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Title 16 — Conservation

Chapter 62 — African Elephant Conservation

§ 4211. Provision of assistance

Statutory text

(a)

In general

The Secretary may provide financial assistance under this subchapter from the Fund for approved projects for research, conservation, management, or protection of African elephants.

(b)

Project proposal

Any African government agency responsible for African elephant conservation and protection, the CITES Secretariat, and any organization or individual with experience in African elephant conservation may submit to the Secretary a project proposal under this section. Each such proposal shall contain—

(1)

the name of the person responsible for conducting the project;

(2)

a succinct statement of the need for and purposes of the project;

(3)

a description of the qualifications of the individuals who will be conducting the project;

(4)

an estimate of the funds and time required to complete the project;

(5)

evidence of support of the project by governmental entities of countries within which the project will be conducted, if such support may be important for the success of the project; and

(6)

any other information the Secretary considers to be necessary or appropriate for evaluating the eligibility of the project for funding under this chapter.

(c)

Project review and approval

The Secretary shall review each project proposal to determine if it meets the criteria set forth in subsection (d) and otherwise merits assistance under this chapter. Not later than six months after receiving a project proposal, and subject to the availability of funds, the Secretary shall approve or disapprove the proposal and provide written notification to the person who submitted the proposal.

(d)

Criteria for approval

The Secretary may approve a project under this section if the project will enhance programs for African elephant research, conservation, management, or protection by—

(1)

developing in a usable form sound scientific information on African elephant habitat condition and carrying capacity, total elephant numbers and population trends, or annual reproduction and mortality; or

(2)

assisting efforts—

(A)

to ensure that any taking of African elephants in the country is effectively controlled and monitored;

(B)

to implement conservation programs to provide for healthy, sustainable African elephant populations; or

(C)

to enhance compliance with the CITES Ivory Control System.

(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 that will enhance sustainable conservation programs to ensure effective long-term conservation of African elephants.

(f)

Project reporting

Each entity that receives assistance under this section shall provide such periodic reports to the Director of the United States Fish and Wildlife Service as the Director considers relevant and appropriate. Each report shall include all information requested by the Director for evaluating the progress and success of the project.

(g)

Multiyear grants

(1)

Authorization

The Secretary may award to a person who is otherwise eligible for a grant under this section a multiyear grant of up to 5 years to carry out a project that the person demonstrates is an effective, long-term conservation strategy for African elephants and the habitat of African elephants.

(2)

Effect

Nothing in this subsection precludes the Secretary from awarding a grant on an annual basis.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. African Elephant Conservation Act

    Pub. L. 100–478 title II § 2101 · 102 Stat. 2306

    Enacted · 16 U.S.C. § 4211

    Pub. L. 100–478, title II, § 2101, Oct. 7, 1988, 102 Stat. 2316

    Source evidence

    Code source credit
    Pub. L. 100–478, title II, § 2101, Oct. 7, 1988, 102 Stat. 2316

    Enacted provision · exact public law section
    SEC. 2101. PROVISION OF ASSISTANCE. (a) In General.— The Secretary may provide financial assistance under this part from the African Elephant Conservation Fund for approved projects for research, conservation, management, or protection of African elephants. (b) Project Proposal.— Any African government agency responsible for African elephant conservation and protection, the CITES Secretariat, and any organization or individual with experience in African elephant conservation may submit to the Secretary a project proposal under this section. Each such proposal shall contain— (1) the name of the person responsible for conducting the project; (2) a succinct statement of the need for and purposes of the project; (3) a description of the qualifications of the individuals who will be conducting the project; (4) an estimate of the funds and time required to complete the project; (5) evidence of support of the project by governmental entities of countries within which the project will be conducted, if such support may be important for the success of the project; and (6) any other information the Secretary considers to be necessary or appropriate for evaluating the eligibility of the project for funding under this title. (c) Project Review and Approval.— The Secretary shall review each project proposal to determine if it meets the criteria set forth in subsection (d) and otherwise merits assistance under this title. Not later than six months after receiving a project proposal, and subject to the availability of funds, the Secretary shall approve or disapprove the proposal and provide written notification to the person who submitted the proposal and to each country within which the project is proposed to be conducted. (d) Criteria for Approval.— The Secretary may approve a project under this section if the project will enhance programs for African elephant research, conservation, management, or protection by— (1) developing in a usable form sound scientific information on African elephant habitat condition and carrying capacity, total elephant numbers and population trends, or annual reproduction and mortality; or (2) assisting efforts— (A) to ensure that any taking of African elephants in the country is effectively controlled and monitored; (B) to implement conservation programs to provide for healthy, sustainable African elephant populations; or (C) to enhance compliance with the CITES Ivory Control Ivory. System. (e) Project Reporting.— Each entity that receives assistance under this section shall provide such periodic reports to the Director of the United States Fish and Wildlife Service as the Director considers relevant and appropriate. Each report shall include all information requested by the Director for evaluating the progress and success of the project.

  2. Pub. L. 107–111 § 6(a)(1) · 115 Stat. 2095

    Struck · 16 U.S.C. § 4211(a)

    Pub. L. 107–111, § 6(a)(1), struck out “African Elephant Conservation” before “Fund”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–111, § 6(a)(1), struck out “African Elephant Conservation” before “Fund”.

    Enacted provision · exact public law section
    (1) Section 2101(a) (16 U.S.C. 4211(a)) is amended by striking “African Elephant Conservation”.

  3. Pub. L. 107–111 § 5 · 115 Stat. 2095

    1. Added · 16 U.S.C. § 4211(e); 16 U.S.C. § 4211(f)

      Pub. L. 107–111, § 5, added subsec. (e)

    2. Redesignated · 16 U.S.C. § 4211(e); 16 U.S.C. § 4211(f)

      Pub. L. 107–111, § 5, redesignated former subsec. (e) as (f)

    Source evidence

    Code amendment note
    Subsecs. (e), (f). Pub. L. 107–111, § 5, added subsec. (e) and redesignated former subsec. (e) as (f).

    Enacted provision · exact public law section
    SEC. 5. PROJECT SUSTAINABILITY. Section 2101 of the African Elephant Conservation Act (16 U.S.C. 4211) is amended by redesignating subsection (e) as subsection (f), and by inserting after subsection (d) the following; “(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 that will enhance sustainable conservation programs to ensure effective long-term conservation of African elephants.”.

  4. Multinational Species Conservation Funds Reauthorization Act of 2007

    Pub. L. 110–132 § 2(a) · 121 Stat. 1360

    Struck · 16 U.S.C. § 4211(c)

    Pub. L. 110–132, struck out “and to each country within which the project is proposed to be conducted” before period at end in second sentence

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 110–132, struck out “and to each country within which the project is proposed to be conducted” before period at end in second sentence.

    Enacted provision · exact public law section
    (a) Notice of Approval of Project Proposal.— Section 2101(c) of the African Elephant Conservation Act (16 U.S.C. 4211(c)) is amended by striking “and to each country within which the project is proposed to be conducted”.

  5. Pub. L. 118–159 div. E title LIII § 5303(a) · 138 Stat. 2445

    Added · 16 U.S.C. § 4211(g)

    Pub. L. 118–159 added subsec. (g)

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 118–159 added subsec. (g).

5 of 6 references resolved to an enrolled provision · 1 unresolved

Editorial Notes

Amendments2002–2024 · 3 rounds

2024

Subsec. (g). Pub. L. 118–159 added subsec. (g).

2007

Subsec. (c). Pub. L. 110–132, struck out “and to each country within which the project is proposed to be conducted” before period at end in second sentence.

2002

Subsec. (a). Pub. L. 107–111, § 6(a)(1), struck out “African Elephant Conservation” before “Fund”.

Subsecs. (e), (f). Pub. L. 107–111, § 5, added subsec. (e) and redesignated former subsec. (e) as (f).

Credits

1988–2024 · 4 acts
  1. 1988Pub. L. 100–478, title II, § 2101, , 102 Stat. 2316
  2. 2002Pub. L. 107–111, §§ 5, 6(a)(1), , 115 Stat. 2096
  3. 2007Pub. L. 110–132, § 2(a), , 121 Stat. 1360
  4. 2024Pub. L. 118–159, div. E, title LIII, § 5303(a), , 138 Stat. 2445.
Show as published

(Pub. L. 100–478, title II, § 2101, , 102 Stat. 2316; Pub. L. 107–111, §§ 5, 6(a)(1), , 115 Stat. 2096; Pub. L. 110–132, § 2(a), , 121 Stat. 1360; Pub. L. 118–159, div. E, title LIII, § 5303(a), , 138 Stat. 2445.)

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