16 U.S.C. § 4246 — Multinational Species Conservation Fund

Page 2475 TITLE 16—CONSERVATION § 4246 and the territories and possessions of the United States; and (13) the term ‘‘worked ivory’’ means any Af- rican elephant tusk, and any piece thereof, which is not raw ivory. (Pub. L. 100–478, title II, § 2305, Oct. 7, 1988, 102 Stat. 2322; Pub. L. 107–111, § 6(a)(4), Jan. 8, 2002, 115 Stat. 2096.) Editorial Notes REFERENCES IN TEXT Division A, section 101(e), title I of Public Law 105–277, referred to in par. (4), 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. The Endangered Species Act of 1973, referred to in par. (5), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables. AMENDMENTS 2002—Par. (4). Pub. L. 107–111 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 African Ele- phant Conservation Fund established by section 4212 of this title’’. § 4245. Authorization of appropriations (a) In general There is authorized to be appropriated to the Fund and to the Secretary a total of not to ex- ceed $5,000,000 for each of fiscal years 2025 through 2029 to carry out this chapter, to re- main available until expended. (b) Administrative expenses Of amounts available each fiscal year to carry out this chapter, the Secretary may expend not more than 3 percent or $100,000, whichever is greater, to pay the administrative expenses nec- essary to carry out this chapter. (Pub. L. 100–478, title II, § 2306, Oct. 7, 1988, 102 Stat. 2323; Pub. L. 102–440, title III, § 302, Oct. 23, 1992, 106 Stat. 2234; Pub. L. 105–217, § 2, Aug. 5, 1998, 112 Stat. 911; Pub. L. 107–111, §§ 2, 3, Jan. 8, 2002, 115 Stat. 2095; Pub. L. 107–141, § 5(b)(2)(B), Feb. 12, 2002, 116 Stat. 14; Pub. L. 110–132, § 2(b), (c), Dec. 6, 2007, 121 Stat. 1360; Pub. L. 116–9, title VII, § 7001(c)(1)(A), Mar. 12, 2019, 133 Stat. 784; Pub. L. 118–159, div. E, title LIII, § 5303(b), Dec. 23, 2024, 138 Stat. 2445.) Editorial Notes AMENDMENTS 2024—Subsec. (a). Pub. L. 118–159 substituted ‘‘2025 through 2029’’ for ‘‘2019 through 2023’’. 2019—Subsec. (a). Pub. L. 116–9 substituted ‘‘2019 through 2023’’ for ‘‘2007 through 2012’’. 2007—Subsec. (a). Pub. L. 110–132, § 2(c), substituted ‘‘2007 through 2012’’ for ‘‘2001, 2002, 2003, 2004, 2005, 2006, and 2007’’. Subsec. (b). Pub. L. 110–132, § 2(b), substituted ‘‘$100,000’’ for ‘‘$80,000’’. 2002—Subsec. (b). Pub. L. 107–141 made technical amendment to reference in original act which appears in two places in text as reference to this chapter. Pub. L. 107–111 designated existing provisions as sub- sec. (a), inserted heading, substituted ‘‘is authorized’’ for ‘‘are authorized’’ and ‘‘2001, 2002, 2003, 2004, 2005, 2006, and 2007’’ for ‘‘1997, 1998, 1999, 2000, 2001, and 2002’’, and added subsec. (b). 1998—Pub. L. 105–217 substituted ‘‘fiscal years 1997, 1998, 1999, 2000, 2001, and 2002’’ for ‘‘fiscal years 1992, 1993, 1994, 1995, 1996, 1997, and 1998’’. 1992—Pub. L. 102–440 substituted ‘‘fiscal years 1992, 1993, 1994, 1995, 1996, 1997, and 1998’’ for ‘‘fiscal years 1989, 1990, 1991, 1992, and 1993’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–141, § 5(b)(2), Feb. 12, 2002, 116 Stat. 14, pro- vided that the amendment by section 5(b)(2) of Pub. L. 107–141 is effective on the day after Jan. 8, 2002. § 4246. Multinational Species Conservation Fund In fiscal year 1999 and thereafter, donations to provide assistance under section 5304 of this title, part I of the African Elephant Conserva- tion Act (16 U.S.C. 4211 et seq.), and section 4264 of this title 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 Ele- phant Conservation Act (16 U.S.C. 4224) which are not used to pay rewards under section 2205 of the African Elephant Conservation Act (16 U.S.C. 4225) shall be deposited to this Fund to provide assistance under section 2101 of the Afri- can Elephant Conservation Act (16 U.S.C. 4211) and shall be available without further appro- priation: 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 admin- ister the Fund. (Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–237; Pub. L. 107–111, § 6(b), Jan. 8, 2002, 115 Stat. 2096; Pub. L. 107–112, § 6(b), Jan. 8, 2002, 115 Stat. 2098; Pub. L. 107–141, § 5(b)(1), Feb. 12, 2002, 116 Stat. 14.) Editorial Notes REFERENCES IN TEXT The African Elephant Conservation Act, referred to in text, is title II of Pub. L. 100–478, Oct. 7, 1988, 102 Stat. 2315. Part I of the Act is classified generally to subchapter I (§ 4211 et seq.) of this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 4201 of this title and Tables. CODIFICATION Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1999, and also as part of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, and not as part of the African Elephant Conservation Act which comprises this chapter. AMENDMENTS 2002—Pub. L. 107–141 substituted ‘‘section 5304 of this title, part I of the African Elephant Conservation Act (16 U.S.C. 4211 et seq.), and section 4264 of this title’’ for ‘‘section 5304 of the Rhinoceros and Tiger Conservation Act of 1994, part I of the African Elephant Conservation Act, and section 4265 of this title’’, ‘‘section 2204 of the African Elephant Conservation Act (16 U.S.C. 4224)’’ for 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’’.