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16 U.S.C. § 4261 — Findings

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4261 — Findings

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-el

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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’’.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4211 — Statement of purpose

The purpose of this chapter is to perpetuate healthy populations of African elephants.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4211 — Provision of assistance

Page 2470 TITLE 16—CONSERVATION § 4202 (Pub. L. 100–478, title II, § 2002, Oct. 7, 1988, 102 Stat. 2315.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2007 AMENDMENT Pub. L. 110–132, § 1, Dec. 6, 2007, 121 Stat. 1360, provided that: ‘‘This Act [amending sections 4211, 4245, 5304, and 5306 of this title] may be cited as the ‘Multinational Species Conservation Funds Reauthorization Act of 2007’.’’ SHORT TITLE OF 2002 AMENDMENT Pub. L. 107–111, § 1, Jan. 8, 2002, 115 Stat. 2095, provided that: ‘‘This Act [enacting section 4214 of this title, amending sections 4211, 4212, and 4244 to 4246 of this title, and repealing section 4243 of this title] may be cited as the ‘African Elephant Conservation Reauthor- ization Act of 2001’.’’ SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–217, § 1, Aug. 5, 1998, 112 Stat. 911, provided that: ‘‘This Act [amending section 4245 of this title] may be cited as the ‘African Elephant Conservation Re- authorization Act of 1998’.’’ SHORT TITLE Pub. L. 100–478, title II, § 2001, Oct. 7, 1988, 102 Stat. 2315, provided that: ‘‘This title [enacting this chapter and amending section 1538 of this title] may be cited as the ‘African Elephant Conservation Act’.’’ REPORTING REQUIREMENTS Pub. L. 118–159, div. E, title LIII, § 5308, Dec. 23, 2024, 138 Stat. 2446, provided that: ‘‘(a) REPORTS TO CONGRESS.—Annually, the Secretary of the Interior shall submit to the appropriate commit- tees of Congress a report on the implementation of— ‘‘(1) the African Elephant Conservation Act (16 U.S.C. 4201 et seq.); ‘‘(2) the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261 et seq.); ‘‘(3) the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.); ‘‘(4) the Great Ape Conservation Act of 2000 (16 U.S.C. 6301 et se

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4224 — Review of African elephant conservation programs

**(a) In general** Within one month after October 7, 1988, the Secretary shall issue a call for information on the African elephant conservation program of each ivory producing country by— (1) publishing a notice in the Federal Register requesting submission of such information to the Secretary by all interested parties; and (2) submitting a written request for such information through the Secretary of State to each ivory producing country. **(b) Review and determination** (1) **In general** — The Secretary shall review the African elephant conservation program of each ivory producing country and, not later than one year after October 7, 1988, shall issue and publish in the Federal Register a determination of whether or not the country meets the following criteria: (A) The country is a party to CITES and adheres to the CITES Ivory Control System. (B) The country’s elephant conservation program is based on the best available information, and the country is making expeditious progress in compiling information on the elephant habitat condition and carrying capacity, total population and population trends, and the annual reproduction and mortality of the elephant populations within the country. (C) The taking of elephants in the country is effectively controlled and monitored. (D) The country’s ivory quota is determined on the basis of information referred to in subparagraph (B) and reflects the amount of ivory which is confiscated or consumed domestically by the country. (E) The country has not authorized or allowed the export of amounts of raw ivory which exceed its ivory quota under the CITES Ivory Control System. (2) **Delay in issuing determination** — If the Secretary finds within one year after October 7, 1988, that there is insufficient informati

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4224 — Penalties and enforcement

Page 2473 TITLE 16—CONSERVATION § 4224 (b) Intermediary countries The Secretary shall establish a moratorium on the importation of raw and worked ivory from an intermediary country immediately upon making a determination that the country— (1) is not a party to CITES; (2) does not adhere to the CITES Ivory Con- trol System; (3) imports raw ivory from a country that is not an ivory producing country; (4) imports raw or worked ivory from a coun- try that is not a party to CITES; (5) imports raw or worked ivory that origi- nates in an ivory producing country in viola- tion of the laws of that ivory producing coun- try; (6) substantially increases its imports of raw or worked ivory from a country that is subject to a moratorium under this chapter during the first three months of that moratorium; or (7) imports raw or worked ivory from a coun- try that is subject to a moratorium under this chapter after the first three months of that moratorium, unless the ivory is imported by vessel during the first six months of that mor- atorium and is accompanied by shipping docu- ments which show that it was exported before the establishment of the moratorium. (c) Suspension of moratorium The Secretary shall suspend a moratorium es- tablished under this section if, after notice and public comment, the Secretary determines that the reasons for establishing the moratorium no longer exist. (d) Petition (1) In general Any person may at any time submit a peti- tion in writing requesting that the Secretary establish or suspend a moratorium under this section. Such a petition shall include such substantial information as may be necessary to demonstrate the need for the action re- quested by the petition. (2) Consideration and ruling The Secretary shall publish a

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4225 — Moratoria

**(a) Ivory producing countries** (1) **In general** — The Secretary shall establish a moratorium on the importation of raw and worked ivory from an ivory producing country immediately upon making a determination that the country does not meet all the criteria set forth in [section 4221(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4221/b/1&num=0&edition=prelim). (2) **Later establishment** — With regard to any ivory producing country for which the Secretary has insufficient information to make a determination pursuant to [section 4221(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4221/b&num=0&edition=prelim), the Secretary shall establish a moratorium on the importation of raw and worked ivory from such country not later than January 1, 1990, unless, based on new information, the Secretary concludes before that date that the country meets all of the criteria set forth in [section 4221(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4221/b/1&num=0&edition=prelim). **(b) Intermediary countries** The Secretary shall establish a moratorium on the importation of raw and worked ivory from an intermediary country immediately upon making a determination that the country— (1) is not a party to CITES; (2) does not adhere to the CITES Ivory Control System; (3) imports raw ivory from a country that is not an ivory producing country; (4) imports raw or worked ivory from a country that is not a party to CITES; (5) imports raw or worked ivory that originates in an ivory producing country in violation of the laws of that ivory producing country; (6) substantially increases its imports of raw or worked ivory from a country that is

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4225 — Rewards

Page 2474 TITLE 16—CONSERVATION § 4225 shall apply to actions arising under this sub- chapter. (Pub. L. 100–478, title II, § 2204, Oct. 7, 1988, 102 Stat. 2320.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 4225. Rewards (a) In general Upon the recommendation of the Secretary, the Secretary of the Treasury may pay a reward to any person who furnishes information which leads to a civil penalty or a criminal conviction under this chapter. (b) Amount The amount of a reward under this section shall be equal to not more than one-half of any criminal or civil penalty or fine with respect to which the reward is paid, or $25,000, whichever is less. (c) Limitation on eligibility An officer or employee of the United States or of any State or local government who furnishes information or renders service in the perform- ance of his or her official duties shall not be eli- gible for a reward under this section. (Pub. L. 100–478, title II, § 2205, Oct. 7, 1988, 102 Stat. 2320.) SUBCHAPTER III—MISCELLANEOUS § 4241. Relationship to Endangered Species Act of 1973 The authority of the Secretary under this chapter is in addition to and shall not affect the authority of the Secretary under the Endan- gered Species Act of 1973 (16 U.S.C. 1531 et seq.) or diminish the

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4246 — Repealed. Pub. L. 107–111, § 6(a)(3), Jan. 8, 2002, 115 Stat. 2096

### Statutory Notes Section, Pub. L. 100–478, title II, § 2304, Oct. 7, 1988, 102 Stat. 2322, directed Secretary to determine within 3 months after the 8th Conference of the Parties to CITES whether the importation of illegally harvested ivory into the United States had been substantially stopped, and upon a determination that it had not been substantially stopped, to recommend to Congress necessary legislation or other actions to achieve the purposes of this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

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

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4261 — Findings

The Congress finds the following: (1) Asian elephant populations in nations within the range of Asian elephants have continued 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 endangered species under [section 1533 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1533&num=0&edition=prelim) and under appendix I of the Convention on International Trade of Endangered Species of Wild Fauna and Flora. (3) Because the challenges facing the conservation of Asian elephants are so great, resources 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 consequent benefit from such conservation to numerous other species of wildlife including many other endangered species. (5) Among the threats to the Asian elephant in addition to habitat loss are population fragmentation, human-elephant conflict, poaching for ivory, meat, hide, bones and teeth, and capture for domestication. (6) To reduce, remove, or otherwise effectively 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 countries, and the private sector.

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