Sec. 201 Short title
This title may be cited as the “Pacific Islands Plant Conservation Fund Act of 2019”.
Title II — Pacific Islands Plant Conservation Fund Act of 2019
II Pacific Islands Plant Conservation Fund Act of 2019
Sec. 202 Purposes
The purpose of this title is to assist in the conservation of threatened and endangered plant species in the Hawaiian Islands and the Pacific Island Territories of the United States by supporting and providing financial resources for projects to conserve plant species, their ecosystems, and address other threats to the survival of those plant species.
Sec. 203 Definitions
In this title:
Conservation— The term “conservation” means the use of all methods and procedures necessary to protect plants in the Pacific Islands including—
protection, restoration, and management of ecosystems;
onsite research and monitoring of populations, ecosystems, annual reproduction, and plant population trends;
assistance in the development, implementation, and improvement of management plans;
enforcement and implementation of applicable conservation laws; and
community outreach and education.
Fund— The term “Fund” means the Pacific Islands Plant Conservation Fund established by section 205.
Pacific Islands— The term “Pacific Islands” means the Hawaiian islands and the United States territories of Guam, American Samoa, and the Northern Mariana Islands.
Secretary— The term “Secretary” means the Secretary of the Interior.
Sec. 204 Pacific Islands plant conservation assistance
Assistance—
In general— Subject to the availability of funds and in consultation with other Federal officials, the Secretary of Interior shall provide competitive financial assistance, including multiyear grants, for projects for the conservation of plant species on the Pacific Islands for which project proposals are approved by the Secretary in accordance with this section.
Use of existing authorities— Assistance provided under this section shall be carried out in a manner consistent with authorities available to the Secretary under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
Project proposals—
Eligible applicants— A project proposal may be submitted to the Secretary under this section by—
a relevant State, territory, or Tribal agency with the research expertise required for the conservation of plant species on the Pacific Islands; and
any other individual or entity, as determined appropriate by the Secretary, with the expertise required for the conservation of plant species on the Pacific Islands.
Federal partnership opportunities— A Federal agency may not be a lead entity or receive funding for a project under this section, but may be included as a partner or collaborator on a project that receives such funding.
Required elements— A project proposal shall include—
a statement of the purposes of the project;
the name of the entity or individual with overall responsibility for the project;
a description of—
the qualifications of the entity or individuals that will conduct the project;
methods for project implementation and outcome assessment;
staffing and stakeholder engagement for the project;
the logistics of the project, including cost estimates and timelines;
anticipated outcomes;
mechanisms to ensure adequate local public participation in project development and implementation; and
how the project will promote sustainable, effective, long-term programs to conserve plant populations on the Pacific Islands;
demonstrated sensitivity to local historic and cultural resources and compliance with applicable laws;
assurances that the project will be implemented in consultation with relevant wildlife management authorities, Tribes, and other appropriate government officials;
information that demonstrates the clear potential of the project to contribute to the conservation of threatened and endangered plant species on the Pacific Islands;
information regarding the source and amount of matching funding available for the project; and
such other information as the Secretary may require.
Project review and approval—
In general— The Secretary shall annually—
not later than 30 days after receiving a project proposal, provide a copy of the proposal to other Federal officials, as appropriate; and
review each project proposal in a timely manner to determine whether the proposal meets the criteria specified in subsection (d).
Consultation; approval or disapproval— Subject to the availability of funds, the Secretary shall, with respect to each project proposal submitted under this section, and after consulting with other Federal officials, as appropriate—
consult with respect to the proposal with the government of the State or territory in which such project is to be conducted; and
provide written notification of the approval or disapproval to the individual or entity that submitted the proposal, such other Federal officials, and each State described in subparagraph (A).
Criteria for approval—
In general— The Secretary may approve a project proposal under this section if the project will help recover and sustain viable populations of threatened and endangered plants by assisting efforts on the Pacific Islands to implement plant conservation programs.
Priority— In selecting projects for assistance, the Secretary shall give preference to projects that conserve threatened and endangered species protected by the Endangered Species Act (16 U.S.C. 1531 et. seq.).
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 plants and their ecosystems.
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.
Waiver— The Secretary may waive the application of paragraphs (2), (3), and (4) if the Secretary finds that such waiver is necessary to support a conservation project that the Secretary has identified as of high priority.
Project reporting—
In general— Each individual or entity 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 such project for the purposes of ensuring positive results, assessing problems, and fostering improvements.
Availability to the public— Reports under paragraph (1), and any other documents relating to projects for which financial assistance is provided under this title, shall be made available to the public in a timely manner.
Sec. 205 Pacific Islands Plant Conservation Fund
Establishment— There is established in the Treasury a separate account, to be known as the “Pacific Islands Plant Conservation Fund”, consisting of—
amounts transferred to the Secretary of the Treasury for deposit into the Fund under subsection (e);
amounts appropriated to the Fund under section 206; and
any interest earned on investment of amounts in the Fund under subsection (c).
Expenditures from fund—
In general— Subject to paragraph (2), at the request of 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 204.
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 title.
Investment of amounts—
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.
Acquisition of obligations— For the purpose of investments under paragraph (1), obligations may be acquired—
on original issue at the issue price; or
by purchase of outstanding obligations at market price.
Sale of obligations— Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at market price.
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.
Transfers of amounts—
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.
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.
Acceptance and use of donations—
In general— The Secretary may accept for the Government a gift of any of the following to provide assistance under section 204:
money;
an obligation of the Government included in the public debt made only on the condition that the obligation be canceled and retired and not reissued; and
other intangible personal property made only on the condition that the property is sold on the best terms available and the proceeds are deposited in the Fund.
Discretion to reject a gift— The Secretary may reject a gift under this section when the rejection is in the interest of the Government.
Taxes— If a gift received under this subsection is subject to a gift or inheritance tax, the Secretary may pay the tax out of the proceeds of the gift or the proceeds of the redemption or sale of the gift.
Sec. 206 Authorization of appropriations
There are authorized to appropriated to the Secretary $5,000,000 for each of fiscal years 2020 through 2025 to carry out this title.
Sec. 207 Report to Congress
The Secretary shall submit an annual report to Congress not later than January 31 of each year regarding the Fund and the status of threatened and endangered plant species on the Hawaiian Islands. Each such report shall include with respect to the year for which the report is submitted a description of—
the total amounts deposited into and expended from the Fund;
the costs associated with the administration of the Fund;
a summary of the projects for which the Secretary has provided assistance under section 204 and an evaluation of those projects; and
an evaluation of the status of threatened and endangered plant populations on the Pacific Islands.