§ 4264. Asian elephant conservation assistance

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. 1997

   Asian Elephant Conservation Act of 1997

   Pub. L. 105–96 § 5 · 111 Stat. 2150

   Enacted · 16 U.S.C. § 4264

   Pub. L. 105–96, § 5, Nov. 19, 1997, 111 Stat. 2151

   Source evidence

   Code source credit
   Pub. L. 105–96, § 5, Nov. 19, 1997, 111 Stat. 2151

   Enacted provision · exact public law section
   SEC. 5. 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 Act. (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 Kosai to the Administrator. The Secretary shall review each project proposal to determine if it meets the criteria set forth m subsection (d). (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 Act may not be used for captive breeding of Asian elephants other than for release in the wild.

2. 2007

   Asian Elephant Conservation Reauthorization Act of 2007

   Pub. L. 110–133 § 2(a) · 121 Stat. 1362

   Substituted · 16 U.S.C. § 4264(c)(2)(C)

   Pub. L. 110–133 substituted “and the Administrator” for “, the Administrator, and each of those countries”

   Source evidence

   Code amendment note
   Subsec. (c)(2)(C). Pub. L. 110–133 substituted “and the Administrator” for “, the Administrator, and each of those countries”.

   Enacted provision · exact public law section
   (a) Notice of Approval of Project Proposal.— Section 5(c)(2)(C) of the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4264(c)(2)(C)) is amended by striking “, the Administrator, and each of those countries” and inserting “and the Administrator”.

3. 2024

   Pub. L. 118–159 div. E title LIII § 5304(a) · 138 Stat. 2445

   Added · 16 U.S.C. § 4264(i)

   Pub. L. 118–159 added subsec. (i)

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

   Source evidence

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

2 of 3 references resolved to an enrolled provision · 1 unresolved