16 U.S.C. § 6604 — Marine Turtle Conservation Fund

Page 2638 TITLE 16—CONSERVATION § 6604 approve or disapprove the project proposal; and (C) provide written notification of the ap- proval or disapproval to the person that sub- mitted the project proposal, other Federal officials, and each country and territory of the United States described in subparagraph (A). (d) Criteria for approval The Secretary may approve a project proposal under this section if the Secretary determines that the project will help to restore, recover, and sustain a viable population of marine tur- tles, freshwater turtles, or tortoises in the wild by assisting efforts in a foreign country or terri- tory of the United States to implement a marine turtle, freshwater turtle, or tortoise conserva- tion program. (e) Project sustainability To the maximum extent practicable, in deter- mining whether to approve project proposals under this section, the Secretary shall give pref- erence to conservation projects that are de- signed to ensure effective, long-term conserva- tion of marine turtles, freshwater turtles, or tortoises and the habitats of marine turtles, freshwater turtles, or tortoises. (f) Matching funds In determining whether to approve project proposals under this section, the Secretary shall give preference to projects for which matching funds are available. (g) Project reporting (1) In general Each person that receives assistance under this section for a project shall submit to the Secretary periodic reports (at such intervals as the Secretary may require) that include all information that the Secretary, after con- sultation with other government officials, de- termines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements. (2) Availability to the public Reports under paragraph (1), and any other documents relating to projects for which fi- nancial assistance is provided under this chap- ter, shall be made available to the public. (h) 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 marine turtles, freshwater turtles, or tortoises and the habitat of marine turtles, freshwater turtles, or tortoises. (2) Effect Nothing in this subsection precludes the Secretary from awarding a grant on an annual basis. (Pub. L. 108–266, § 4, July 2, 2004, 118 Stat. 793; Pub. L. 116–9, title VII, § 7001(c)(3)(C), Mar. 12, 2019, 133 Stat. 787; Pub. L. 118–159, div. E, title LIII, § 5307(a), Dec. 23, 2024, 138 Stat. 2446.) Editorial Notes AMENDMENTS 2024—Subsec. (h). Pub. L. 118–159 added subsec. (h). 2019—Pub. L. 116–9, § 7001(c)(3)(C)(i), struck out ‘‘Ma- rine turtle’’ before ‘‘Conservation’’ in section catch- line. Subsec. (a). Pub. L. 116–9, § 7001(c)(3)(C)(ii), inserted ‘‘, freshwater turtles, or tortoises’’ after ‘‘marine tur- tles’’. Subsec. (b)(1). Pub. L. 116–9, § 7001(c)(3)(C)(iii)(I), in- serted ‘‘, freshwater turtles, or tortoises’’ after ‘‘ma- rine turtles’’ in introductory provisions. Subsec. (b)(1)(A). Pub. L. 116–9, § 7001(c)(3)(C)(iii)(II), added subpar. (A) and struck out former subpar. (A) which read as follows: ‘‘any wildlife management au- thority of a foreign country that has within its bound- aries marine turtle nesting habitat if the activities of the authority directly or indirectly affect marine tur- tle conservation; or’’. Subsec. (b)(1)(B). Pub. L. 116–9, § 7001(c)(3)(C)(iii)(III), inserted ‘‘, freshwater turtles, or tortoises’’ after ‘‘ma- rine turtles’’. Subsec. (c)(2)(A), (C). Pub. L. 116–9, § 7001(c)(3)(C)(iv), inserted ‘‘and territory of the United States’’ after ‘‘each country’’. Subsec. (d). Pub. L. 116–9, § 7001(c)(3)(C)(v), added sub- sec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: ‘‘The Secretary may approve a project proposal under this section if the project will help recover and sustain viable populations of marine turtles in the wild by assisting efforts in for- eign countries to implement marine turtle conserva- tion programs.’’ Subsec. (e). Pub. L. 116–9, § 7001(c)(3)(C)(vi), sub- stituted ‘‘marine turtles, freshwater turtles, or tor- toises and the habitats of marine turtles, freshwater turtles, or tortoises’’ for ‘‘marine turtles and their nesting habitats’’. § 6604. Marine Turtle Conservation Fund (a) Establishment There is established in the Multinational Spe- cies Conservation Fund a separate account to be known as the ‘‘Marine Turtle 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 6606(a) of this title; and (3) any interest earned on investment of amounts in the Fund under subsection (c). (b) Expenditures from Fund (1) In general Subject to paragraph (2), on request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, with- out further appropriation, such amounts as the Secretary determines are necessary to carry out section 6603 of this title. (2) Administrative expenses Of the amounts in the account available for each fiscal year, the Secretary may expend not more than 5 percent, or up to $150,000, whichever is greater, to pay the administra- tive expenses necessary to carry out this chap- ter. (c) Investment of amounts (1) In general The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judg- Page 2639 TITLE 16—CONSERVATION § 6607 1 So in original. Probably should not be capitalized. ment of the Secretary of the Treasury, re- quired to meet current withdrawals. Invest- ments may be made only in interest-bearing obligations of the United States. (2) Acquisition of obligations For the purpose of investments under para- graph (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 trans- ferred at least monthly from the general fund of the Treasury to the Fund on the basis of es- timates made by the Secretary of the Treas- ury. (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 The Secretary may accept and use donations to provide assistance under section 6603 of this title. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit in the Fund. (Pub. L. 108–266, § 5, July 2, 2004, 118 Stat. 794; Pub. L. 116–9, title VII, § 7001(c)(3)(D), Mar. 12, 2019, 133 Stat. 788.) Editorial Notes AMENDMENTS 2019—Subsec. (a)(2). Pub. L. 116–9, § 7001(c)(3)(D)(i), substituted ‘‘section 6606(a)’’ for ‘‘section 6605’’. Subsec. (b)(2). Pub. L. 116–9, § 7001(c)(3)(D)(ii), sub- stituted ‘‘5 percent, or up to $150,000’’ for ‘‘3 percent, or up to $80,000’’. § 6605. Advisory group (a) In general To assist in carrying out this chapter, the Sec- retary may convene an advisory group con- sisting of individuals representing public and private organizations actively involved in the conservation of marine turtles, freshwater tur- tles, or tortoises. (b) Public participation (1) Meetings The Advisory Group 1 shall— (A) ensure that each meeting of the advi- sory group is open to the public; and (B) provide, at each meeting, an oppor- tunity 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 chapter 10 of title 5 Chapter 10 of title 5 shall not apply to the ad- visory group. (Pub. L. 108–266, § 6, July 2, 2004, 118 Stat. 795; Pub. L. 116–9, title VII, § 7001(c)(3)(E), Mar. 12, 2019, 133 Stat. 788; Pub. L. 117–286, § 4(a)(131), Dec. 27, 2022, 136 Stat. 4320.) Editorial Notes AMENDMENTS 2022—Subsec. (c). Pub. L. 117–286 substituted ‘‘chapter 10 of title 5’’ for ‘‘Federal Advisory Committee Act’’ in heading and ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Committee Act (5 U.S.C. App.)’’ in text. 2019—Subsec. (a). Pub. L. 116–9 inserted ‘‘, freshwater turtles, or tortoises’’ after ‘‘marine turtles’’. § 6606. Authorization of appropriations (a) In general There is authorized to be appropriated to the Fund $5,000,000 for each of fiscal years 2025 through 2029. (b) Allocation Of the amounts made available for each fiscal year pursuant to subsection (a)— (1) not less than $1,510,000 shall be used by the Secretary for marine turtle conservation purposes in accordance with this chapter; and (2) of the amounts in excess of the amount described in paragraph (1), not less than 40 per- cent shall be used by the Secretary for fresh- water turtle and tortoise conservation pur- poses in accordance with this chapter. (Pub. L. 108–266, § 7, July 2, 2004, 118 Stat. 795; Pub. L. 116–9, title VII, § 7001(c)(3)(F), Mar. 12, 2019, 133 Stat. 788; Pub. L. 118–159, div. E, title LIII, § 5307(b), Dec. 23, 2024, 138 Stat. 2446.) Editorial Notes AMENDMENTS 2024—Subsec. (a). Pub. L. 118–159 substituted ‘‘2025 through 2029’’ for ‘‘2019 through 2023’’. 2019—Pub. L. 116–9 amended section generally. Prior to amendment, text read as follows: ‘‘There is author- ized to be appropriated to the Fund $5,000,000 for each of fiscal years 2005 through 2009.’’ § 6607. Report to Congress Not later than October 1, 2005, the Secretary shall submit to the Congress a report on the re- sults and effectiveness of the program carried out under this chapter, including recommenda-