Marine Turtle Conservation Act of 2004

Marine Turtle Conservation Act of 2004
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.
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.
(a) FINDINGS.—The Congress finds that—
(1) marine turtle populations have declined to the pointthat 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 arelisted 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 popu lations of some marine turtle
species, particularly the hawksbill turtle;
(5) the challenges facing marine turtles are immense, andthe 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 eco systems that they inhabit, and
studies of wild populations
of marine turtles have provided important biological insights;
(8) changes in marine turtle populations are most reliablyindicated by changes in the
numbers of nests and nesting
females; and
(9) the reduction, removal, or other effective addressingof the threats to the long-term
viability of populations of marine turtles will require the joint commitment and effort
of—
July 2, 2004
[H.R. 3378]
Marine Turtle Conservation Act of 2004.
16 USC 6601
note.
16 USC 6601.

118 STAT. 792 PUBLIC LAW 108–266—JULY 2, 2004
(A) countries that have within their boundaries marineturtle nesting habitats; and
(B) persons with expertise in the conservation ofmarine 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 onInternational 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 nestinghabitats;
(B) onsite research and monitoring of nesting popu lations, nesting habitats, annual
reproduction, and species
population trends;
(C) assistance in the development, implementation, andimprovement of national and
regional management plans
for nesting habitat ranges;
(D) enforcement and implementation of CITES andlaws of foreign countries to—
(i) protect and manage nesting populations andnesting habitats; and
(ii) prevent illegal trade of marine turtles;
(E) training of local law enforcement officials in theinterdiction and prevention of—
(i) the illegal killing of marine turtles on nestinghabitat; and
(ii) illegal trade in marine turtles;
(F) initiatives to resolve conflicts between humans andmarine turtles over habitat used by
marine turtles for
nesting;
(G) community outreach and education; and
(H) strengthening of the ability of local communitiesto 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 turtledescribed in subparagraph (A); and
(ii) a carcass of such a turtle.
(5) MULTINATIONAL SPECIES CONSERVATION FUND.—The term
‘‘Multinational Species Conservation Fund’’ means the 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 foreigncountry 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 demonstratedexpertise 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 responsi bility for the project;
(C) a description of the qualifications of the individualsthat will conduct the project;
(D) a description of—
(i) methods for project implementation and outcome assessment;
(ii) staff and community management for theproject; and
(iii) the logistics of the project;
(E) an estimate of the funds and time required tocomplete the project;
(F) evidence of support for the project by appropriategovernmental 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 ofmatching funding available for the
project; and
(H) any other information that the Secretary considersto be necessary for evaluating the
eligibility of the project
for funding under this Act.
(c) PROJECT REVIEW AND APPROVAL.— Deadlines.
(1) IN GENERAL.—The Secretary shall—
(A) not later than 30 days after receiving a project Records. proposal, provide a copy of
the proposal to other Federal officials, as appropriate; and
(B) review each project proposal in a timely mannerto 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 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 ofeach country in which the project is to

be conducted;
(B) after taking into consideration any commentsresulting from the consultation, approve
or disapprove the
project proposal; and Notification.
(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.
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 Treasuryfor 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 theFund 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,
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 themarket 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 groupis open to the public; and
(B) provide, at each meeting, an opportunity forinterested 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 avail able 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.
118 STAT. 796 PUBLIC LAW 108–266—JULY 2, 2004
Deadline. SEC. 8. REPORT TO CONGRESS.

16 USC 6607.
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.
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