§ 4264. — Asian elephant conservation assistance.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC4264]
TITLE 16--CONSERVATION
CHAPTER 62A--ASIAN ELEPHANT CONSERVATION
Sec. 4264. 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.
(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.
(Pub. L. 105-96, Sec. 5, Nov. 19, 1997, 111 Stat. 2151.)
Section Referred to in Other Sections
This section is referred to in sections 4246, 4265 of this title.
