16 U.S.C. § 4212 — Acceptance and use of donations

Page 2471 TITLE 16—CONSERVATION § 4213 tion, the CITES Secretariat, and any organiza- tion or individual with experience in African elephant conservation may submit to the Sec- retary a project proposal under this section. Each such proposal shall contain— (1) the name of the person responsible for conducting the project; (2) a succinct statement of the need for and purposes of the project; (3) a description of the qualifications of the individuals who will be conducting the project; (4) an estimate of the funds and time re- quired to complete the project; (5) evidence of support of the project by gov- ernmental entities of countries within which the project will be conducted, if such support may be important for the success of the project; and (6) any other information the Secretary con- siders to be necessary or appropriate for evalu- ating the eligibility of the project for funding under this chapter. (c) Project review and approval The Secretary shall review each project pro- posal to determine if it meets the criteria set forth in subsection (d) and otherwise merits as- sistance under this chapter. Not later than six months after receiving a project proposal, and subject to the availability of funds, the Sec- retary shall approve or disapprove the proposal and provide written notification to the person who submitted the proposal. (d) Criteria for approval The Secretary may approve a project under this section if the project will enhance programs for African elephant research, conservation, management, or protection by— (1) developing in a usable form sound sci- entific information on African elephant habi- tat condition and carrying capacity, total ele- phant numbers and population trends, or an- nual reproduction and mortality; or (2) assisting efforts— (A) to ensure that any taking of African elephants in the country is effectively con- trolled and monitored; (B) to implement conservation programs to provide for healthy, sustainable African elephant populations; or (C) to enhance compliance with the CITES Ivory Control System. (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 that will enhance sustain- able conservation programs to ensure effective long-term conservation of African elephants. (f) Project reporting Each entity that receives assistance under this section shall provide such periodic reports to the Director of the United States Fish and Wildlife Service as the Director considers rel- evant and appropriate. Each report shall include all information requested by the Director for evaluating the progress and success of the project. (g) 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 African elephants and the habitat of African elephants. (2) Effect Nothing in this subsection precludes the Secretary from awarding a grant on an annual basis. (Pub. L. 100–478, title II, § 2101, Oct. 7, 1988, 102 Stat. 2316; Pub. L. 107–111, §§ 5, 6(a)(1), Jan. 8, 2002, 115 Stat. 2096; Pub. L. 110–132, § 2(a), Dec. 6, 2007, 121 Stat. 1360; Pub. L. 118–159, div. E, title LIII, § 5303(a), Dec. 23, 2024, 138 Stat. 2445.) Editorial Notes AMENDMENTS 2024—Subsec. (g). Pub. L. 118–159 added subsec. (g). 2007—Subsec. (c). Pub. L. 110–132, struck out ‘‘and to each country within which the project is proposed to be conducted’’ before period at end in second sentence. 2002—Subsec. (a). Pub. L. 107–111, § 6(a)(1), struck out ‘‘African Elephant Conservation’’ before ‘‘Fund’’. Subsecs. (e), (f). Pub. L. 107–111, § 5, added subsec. (e) and redesignated former subsec. (e) as (f). § 4212. Acceptance and use of donations The Secretary may accept and use donations of funds to provide assistance under this sub- chapter. Amounts received by the Secretary in the form of such donations shall be transferred by the Secretary to the Secretary of the Treas- ury for deposit into the Fund. (Pub. L. 100–478, title II, § 2102, Oct. 7, 1988, 102 Stat. 2317; Pub. L. 107–111, § 6(a)(2), Jan. 8, 2002, 115 Stat. 2096.) Editorial Notes AMENDMENTS 2002—Pub. L. 107–111 redesignated heading and text of subsec. (d) as entire section and struck out former sec- tion catchline and headings and text of subsecs. (a) to (c). Prior to amendment, text of subsecs. (a) to (c) re- lated to establishment in the Treasury of the African Elephant Conservation Fund, consisting of deposits by the Secretary of the Treasury of unused funds from penalties under section 4224 of this title, donations under this section, and appropriations, to be used to provide assistance under this subchapter, with not more than three percent of appropriated funds per fis- cal year used to administer the Fund. § 4213. Omitted Editorial Notes CODIFICATION Section, Pub. L. 100–478, title II, § 2103, Oct. 7, 1988, 102 Stat. 2317, which required the Secretary of the Interior to submit an annual report to Congress regarding the African Elephant Conservation Fund formerly estab- lished by section 4212 of this title and the status of the African elephant, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 107 of House Document No. 103–7.