16 U.S.C. § 4263 — Definitions

Page 2476 TITLE 16—CONSERVATION § 4261 ‘‘16 U.S.C. 4224’’, ‘‘section 2205 of the African Elephant Conservation Act (16 U.S.C. 4225)’’ for ‘‘16 U.S.C. 4225’’, and ‘‘section 2101 of the African Elephant Conservation Act (16 U.S.C. 4211)’’ for ‘‘16 U.S.C. 4211’’. Pub. L. 107–111 and Pub. L. 107–112 amended section identically, substituting ‘‘Rhinoceros and Tiger Con- servation Act of 1994, part I’’ for ‘‘Rhinoceros and Tiger Conservation Act, subchapter I’’. CHAPTER 62A—ASIAN ELEPHANT CONSERVATION Sec. 4261. Findings. 4262. Purposes. 4263. Definitions. 4264. Asian elephant conservation assistance. 4265. Acceptance and use of donations. 4265a. Advisory group. 4266. Authorization of appropriations. § 4261. Findings The Congress finds the following: (1) Asian elephant populations in nations within the range of Asian elephants have con- tinued 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 endan- gered species under section 1533 of this title and under appendix I of the Convention on International Trade of Endangered Species of Wild Fauna and Flora. (3) Because the challenges facing the con- servation of Asian elephants are so great, re- sources 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 con- sequent benefit from such conservation to nu- merous other species of wildlife including many other endangered species. (5) Among the threats to the Asian elephant in addition to habitat loss are population frag- mentation, human-elephant conflict, poaching for ivory, meat, hide, bones and teeth, and capture for domestication. (6) To reduce, remove, or otherwise effec- tively 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 coun- tries, and the private sector. (Pub. L. 105–96, § 2, Nov. 19, 1997, 111 Stat. 2150.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2007 AMENDMENT Pub. L. 110–133, § 1, Dec. 6, 2007, 121 Stat. 1362, provided that: ‘‘This Act [amending sections 4264 and 4266 of this title] may be cited as the ‘Asian Elephant Conservation Reauthorization Act of 2007’.’’ SHORT TITLE OF 2002 AMENDMENT Pub. L. 107–141, § 1, Feb. 12, 2002, 116 Stat. 13, provided that: ‘‘This Act [enacting section 4265a of this title, amending sections 3709, 4214, 4245, 4246, 4263, 4265, and 4266 of this title, and enacting provisions set out as a note under section 4214 of this title] may be cited as the ‘Asian Elephant Conservation Reauthorization Act of 2002’.’’ SHORT TITLE Pub. L. 105–96, § 1, Nov. 19, 1997, 111 Stat. 2150, pro- vided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Asian Elephant Conservation Act of 1997’.’’ § 4262. Purposes The purposes of this chapter are the following: (1) To perpetuate healthy populations of Asian elephants. (2) To assist in the conservation and protec- tion of Asian elephants by supporting the con- servation programs of Asian elephant range states and the CITES Secretariat. (3) To provide financial resources for those programs. (Pub. L. 105–96, § 3, Nov. 19, 1997, 111 Stat. 2150.) § 4263. Definitions In this chapter: (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, in- cluding all activities associated with scientific resource management, such as conservation, protection, restoration, acquisition, and man- agement of habitat; research and monitoring of known populations; assistance in the devel- opment of management plans for managed ele- phant ranges; CITES enforcement; law en- forcement through community participation; translocation of elephants; conflict resolution initiatives; and community outreach and edu- cation. (3) The term ‘‘Fund’’ means the account es- tablished by division A, section 101(e), title I of Public Law 105–277 under the heading ‘‘mul- tinational species conservation fund’’ [16 U.S.C. 4246]. (4) The term ‘‘Secretary’’ means the Sec- retary of the Interior. (5) The term ‘‘Administrator’’ means the Ad- ministrator of the Agency for International Development. (Pub. L. 105–96, § 4, Nov. 19, 1997, 111 Stat. 2151; Pub. L. 107–141, § 5(a)(1), Feb. 12, 2002, 116 Stat. 14.) Editorial Notes REFERENCES IN TEXT Division A, section 101(e), title I of Public Law 105–277, referred to in par. (3), is Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–232. Provisions under the heading ‘‘MULTINATIONAL SPECIES CONSERVATION FUND’’ in Pub. L. 105–277, § 101(e) [title I] appear at 112 Stat. 2681–237 and are classified in part to section 4246 of this title. AMENDMENTS 2002—Par. (3). Pub. L. 107–141 substituted ‘‘the ac- count established by division A, section 101(e), title I of Public Law 105–277 under the heading ‘multinational species conservation fund’ ’’ for ‘‘the Asian Elephant Conservation Fund established under section 4265(a) of this title’’. Page 2477 TITLE 16—CONSERVATION § 4264 § 4264. Asian elephant conservation assistance (a) In general The Secretary, subject to the availability of funds and in consultation with the Adminis- trator, shall use amounts in the Fund to provide financial assistance for projects for the con- servation 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 Secre- tariat, or any person with demonstrated exper- tise 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 re- quired to complete the project. (5) Evidence of support of the project by ap- propriate governmental entities of countries in which the project will be conducted, if the Secretary determines that the support is re- quired 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 con- siders to be necessary for evaluating the eligi- bility 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 Sec- retary 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 con- sulting with the Administrator, shall— (A) request written comments on the pro- posal from each country within which the project is to be conducted; (B) after requesting those comments, ap- prove or disapprove the proposal; and (C) provide written notification of that ap- proval or disapproval to the person who sub- mitted the proposal and the Administrator. (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 ele- phants 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 for- eign country that prohibit or regulate the tak- ing or trade of Asian elephants or regulate the use and management of Asian elephant habi- tat; (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, af- fected local communities, nongovernmental organizations, or others in the private sector. (e) Project sustainability To the maximum extent practical, in deter- mining whether to approve project proposals under this section, the Secretary shall give con- sideration to projects which will enhance sus- tainable integrated conservation development programs to ensure effective, long-term con- servation 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 re- port shall include all information required by the Secretary, after consulting with the Admin- istrator, 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 chap- ter may not be used for captive breeding of Asian elephants other than for release in the wild. (i) Multiyear grants (1) Authorization The Secretary may award to a person who is otherwise eligible for a grant under this sec- tion a multiyear grant of up to 5 years to carry out a project that the person dem- onstrates is an effective, long-term conserva- tion strategy for Asian elephants and the habi- tat of Asian elephants. (2) Effect Nothing in this subsection precludes the Secretary from awarding a grant on an annual basis. (Pub. L. 105–96, § 5, Nov. 19, 1997, 111 Stat. 2151; Pub. L. 110–133, § 2(a), Dec. 6, 2007, 121 Stat. 1362; Pub. L. 118–159, div. E, title LIII, § 5304(a), Dec. 23, 2024, 138 Stat. 2445.) Editorial Notes AMENDMENTS 2024—Subsec. (i). Pub. L. 118–159 added subsec. (i). 2007—Subsec. (c)(2)(C). Pub. L. 110–133 substituted ‘‘and the Administrator’’ for ‘‘, the Administrator, and each of those countries’’.