text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Flagship Species Conservation Act of 
  2004''.
  
  SEC. 2. FINDINGS AND PURPOSE.
  
      (a) Findings.--The Congress finds the following:
              (1) Numerous species of fauna have continued to decline to 
          the point that the long-term survival of those species in the 
          wild is in serious jeopardy.
              (2) Many of those species are listed under section 4 of the 
          Endangered Species Act of 1973 (16 U.S.C. 1533) or in Appendix 
          I or II of the Convention on International Trade in Endangered 
          Species of Wild Fauna and Flora.
              (3) There are insufficient resources available for 
          addressing the threats facing those species, which will require 
          the joint commitment and effort of countries within the range 
          of those species, the United States and other countries, and 
          the private sector.
              (4) The grant programs established by the Congress for 
          tigers, rhinoceroses, Asian elephants, African elephants, great 
          apes, neotropical migratory birds, and marine turtles have 
          proven to be extremely successful, provide Federal funds for 
          conservation projects in an efficient and expeditious manner, 
          and encourage additional support for conservation in countries 
          where those species exist in the wild.
              (5) A new grant program modeled on the existing programs 
          for tigers, rhinoceroses, elephants, great apes, neotropical 
          migratory birds, and marine turtles would provide an effective 
          means to assist in the conservation of flagship species for 
          which there are no existing grant programs.
      (b) Purpose.--The purpose of this Act is to conserve flagship 
  species of fauna throughout the world, and the ecosystems on which 
  those species depend, by supporting the conservation programs for those 
  species and the CITES Secretariat, promoting partnerships between the 
  public and private sectors, and providing financial resources for those 
  programs and partnerships.
  
  SEC. 3. DEFINITIONS.
  
      In this Act:
              (1) Account.--The term ``Fund'' means the Flagship Species 
          Conservation Fund established by section 5.
              (2) CITES.--The term ``CITES'' means the Convention on 
          International Trade in Endangered Species of Wild Fauna and 
          Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 
          8249), including its appendices and amendments.
              (3) Conservation.--The term ``conservation'' means the use 
          of methods and procedures necessary to bring a flagship species 
          to the point at which there are sufficient populations in the 
          wild to ensure that the species does not become extinct, 
          including--
                      (A) protection and management of populations of a 
                  flagship species;
                      (B) maintenance, management, protection, and 
                  restoration of habitat of a flagship species;
                      (C) research and monitoring;
                      (D) law enforcement; and
                      (E) community outreach and education.
              (4) Fish or wildlife.--The term ``fish or wildlife'' means 
          any mammal, fish, bird, or reptile.
              (5) Flagship species.--The term ``flagship species''--
                      (A) subject to subparagraph (B), means a species of 
                  fish or wildlife--
                              (i) that is listed as an endangered species 
                          or threatened species under section 4 of the 
                          Endangered Species Act of 1973 (16 U.S.C. 1533) 
                          or that is listed in Appendix I or II of CITES;
                              (ii) whose range is wholly outside of the 
                          United States; and
                              (iii) that appeals to the public and has 
                          other features that make it suitable for 
                          communicating conservation concerns; and
                      (B) does not include African elephants, Asian 
                  elephants, rhinoceros, tigers, great apes, neotropical 
                  migratory birds, and marine turtles.
              (6) 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).
              (7) Secretary.--The term ``Secretary'' means the Secretary 
          of the Interior.
  
  SEC. 4. FLAGSHIP SPECIES CONSERVATION ASSISTANCE.
  
      (a) In General.--Subject to the availability of funds, the 
  Secretary shall use amounts in the Fund to provide financial assistance 
  for projects for the conservation of that flagship species throughout 
  the world, 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 a flagship species may be submitted to the 
          Secretary by--
                      (A) any relevant wildlife management authority of a 
                  country that has within its boundaries any part of the 
                  range of a flagship species, if the agency has 
                  authority over fish or wildlife and the activities of 
                  the agency directly or indirectly affect the species;
                      (B) the CITES Secretariat; or
                      (C) any person with demonstrated expertise in the 
                  conservation of that flagship species.
              (2) Required information.--A project proposal shall 
          include--
                      (A) the name of the individual with primary 
                  responsibility for conducting the project;
                      (B) a succinct statement of--
                              (i) the purposes of the project and the 
                          methodology for implementing the project, 
                          including an assessment of the status of the 
                          flagship species that is the subject of the 
                          project; and
                              (ii) how the project will benefit that 
                          species and other species that reside within 
                          the same habitat;
                      (C) a description of the qualifications of the 
                  individuals who will conduct the project;
                      (D) an estimate of the funds and time required to 
                  complete the project;
                      (E) evidence of support for the project by 
                  appropriate governmental entities of countries in which 
                  the project will be conducted, if the Secretary 
                  determines that such support is required for the 
                  success of the project;
                      (F) information regarding the source and amount of 
                  matching funds available for the project; and
                      (G) 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 flagship species in the wild by assisting 
  efforts in foreign countries to implement flagship species 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 flagship 
  species 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.
  
  SEC. 5. FLAGSHIP SPECIES CONSERVATION FUND.
  
      (a) Establishment.--There is established in the Multinational 
  Species Conservation Fund a separate account to be known as the 
  ``Flagship Species 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.
  
  SEC. 6. ADVISORY GROUP.
  
      (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 flagship species.
      (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.
  
  SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
  
      There is authorized to be appropriated to the Fund $10,000,000 for 
  each of fiscal years 2005 through 2007.
  
  SEC. 8. REPORT TO CONGRESS.
  
      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--
              (1) recommendations concerning how this Act might be 
          improved, including guidelines for determining species that are 
          flagship species; and
              (2) recommendations concerning whether the Fund should be 
          continued in the future.
target: Flagship Species Conservation Act of 2004 - Requires the Secretary of the Interior to use amounts in the Multinational Species Conservation Fund (Fund) to provide conservation assistance for flagship species of fish or wildlife where project proposals for such conservation are approved by the Secretary in accordance with this Act.
  
  Identifies eligible applicants and sets forth requirements for project proposals. Authorizes the Secretary to approve a project proposal if it will help recover and sustain viable populations of flagship species in the wild by assisting efforts in foreign countries to implement flagship species conservation programs.
  
  Establishes in the Fund a separate account to be known as the Flagship Species Conservation Fund to fund approved flagship species conservation projects.
  
  Authorizes the Secretary to convene an advisory group to assist in carrying out this Act.
feat_title: To assist in the conservation of flagship species throughout the world.