Marine Turtles

PUBLIC LAW 108–266—JULY 2, 2004

118 STAT. 791

Public Law 108–266
108th Congress
An Act
To assist in the conservation of marine turtles and the nesting habitats of marine
turtles in foreign countries.

July 2, 2004
[H.R. 3378]

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 ‘‘Marine Turtle Conservation
Act of 2004’’.
SEC. 2. FINDINGS AND PURPOSES.

Marine Turtle
Conservation Act
of 2004.
16 USC 6601
note.
16 USC 6601.

(a) FINDINGS.—The Congress finds that—
(1) marine turtle populations have declined to the point
that the long-term survival of the loggerhead, green, hawksbill,
Kemp’s ridley, olive ridley, and leatherback turtle in the wild
is in serious jeopardy;
(2) 6 of the 7 recognized species of marine turtles are
listed as threatened or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and all
7 species have been included in Appendix I of CITES;
(3) because marine turtles are long-lived, late-maturing,
and highly migratory, marine turtles are particularly vulnerable to the impacts of human exploitation and habitat loss;
(4) illegal international trade seriously threatens wild populations of some marine turtle species, particularly the hawksbill
turtle;
(5) the challenges facing marine turtles are immense, and
the resources available have not been sufficient to cope with
the continued loss of nesting habitats caused by human activities and the consequent diminution of marine turtle populations;
(6) because marine turtles are flagship species for the ecosystems in which marine turtles are found, sustaining healthy
populations of marine turtles provides benefits to many other
species of wildlife, including many other threatened or endangered species;
(7) marine turtles are important components of the ecosystems that they inhabit, and studies of wild populations
of marine turtles have provided important biological insights;
(8) changes in marine turtle populations are most reliably
indicated by changes in the numbers of nests and nesting
females; and
(9) the reduction, removal, or other effective addressing
of the threats to the long-term viability of populations of marine
turtles will require the joint commitment and effort of—

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118 STAT. 792

PUBLIC LAW 108–266—JULY 2, 2004

(A) countries that have within their boundaries marine
turtle nesting habitats; and
(B) persons with expertise in the conservation of
marine turtles.
(b) PURPOSE.—The purpose of this Act is to assist in the conservation of marine turtles and the nesting habitats of marine
turtles in foreign countries by supporting and providing financial
resources for projects to conserve the nesting habitats, conserve
marine turtles in those habitats, and address other threats to
the survival of marine turtles.
16 USC 6602.

SEC. 3. DEFINITIONS.

In this Act:
(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 protect nesting
habitats of marine turtles in foreign countries and of marine
turtles in those habitats, including—
(A) protection, restoration, and management of nesting
habitats;
(B) onsite research and monitoring of nesting populations, nesting habitats, annual reproduction, and species
population trends;
(C) assistance in the development, implementation, and
improvement of national and regional management plans
for nesting habitat ranges;
(D) enforcement and implementation of CITES and
laws of foreign countries to—
(i) protect and manage nesting populations and
nesting habitats; and
(ii) prevent illegal trade of marine turtles;
(E) training of local law enforcement officials in the
interdiction and prevention of—
(i) the illegal killing of marine turtles on nesting
habitat; and
(ii) illegal trade in marine turtles;
(F) initiatives to resolve conflicts between humans and
marine turtles over habitat used by marine turtles for
nesting;
(G) community outreach and education; and
(H) strengthening of the ability of local communities
to implement nesting population and nesting habitat conservation programs.
(3) FUND.—The term ‘‘Fund’’ means the Marine Turtle
Conservation Fund established by section 5.
(4) 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.
(5) MULTINATIONAL SPECIES CONSERVATION FUND.—The
term ‘‘Multinational Species Conservation Fund’’ means the

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PUBLIC LAW 108–266—JULY 2, 2004

118 STAT. 793

fund established under the heading ‘‘multinational species conservation fund’’ in title I of the Department of the Interior
and Related Agencies Appropriations Act, 1999 (16 U.S.C.
4246).
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
SEC. 4. MARINE TURTLE CONSERVATION ASSISTANCE.

16 USC 6603.

(a) IN GENERAL.—Subject to the availability of funds and in
consultation with other Federal officials, the Secretary shall use
amounts in the Fund to provide financial assistance for projects
for the conservation of marine turtles for which project proposals
are approved 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 may be submitted to the Secretary by—
(A) any wildlife management authority of a foreign
country that has within its boundaries marine turtle
nesting habitat if the activities of the authority directly
or indirectly affect marine turtle conservation; or
(B) any other person or group with the demonstrated
expertise required for the conservation of marine turtles.
(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 required to
complete the project;
(F) evidence of support for the project by appropriate
governmental entities of the countries in which the project
will be conducted, 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 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.—The Secretary shall—
(A) not later than 30 days after receiving a project
proposal, provide a copy of the proposal to other Federal
officials, as appropriate; and
(B) review each project proposal in a timely manner
to determine whether the proposal meets the criteria specified in subsection (d).
(2) CONSULTATION; APPROVAL OR DISAPPROVAL.—Not later
than 180 days after receiving a project proposal, and subject

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Deadlines.
Records.

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118 STAT. 794

PUBLIC LAW 108–266—JULY 2, 2004

to the availability of funds, the Secretary, after consulting
with other Federal officials, as appropriate, shall—
(A) consult on the proposal with the government of
each country in which the project is to be conducted;
(B) after taking into consideration any comments
resulting from the consultation, approve or disapprove the
project proposal; and
(C) provide written notification of the approval or disapproval to the person that submitted the project proposal,
other Federal officials, and each country described in
subparagraph (A).
(d) CRITERIA FOR APPROVAL.—The Secretary may approve a
project proposal under this section if the project will help recover
and sustain viable populations of marine turtles in the wild by
assisting efforts in foreign countries to implement marine turtle
conservation programs.
(e) PROJECT SUSTAINABILITY.—To the maximum extent practicable, in determining whether to approve project proposals under
this section, the Secretary shall give preference to conservation
projects that are designed to ensure effective, long-term conservation of marine turtles and their nesting habitats.
(f) MATCHING FUNDS.—In determining whether to approve
project proposals under this section, the Secretary shall give preference to projects for which matching funds are available.
(g) PROJECT REPORTING.—
(1) IN GENERAL.—Each person that receives assistance
under this section for a project shall submit to the Secretary
periodic reports (at such intervals as the Secretary may require)
that include all information that the Secretary, after consultation with other government officials, determines is necessary
to evaluate the progress and success of the project for the
purposes of ensuring positive results, assessing problems, and
fostering improvements.
(2) AVAILABILITY TO THE PUBLIC.—Reports under paragraph
(1), and any other documents relating to projects for which
financial assistance is provided under this Act, shall be made
available to the public.

Notification.

16 USC 6604.

SEC. 5. MARINE TURTLE CONSERVATION FUND.

(a) ESTABLISHMENT.—There is established in the Multinational
Species Conservation Fund a separate account to be known as
the ‘‘Marine Turtle Conservation Fund’’, consisting of—
(1) amounts transferred to the Secretary of the Treasury
for deposit into the Fund under subsection (e);
(2) amounts appropriated to the Fund under section 6;
and
(3) any interest earned on investment of amounts in the
Fund under subsection (c).
(b) EXPENDITURES FROM FUND.—
(1) IN GENERAL.—Subject to paragraph (2), on request by
the Secretary, the Secretary of the Treasury shall transfer
from the Fund to the Secretary, without further appropriation,
such amounts as the Secretary determines are necessary to
carry out section 4.
(2) ADMINISTRATIVE EXPENSES.—Of the amounts in the
account available for each fiscal year, the Secretary may expend
not more than 3 percent, or up to $80,000, whichever is greater,

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PUBLIC LAW 108–266—JULY 2, 2004

118 STAT. 795

to pay the administrative expenses necessary to carry out this
Act.
(c) INVESTMENT OF AMOUNTS.—
(1) IN GENERAL.—The Secretary of the Treasury shall invest
such portion of the Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing
obligations of the United States.
(2) ACQUISITION OF OBLIGATIONS.—For the purpose of
investments under paragraph (1), obligations may be acquired—
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the
market price.
(3) SALE OF OBLIGATIONS.—Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the
market price.
(4) CREDITS TO FUND.—The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to and form a part of the Fund.
(d) TRANSFERS OF AMOUNTS.—
(1) IN GENERAL.—The amounts required to be transferred
to the Fund under this section shall be transferred at least
monthly from the general fund of the Treasury to the Fund
on the basis of estimates made by the Secretary of the Treasury.
(2) ADJUSTMENTS.—Proper adjustment shall be made in
amounts subsequently transferred to the extent prior estimates
were in excess of or less than the amounts required to be
transferred.
(e) ACCEPTANCE AND USE OF DONATIONS.—The Secretary may
accept and use donations to provide assistance under section 4.
Amounts received by the Secretary in the form of donations shall
be transferred to the Secretary of the Treasury for deposit in
the Fund.
SEC. 6. ADVISORY GROUP.

16 USC 6605.

(a) IN GENERAL.—To assist in carrying out this Act, the Secretary may convene an advisory group consisting of individuals
representing public and private organizations actively involved in
the conservation of marine turtles.
(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.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

16 USC 6606.

There is authorized to be appropriated to the Fund $5,000,000
for each of fiscal years 2005 through 2009.

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118 STAT. 796
Deadline.
16 USC 6607.

PUBLIC LAW 108–266—JULY 2, 2004

SEC. 8. REPORT TO CONGRESS.

Not later than October 1, 2005, the Secretary shall submit
to the Congress a report on the results and effectiveness of the
program carried out under this Act, including recommendations
concerning how this Act might be improved and whether the Fund
should be continued in the future.
Approved July 2, 2004.

LEGISLATIVE HISTORY—H.R. 3378 (S. 1210):
HOUSE REPORTS: No. 108–507 (Comm. on Resources).
SENATE REPORTS: No. 108–167 accompanying S. 1210 (Comm. on Environment
and Public Works).
CONGRESSIONAL RECORD, Vol. 150 (2004):
June 14, considered and passed House.
June 18, considered and passed Senate.

Æ

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