US (United States) Code. Title 16. Chapter 62A: Asian elephant

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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16 USC CHAPTER 62A - ASIAN ELEPHANT CONSERVATION 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 62A - ASIAN ELEPHANT CONSERVATION

.

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CHAPTER 62A - ASIAN ELEPHANT CONSERVATION

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Sec.

4261. Findings.

4262. Purposes.

4263. Definitions.

4264. Asian elephant conservation assistance.

(a) In general.

(b) Project proposal.

(c) Project review and approval.

(d) Criteria for approval.

(e) Project sustainability.

(f) Project reporting.

(g) Matching funds.

(h) Limitation on use for captive breeding.

4265. Acceptance and use of donations.

4265a. Advisory group.

(a) In general.

(b) Public participation.

(c) Exemption from Federal Advisory Committee Act.

4266. Authorization of appropriations.

(a) In general.

(b) Administrative expenses.

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16 USC Sec. 4261 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 62A - ASIAN ELEPHANT CONSERVATION

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Sec. 4261. Findings

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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 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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(Pub. L. 105-96, Sec. 2, Nov. 19, 1997, 111 Stat. 2150.)

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SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-141, Sec. 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

Section 1 of Pub. L. 105-96 provided that: ''This Act (enacting

this chapter) may be cited as the 'Asian Elephant Conservation Act

of 1997'.''

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16 USC Sec. 4262 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 62A - ASIAN ELEPHANT CONSERVATION

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Sec. 4262. Purposes

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The purposes of this chapter are the following:

(1) To perpetuate healthy populations of Asian elephants.

(2) To assist in the conservation and protection of Asian

elephants by supporting the conservation programs of Asian

elephant range states and the CITES Secretariat.

(3) To provide financial resources for those programs.

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(Pub. L. 105-96, Sec. 3, Nov. 19, 1997, 111 Stat. 2150.)

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16 USC Sec. 4263 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 62A - ASIAN ELEPHANT CONSERVATION

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Sec. 4263. Definitions

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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, including all activities

associated with scientific resource management, such as

conservation, protection, restoration, acquisition, and

management of habitat; research and monitoring of known

populations; assistance in the development of management plans

for managed elephant ranges; CITES enforcement; law enforcement

through community participation; translocation of elephants;

conflict resolution initiatives; and community outreach and

education.

(3) The term ''Fund'' means the account established by division

A, section 101(e), title I of Public Law 105-277 under the

heading ''multinational species conservation fund'' (16 U.S.C.

4246).

(4) The term ''Secretary'' means the Secretary of the Interior.

(5) The term ''Administrator'' means the Administrator of the

Agency for International Development.

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(Pub. L. 105-96, Sec. 4, Nov. 19, 1997, 111 Stat. 2151; Pub. L.

107-141, Sec. 5(a)(1), Feb. 12, 2002, 116 Stat. 14.)

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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, Sec. 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, Sec. 101(e) (title I) appear at 112 Stat. 2681-237

and are classified in part to section 4246 of this title.

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AMENDMENTS

2002 - Par. (3). Pub. L. 107-141 substituted ''the account

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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16 USC Sec. 4264 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 62A - ASIAN ELEPHANT CONSERVATION

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Sec. 4264. Asian elephant conservation assistance

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(a) In general

The Secretary, subject to the availability of funds and in

consultation with the Administrator, shall use amounts in the Fund

to provide financial assistance for projects for the conservation

of Asian elephants for which final project proposals are approved

by the Secretary in accordance with this section.

(b) Project proposal

Any relevant wildlife management authority of a nation within the

range of Asian elephants whose activities directly or indirectly

affect Asian elephant populations, the CITES Secretariat, or any

person with demonstrated expertise in the conservation of Asian

elephants, may submit to the Secretary a project proposal under

this section. Each proposal shall include the following:

(1) The name of the individual responsible for conducting the

project.

(2) A succinct statement of the purposes of the project.

(3) A description of the qualifications of the individuals who

will conduct the project.

(4) An estimate of the funds and time required to complete the

project.

(5) Evidence of support of the project by appropriate

governmental entities of countries in which the project will be

conducted, if the Secretary determines that the support is

required for the success of the project.

(6) Information regarding the source and amount of matching

funding available to the applicant.

(7) Any other information the Secretary considers to be

necessary for evaluating the eligibility of the project for

funding under this chapter.

(c) Project review and approval

(1) In general

Within 30 days after receiving a final project proposal, the

Secretary shall provide a copy of the proposal to the

Administrator. The Secretary shall review each final project

proposal to determine if it meets the criteria set forth in

subsection (d) of this section.

(2) Consultation; approval or disapproval

Not later than 6 months after receiving a final project

proposal, and subject to the availability of funds, the

Secretary, after consulting with the Administrator, shall -

(A) request written comments on the proposal from each

country within which the project is to be conducted;

(B) after requesting those comments, approve or disapprove

the proposal; and

(C) provide written notification of that approval or

disapproval to the person who submitted the proposal, the

Administrator, and each of those countries.

(d) Criteria for approval

The Secretary may approve a final project proposal under this

section if the project will enhance programs for conservation of

Asian elephants by assisting efforts to -

(1) implement conservation programs;

(2) address the conflicts between humans and elephants that

arise from competition for the same habitat;

(3) enhance compliance with provisions of CITES and laws of the

United States or a foreign country that prohibit or regulate the

taking or trade of Asian elephants or regulate the use and

management of Asian elephant habitat;

(4) develop sound scientific information on the condition of

Asian elephant habitat, Asian elephant population numbers and

trends, or the threats to such habitat, numbers, or trends; or

(5) promote cooperative projects on those topics with other

foreign governments, affected local communities, nongovernmental

organizations, or others in the private sector.

(e) Project sustainability

To the maximum extent practical, in determining whether to

approve project proposals under this section, the Secretary shall

give consideration to projects which will enhance sustainable

integrated conservation development programs to ensure effective,

long-term conservation of Asian elephants.

(f) Project reporting

Each person who receives assistance under this section for a

project shall provide periodic reports, as the Secretary considers

necessary, to the Secretary and the Administrator. Each report

shall include all information required by the Secretary, after

consulting with the Administrator, for evaluating the progress and

success of the project.

(g) Matching funds

In determining whether to approve project proposals under this

section, the Secretary shall give priority to those projects for

which there exists some measure of matching funds.

(h) Limitation on use for captive breeding

Amounts provided as a grant under this chapter may not be used

for captive breeding of Asian elephants other than for release in

the wild.

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(Pub. L. 105-96, Sec. 5, Nov. 19, 1997, 111 Stat. 2151.)

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4246, 4265 of this title.

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16 USC Sec. 4265 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 62A - ASIAN ELEPHANT CONSERVATION

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Sec. 4265. Acceptance and use of donations

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The Secretary may accept and use donations to provide assistance

under section 4264 of this title. Amounts received by the

Secretary in the form of donations shall be transferred to the

Secretary of the Treasury for deposit into the Fund.

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(Pub. L. 105-96, Sec. 6, Nov. 19, 1997, 111 Stat. 2153; Pub. L.

107-141, Sec. 5(a)(2), Feb. 12, 2002, 116 Stat. 14.)

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AMENDMENTS

2002 - Pub. L. 107-141 substituted ''Acceptance and use of

donations'' for ''Asian Elephant Conservation Fund'' as section

catchline, struck out subsecs. (a) to (c), which related to

establishment, deposits into, and use of the Asian Elephant

Conservation Fund, redesignated subsec. (d) as entire section and

struck out subsec. heading.

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16 USC Sec. 4265a 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 62A - ASIAN ELEPHANT CONSERVATION

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Sec. 4265a. Advisory group

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(a) In general

To assist in carrying out this chapter, the Secretary may convene

an advisory group consisting of individuals representing public and

private organizations actively involved in the conservation of

Asian elephants.

(b) Public participation

(1) Meetings

The Advisory Group shall -

(A) ensure that each meeting of the advisory group is open to

the public; and

(B) provide, at each meeting, an opportunity 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 Federal Advisory Committee Act

The Federal Advisory Committee Act (5 U.S.C. App.) shall not

apply to the advisory group.

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(Pub. L. 105-96, Sec. 7, as added Pub. L. 107-141, Sec. 4, Feb. 12,

2002, 116 Stat. 13.)

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REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (c),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

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PRIOR PROVISIONS

A prior section 7 of Pub. L. 105-96 was renumbered section 8 and

is classified to section 4266 of this title.

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16 USC Sec. 4266 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 62A - ASIAN ELEPHANT CONSERVATION

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Sec. 4266. Authorization of appropriations

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(a) In general

There is authorized to be appropriated to the Fund $5,000,000 for

each of fiscal years 2001, 2002, 2003, 2004, 2005, 2006, and 2007

to carry out this chapter, which may remain 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 $80,000,

whichever is greater, to pay the administrative expenses necessary

to carry out this chapter.

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(Pub. L. 105-96, Sec. 8, formerly Sec. 7, Nov. 19, 1997, 111 Stat.

2153; renumbered Sec. 8 and amended Pub. L. 107-141, Sec. 2-4, Feb.

12, 2002, 116 Stat. 13.)

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AMENDMENTS

2002 - Pub. L. 107-141, Sec. 3, designated existing provisions as

subsec. (a), inserted heading, substituted ''There is authorized''

for ''There are authorized'', and added subsec. (b).

Pub. L. 107-141, Sec. 2, substituted ''2001, 2002, 2003, 2004,

2005, 2006, and 2007'' for ''1998, 1999, 2000, 2001, and 2002''.

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