

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4201 — Definitions

In this chapter— (1) the term “African elephant” means any animal of the species loxodonta africana; (2) the term “CITES” means the Convention on the International Trade in Endangered Species of Wild Fauna and Flora; (3) the term “CITES Ivory Control System” means the ivory quota and marking system established by CITES to curtail illegal trade in African elephant ivory; (4) the term “Fund” means the account established by division A, section 101(e), title I of Public Law 105–277 under the heading “multinational species conservation fund” [[16 U.S.C. 4246](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4246&num=0&edition=prelim)]; (5) the terms “import” and “importation” have the meanings such terms have in the Endangered Species Act of 1973 ([16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.); (6) the term “intermediary country” means a country that exports raw or worked ivory that does not originate in that country; (7) the term “ivory producing country” means any African country within which is located any part of the range of a population of African elephants; (8) the term “ivory quota” means a quota submitted by an ivory producing country to the CITES Secretariat in accordance with the CITES Ivory Control System; (9) the term “personal effects” means articles which are not intended for sale and are part of a shipment of the household effects of a person who is moving his or her residence to or from the United States, or are included in personal accompanying baggage; (10) the term “raw ivory” means any African elephant tusk, and any piece thereof, the surface of which, polished or unpolished, is unaltered or minimally carved; (11) the term “Secretary”

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16 U.S.C. § 4211 — Statement of purpose

The purpose of this chapter is to perpetuate healthy populations of African elephants.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4264 — 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 this section. **(b) Project proposal** Any relevant wildlife management authority of a nation within the range of Asian elephants whose activities directly or indirectly affect 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 chapter. **(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).

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4265 — Acceptance and use of donations

The Secretary may accept and use donations to provide assistance under [section 4264 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4264&num=0&edition=prelim). Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit into the Fund.

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16 U.S.C. § 4225 — Moratoria

**(a) Ivory producing countries** (1) **In general** — The Secretary shall establish a moratorium on the importation of raw and worked ivory from an ivory producing country immediately upon making a determination that the country does not meet all the criteria set forth in [section 4221(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4221/b/1&num=0&edition=prelim). (2) **Later establishment** — With regard to any ivory producing country for which the Secretary has insufficient information to make a determination pursuant to [section 4221(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4221/b&num=0&edition=prelim), the Secretary shall establish a moratorium on the importation of raw and worked ivory from such country not later than January 1, 1990, unless, based on new information, the Secretary concludes before that date that the country meets all of the criteria set forth in [section 4221(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4221/b/1&num=0&edition=prelim). **(b) Intermediary countries** The Secretary shall establish a moratorium on the importation of raw and worked ivory from an intermediary country immediately upon making a determination that the country— (1) is not a party to CITES; (2) does not adhere to the CITES Ivory Control System; (3) imports raw ivory from a country that is not an ivory producing country; (4) imports raw or worked ivory from a country that is not a party to CITES; (5) imports raw or worked ivory that originates in an ivory producing country in violation of the laws of that ivory producing country; (6) substantially increases its imports of raw or worked ivory from a country that is

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4224 — Review of African elephant conservation programs

**(a) In general** Within one month after October 7, 1988, the Secretary shall issue a call for information on the African elephant conservation program of each ivory producing country by— (1) publishing a notice in the Federal Register requesting submission of such information to the Secretary by all interested parties; and (2) submitting a written request for such information through the Secretary of State to each ivory producing country. **(b) Review and determination** (1) **In general** — The Secretary shall review the African elephant conservation program of each ivory producing country and, not later than one year after October 7, 1988, shall issue and publish in the Federal Register a determination of whether or not the country meets the following criteria: (A) The country is a party to CITES and adheres to the CITES Ivory Control System. (B) The country’s elephant conservation program is based on the best available information, and the country is making expeditious progress in compiling information on the elephant habitat condition and carrying capacity, total population and population trends, and the annual reproduction and mortality of the elephant populations within the country. (C) The taking of elephants in the country is effectively controlled and monitored. (D) The country’s ivory quota is determined on the basis of information referred to in subparagraph (B) and reflects the amount of ivory which is confiscated or consumed domestically by the country. (E) The country has not authorized or allowed the export of amounts of raw ivory which exceed its ivory quota under the CITES Ivory Control System. (2) **Delay in issuing determination** — If the Secretary finds within one year after October 7, 1988, that there is insufficient informati

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 5304 — Rhinoceros and tiger conservation assistance

**(a) In general** The Secretary, subject to the availability of appropriations and in consultation with the Administrator, shall use amounts in the Fund to provide financial assistance for projects for the conservation of rhinoceros and tigers. **(b) Project proposal** A country whose activities directly or indirectly affect rhinoceros or tiger populations, the CITES Secretariat, or any other person may submit to the Secretary a project proposal under this section. Each proposal shall— (1) name the individual responsible for conducting the project; (2) state the purposes of the project succinctly; (3) describe the qualifications of the individuals who will conduct the project; (4) estimate the funds and time required to complete the project; (5) provide 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; and (6) provide any other information the Secretary considers to be necessary for evaluating the eligibility of the project for funding under this chapter. **(c) Project review and approval** Within 30 days of 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). 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 approve or disapprove the proposal and provide written notification to the person who submitted the proposal and to the Administrator. **(d) Criteria for approval** The Secretary may approve a project

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4203 — Statement of policy

Page 2470 TITLE 16—CONSERVATION § 4202 (Pub. L. 100–478, title II, § 2002, Oct. 7, 1988, 102 Stat. 2315.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2007 AMENDMENT Pub. L. 110–132, § 1, Dec. 6, 2007, 121 Stat. 1360, provided that: ‘‘This Act [amending sections 4211, 4245, 5304, and 5306 of this title] may be cited as the ‘Multinational Species Conservation Funds Reauthorization Act of 2007’.’’ SHORT TITLE OF 2002 AMENDMENT Pub. L. 107–111, § 1, Jan. 8, 2002, 115 Stat. 2095, provided that: ‘‘This Act [enacting section 4214 of this title, amending sections 4211, 4212, and 4244 to 4246 of this title, and repealing section 4243 of this title] may be cited as the ‘African Elephant Conservation Reauthor- ization Act of 2001’.’’ SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–217, § 1, Aug. 5, 1998, 112 Stat. 911, provided that: ‘‘This Act [amending section 4245 of this title] may be cited as the ‘African Elephant Conservation Re- authorization Act of 1998’.’’ SHORT TITLE Pub. L. 100–478, title II, § 2001, Oct. 7, 1988, 102 Stat. 2315, provided that: ‘‘This title [enacting this chapter and amending section 1538 of this title] may be cited as the ‘African Elephant Conservation Act’.’’ REPORTING REQUIREMENTS Pub. L. 118–159, div. E, title LIII, § 5308, Dec. 23, 2024, 138 Stat. 2446, provided that: ‘‘(a) REPORTS TO CONGRESS.—Annually, the Secretary of the Interior shall submit to the appropriate commit- tees of Congress a report on the implementation of— ‘‘(1) the African Elephant Conservation Act (16 U.S.C. 4201 et seq.); ‘‘(2) the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261 et seq.); ‘‘(3) the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.); ‘‘(4) the Great Ape Conservation Act of 2000 (16 U.S.C. 6301 et se

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16 U.S.C. § 4211 — Provision of assistance

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4224 — Penalties and enforcement

Page 2473 TITLE 16—CONSERVATION § 4224 (b) Intermediary countries The Secretary shall establish a moratorium on the importation of raw and worked ivory from an intermediary country immediately upon making a determination that the country— (1) is not a party to CITES; (2) does not adhere to the CITES Ivory Con- trol System; (3) imports raw ivory from a country that is not an ivory producing country; (4) imports raw or worked ivory from a coun- try that is not a party to CITES; (5) imports raw or worked ivory that origi- nates in an ivory producing country in viola- tion of the laws of that ivory producing coun- try; (6) substantially increases its imports of raw or worked ivory from a country that is subject to a moratorium under this chapter during the first three months of that moratorium; or (7) imports raw or worked ivory from a coun- try that is subject to a moratorium under this chapter after the first three months of that moratorium, unless the ivory is imported by vessel during the first six months of that mor- atorium and is accompanied by shipping docu- ments which show that it was exported before the establishment of the moratorium. (c) Suspension of moratorium The Secretary shall suspend a moratorium es- tablished under this section if, after notice and public comment, the Secretary determines that the reasons for establishing the moratorium no longer exist. (d) Petition (1) In general Any person may at any time submit a peti- tion in writing requesting that the Secretary establish or suspend a moratorium under this section. Such a petition shall include such substantial information as may be necessary to demonstrate the need for the action re- quested by the petition. (2) Consideration and ruling The Secretary shall publish a

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