16 U.S.C. § 6602 — Definitions

Page 2636 TITLE 16—CONSERVATION § 6602 (3) to address other threats to the survival of marine turtles, freshwater turtles, and tor- toises, including habitat loss, poaching of tur- tles or their eggs, and wildlife trafficking. (Pub. L. 108–266, § 2, July 2, 2004, 118 Stat. 791; Pub. L. 116–9, title VII, § 7001(c)(3)(A), Mar. 12, 2019, 133 Stat. 786.) Editorial Notes REFERENCES IN TEXT The Endangered Species Act of 1973, referred to in subsec. (a)(2), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally 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 sec- tion 1531 of this title and Tables. AMENDMENTS 2019—Subsec. (b). Pub. L. 116–9 added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: ‘‘The purpose of this chapter is to as- sist in the conservation of marine turtles and the nest- ing habitats of marine turtles in foreign countries by supporting and providing financial resources for projects to conserve the nesting habitats, conserve ma- rine turtles in those habitats, and address other threats to the survival of marine turtles.’’ Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 108–266, § 1, July 2, 2004, 118 Stat. 791, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Marine Turtle Conservation Act of 2004’.’’ § 6602. Definitions In this chapter: (1) CITES The term ‘‘CITES’’ means the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249). (2) Conservation The term ‘‘conservation’’ means the use of all methods and procedures necessary to pro- tect marine turtles, freshwater turtles, and tortoises, and the habitats of marine turtles, freshwater turtles, and tortoises, in foreign countries and territories of the United States under the jurisdiction of United States Fish and Wildlife Service programs, including— (A) protection, restoration, and manage- ment of habitats; (B) onsite research and monitoring of pop- ulations, habitats, annual reproduction, and species population trends; (C) assistance in the development, imple- mentation, and improvement of national and regional management plans for habitat ranges; (D) enforcement and implementation of CITES and laws of foreign countries— (i) to protect and manage populations and habitats; and (ii) to prevent illegal trade of marine turtles; (E) training of local law enforcement offi- cials in the interdiction and prevention of— (i) the illegal killing of marine turtles, freshwater turtles, and tortoises; and (ii) illegal trade in marine turtles; (F) initiatives to resolve conflicts between humans and marine turtles, freshwater tur- tles, and tortoises over habitats used by ma- rine turtles, freshwater turtles, and tor- toises; (G) community outreach and education; and (H) strengthening of the ability of local communities to implement population and habitat conservation programs. (3) Freshwater turtle (A) In general The term ‘‘freshwater turtle’’ means any member of the family Carettochelyidae, Chelidae, Chelydridae, Dermatemydidae, Emydidae, Geoemydidae, Kinosternidae, Pelomedusidae, Platysternidae, Podocnemididae, or Trionychidae. (B) Inclusions The term ‘‘freshwater turtle’’ includes— (i) any part, product, egg, or offspring of a turtle described in subparagraph (A); and (ii) a carcass of such a turtle. (4) Fund The term ‘‘Fund’’ means the Marine Turtle Conservation Fund established by section 6604 of this title. (5) Habitat The term ‘‘habitat’’ means any marine tur- tle, freshwater turtle, or tortoise habitat (in- cluding a nesting habitat) that is under the ju- risdiction of United States Fish and Wildlife Service programs. (6) Marine turtle (A) In general The term ‘‘marine turtle’’ means any member of the family Cheloniidae or Dermochelyidae. (B) Inclusions The term ‘‘marine turtle’’ includes— (i) any part, product, egg, or offspring of a turtle described in subparagraph (A); and (ii) a carcass of such a turtle. (7) Multinational Species Conservation Fund The term ‘‘Multinational Species Conserva- tion Fund’’ means the fund established under the heading ‘‘multinational species conserva- tion fund’’ in title I of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 4246). (8) Secretary The term ‘‘Secretary’’ means the Secretary of the Interior. (9) Territory of the United States The term ‘‘territory of the United States’’ means— (A) American Samoa; (B) the Commonwealth of the Northern Mariana Islands; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) the United States Virgin Islands; and (F) any other territory or possession of the United States. Page 2637 TITLE 16—CONSERVATION § 6603 (10) Tortoise (A) In general The term ‘‘tortoise’’ means any member of the family Testudinidae. (B) Inclusions The term ‘‘tortoise’’ includes— (i) any part, product, egg, or offspring of a tortoise described in subparagraph (A); and (ii) a carcass of such a tortoise. (Pub. L. 108–266, § 3, July 2, 2004, 118 Stat. 792; Pub. L. 116–9, title VII, § 7001(c)(3)(B), Mar. 12, 2019, 133 Stat. 786.) Editorial Notes REFERENCES IN TEXT Title I of the Department of the Interior and Related Agencies Appropriations Act, 1999, referred to in par. (7), 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 2019—Par. (2). Pub. L. 116–9, § 7001(c)(3)(B)(i)(I), sub- stituted ‘‘marine turtles, freshwater turtles, and tor- toises, and the habitats of marine turtles, freshwater turtles, and tortoises, in foreign countries and terri- tories of the United States under the jurisdiction of United States Fish and Wildlife Service programs’’ for ‘‘nesting habitats of marine turtles in foreign countries and of marine turtles in those habitats’’ in introduc- tory provisions. Par. (2)(A) to (C). Pub. L. 116–9, § 7001(c)(3)(B)(i)(II), struck out ‘‘nesting’’ wherever appearing before ‘‘habi- tats’’, ‘‘populations’’, and ‘‘habitat’’. Par. (2)(D). Pub. L. 116–9, § 7001(c)(3)(B)(i)(III)(aa), sub- stituted ‘‘countries—’’ for ‘‘countries to—’’ in introduc- tory provisions. Par. (2)(D)(i). Pub. L. 116–9, § 7001(c)(3)(B)(i)(III)(bb), inserted ‘‘to’’ before ‘‘protect’’ and struck out ‘‘nest- ing’’ before ‘‘populations’’ and before ‘‘habitats’’. Par. (2)(D)(ii). Pub. L. 116–9, § 7001(c)(3)(B)(i)(III)(cc), inserted ‘‘to’’ before ‘‘prevent’’. Par. (2)(E)(i). Pub. L. 116–9, § 7001(c)(3)(B)(i)(IV), sub- stituted ‘‘turtles, freshwater turtles, and tortoises’’ for ‘‘turtles on nesting habitat’’. Par. (2)(F). Pub. L. 116–9, § 7001(c)(3)(B)(i)(V), sub- stituted ‘‘turtles, freshwater turtles, and tortoises over habitats used by marine turtles, freshwater turtles, and tortoises’’ for ‘‘turtles over habitat used by marine tur- tles for nesting’’. Par. (2)(H). Pub. L. 116–9, § 7001(c)(3)(B)(i)(VI), struck out ‘‘nesting’’ before ‘‘population’’ and before ‘‘habi- tat’’. Pars. (3) to (10). Pub. L. 116–9, § 7001(c)(3)(B)(ii)–(v), added pars. (3), (5), (9), and (10) and redesignated former pars. (3) to (6) as (4), (6), (7), and (8), respectively. § 6603. Conservation assistance (a) In general Subject to the availability of funds and in con- sultation with other Federal officials, the Sec- retary shall use amounts in the Fund to provide financial assistance for projects for the con- servation of marine turtles, freshwater turtles, or tortoises for which project proposals are ap- proved by the Secretary in accordance with this section. (b) Project proposals (1) Eligible applicants A proposal for a project for the conservation of marine turtles, freshwater turtles, or tor- toises may be submitted to the Secretary by— (A) any wildlife management authority of a foreign country or territory of the United States that has within its boundaries marine turtle, freshwater turtle, or tortoise habitat, if the activities of the authority directly or indirectly affect marine turtle, freshwater turtle, or tortoise conservation; or (B) any other person or group with the demonstrated expertise required for the con- servation of marine turtles, freshwater tur- tles, or tortoises. (2) Required elements A project proposal shall include— (A) a statement of the purposes of the project; (B) the name of the individual with overall responsibility for the project; (C) a description of the qualifications of the individuals that will conduct the project; (D) a description of— (i) methods for project implementation and outcome assessment; (ii) staff and community management for the project; and (iii) the logistics of the project; (E) an estimate of the funds and time re- quired to complete the project; (F) evidence of support for the project by appropriate governmental entities of the countries in which the project will be con- ducted, if the Secretary determines that such support is required for the success of the project; (G) information regarding the source and amount of matching funding available for the project; and (H) any other information that the Sec- retary considers to be necessary for evalu- ating the eligibility of the project for fund- ing under this chapter. (c) Project review and approval (1) In general The Secretary shall— (A) not later than 30 days after receiving a project proposal, provide a copy of the pro- posal to other Federal officials, as appro- priate; and (B) review each project proposal in a time- ly manner to determine whether the pro- posal meets the criteria specified in sub- section (d). (2) Consultation; approval or disapproval Not later than 180 days after receiving a project proposal, and subject to the avail- ability of funds, the Secretary, after con- sulting with other Federal officials, as appro- priate, shall— (A) consult on the proposal with the gov- ernment of each country and territory of the United States in which the project is to be conducted; (B) after taking into consideration any comments resulting from the consultation,