Asian Elephant

PUBLIC LAW 105–96—NOV. 19, 1997

ASIAN ELEPHANT CONSERVATION
ACT OF 1997

111 STAT. 2150

PUBLIC LAW 105–96—NOV. 19, 1997

Public Law 105–96
105th Congress
An Act
Nov. 19, 1997
[H.R. 1787]

Asian Elephant
Conservation Act
of 1997.
16 USC 4261
note.
16 USC 4261.

To assist in the conservation of Asian elephants by supporting and providing financial
resources for the conservation programs of nations within the range of Asian
elephants and projects of persons with demonstrated expertise in the conservation
of Asian elephants.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Asian Elephant Conservation
Act of 1997’’.
SEC. 2. 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 4 of the Endangered Species Act of 1973 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.
16 USC 4262.

SEC. 3. PURPOSES.

The purposes of this Act are the following:
(1) To perpetuate healthy populations of Asian elephants.

PUBLIC LAW 105–96—NOV. 19, 1997

111 STAT. 2151

(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.
SEC. 4. DEFINITIONS.

16 USC 4263.

In this Act:
(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 Asian Elephant Conservation Fund established under section 6(a).
(4) The term ‘‘Secretary’’ means the Secretary of the
Interior.
(5) The term ‘‘Administrator’’ means the Administrator of
the Agency for International Development.
SEC. 5. ASIAN ELEPHANT CONSERVATION ASSISTANCE.

(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.

16 USC 4264.

111 STAT. 2152

PUBLIC LAW 105–96—NOV. 19, 1997

(7) Any other information the Secretary considers to be
necessary for evaluating the eligibility of the project for funding
under this Act.
(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).
(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 Act may not be used for captive
breeding of Asian elephants other than for release in the wild.

PUBLIC LAW 105–96—NOV. 19, 1997

111 STAT. 2153

SEC. 6. ASIAN ELEPHANT CONSERVATION FUND.

16 USC 4265.

(a) ESTABLISHMENT.—There is established in the general fund
of the Treasury a separate account to be known as the ‘‘Asian
Elephant Conservation Fund’’, which shall consist of amounts deposited into the Fund by the Secretary of the Treasury under subsection
(b).
(b) DEPOSITS INTO THE FUND.—The Secretary of the Treasury
shall deposit into the Fund—
(1) all amounts received by the Secretary in the form
of donations under subsection (d); and
(2) other amounts appropriated to the Fund.
(c) USE.—
(1) IN GENERAL.—Subject to paragraph (2), the Secretary
may use amounts in the Fund without further appropriation
to provide assistance under section 5.
(2) ADMINISTRATION.—Of amounts in the Fund available
for each fiscal year, the Secretary may use not more than
3 percent to administer the Fund.
(d) ACCEPTANCE AND USE OF DONATIONS.—The Secretary may
accept and use donations to provide assistance under section 5.
Amounts received by the Secretary in the form of donations shall
be transferred to the Secretary of the Treasury for deposit into
the Fund.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Fund $5,000,000
for each of fiscal years 1998, 1999, 2000, 2001, and 2002 to carry
out this Act, which may remain available until expended.
Approved November 19, 1997.

LEGISLATIVE HISTORY—H.R. 1787 (S. 1287):
HOUSE REPORTS: No. 105–266, Pt. 1 (Comm. on Resources).
SENATE REPORTS: No. 105–142 accompanying S. 1287 (Comm. on Environment
and Public Works).
CONGRESSIONAL RECORD, Vol. 143 (1997):
Oct. 21, considered and passed House.
Nov. 8, considered and passed Senate.

Æ

16 USC 4266.