§ 5304. — Rhinoceros and tiger 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: 16USC5304]
TITLE 16--CONSERVATION
CHAPTER 73--RHINOCEROS AND TIGER CONSERVATION
Sec. 5304. Rhinoceros and tiger conservation assistance
(a) In general
The Secretary, subject to the availability of appropriations and in
consultation with the Administrator, shall use amounts in the Fund to
provide financial assistance for projects for the conservation of
rhinoceros and tigers.
(b) Project proposal
A country whose activities directly or indirectly affect rhinoceros
or tiger populations, the CITES Secretariat, or any other person may
submit to the Secretary a project proposal under this section. Each
proposal shall--
(1) name the individual responsible for conducting the project;
(2) state the purposes of the project succinctly;
(3) describe the qualifications of the individuals who will
conduct the project;
(4) estimate the funds and time required to complete the
project;
(5) provide 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; and
(6) provide 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
Within 30 days of 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. 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 approve or disapprove the proposal and provide
written notification to the person who submitted the proposal, to the
Administrator, and to each country within which the project is to be
conducted.
(d) Criteria for approval
The Secretary may approve a project under this section if the
project will enhance programs for conservation of rhinoceros or tigers
by assisting efforts to--
(1) implement conservation programs;
(2) 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 rhinoceros or tigers or the use of rhinoceros or
tiger habitat; or
(3) develop sound scientific information on that species'
habitat condition and carrying capacity, total numbers and
population trends, or annual reproduction and mortality.
(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 conservation
programs to ensure effective long-term conservation of rhinoceros and
tigers.
(f) Project reporting
Each person that 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 requested by the Secretary, after consulting
with the Administrator, for evaluating the progress and success of the
project.
(Pub. L. 103-391, Sec. 5, Oct. 22, 1994, 108 Stat. 4095; Pub. L. 107-
112, Sec. 5, Jan. 8, 2002, 115 Stat. 2098.)
Amendments
2002--Subsec. (e). Pub. L. 107-112 amended heading and text
generally. Prior to amendment, text read as follows: ``To the maximum
extent practical, the Secretary should give consideration to projects
which will enhance sustainable development programs to ensure effective,
long-term conservation of rhinoceros and tigers.''
Section Referred to in Other Sections
This section is referred to in sections 4246, 5305 of this title.
