[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3378 Enrolled Bill (ENR)]
H.R.3378
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
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,

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This Act may be cited as the ``Marine Turtle Conservation Act of
2004''.

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(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--
(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.

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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 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.

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(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 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.

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(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, 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.

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(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.

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

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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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Marine Turtle Conservation Act of 2004 — HR. 3378

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