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 Purpose
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;
to conserve the ecosystems of those plant species; and
to 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—
plant populations;
plant ecosystems;
annual plant 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(a).
Pacific Islands— The term “Pacific Islands” means—
the Hawaiian Islands; and
the United States territories of—
Guam;
American Samoa; and
the Commonwealth of the Northern Mariana Islands.
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 the Interior shall provide competitive financial assistance, including multiyear grants, for projects for the conservation of plant species on the Pacific Islands and for which a project proposal is approved by the Secretary under subsection (c).
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—
In general— A Federal agency may be included as a partner or a collaborator on a project that receives funding under this section.
Prohibition— A Federal agency may not—
be a lead entity on a project that receives funding under this section; or
receive funding for a project under this section.
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 carry out 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 of the project;
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, Indian 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 any matching funding available for the project; and
such other information as the Secretary may require.
Project review and approval—
In general— The Secretary shall—
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 described in paragraph (3).
Consultation; approval or disapproval— Subject to the availability of funds, not later than 180 days after receiving a project proposal, the Secretary, after consulting with other Federal officials, as appropriate, shall—
consult with the government of the State or territory in which the project is to be carried out regarding the proposal; and
provide written notification of the approval or disapproval of the proposal to—
the individual or entity that submitted the project proposal;
other appropriate Federal officials; and
each State or territory 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 determining whether to approve a project proposal under this section, the Secretary shall give the highest priority to projects that conserve species listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
Preferences— In determining whether to approve a project proposal under this section, the Secretary, to the maximum extent practicable, shall give preference to—
conservation projects that are designed to ensure effective, long-term conservation of plants and plant ecosystems; and
projects for which matching funds are available.
Waiver— The Secretary may waive the application of subparagraphs (B) and (C) if the Secretary determines that the waiver is necessary to support a conservation project that the Secretary has identified as being of high priority.
Project reporting—
In general— Each individual or entity that receives assistance for a project under this section shall submit to the Secretary, at such intervals as the Secretary may require, periodic reports 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.
Availability to the public— Each report under paragraph (1) and any other document relating to a project 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 of the United States 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 207; 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— To pay the administrative expenses necessary to carry out this title in a fiscal year, the Secretary may expend from the Fund not more than the greater of—
3 percent of the amounts in the Fund that are available for the fiscal year; and
$80,000.
Investment of amounts—
In general— The Secretary of the Treasury shall invest the portion of the Fund that is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals.
Requirement— Investments under paragraph (1) may be made only in interest-bearing obligations of the United States.
Acquisition of obligations— For the purpose of investments under paragraph (1), obligations of the United States may be acquired—
on original issue at the issue price; or
by purchase of outstanding obligations at market price.
Sale of obligations— Any obligation of the United States 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— Not less frequently than monthly, the Secretary of the Treasury shall transfer from the general fund of the Treasury to the Fund the amounts required to be transferred to the Fund under this section on the basis of estimates made by the Secretary of the Treasury.
Adjustments— In carrying out paragraph (1), the Secretary of the Treasury shall make proper adjustments in amounts transferred to the Fund to the extent that prior estimates were in excess of or less than the amounts required to be transferred under this section.
Acceptance and use of donations—
In general— The Secretary may accept for the Government, and shall transfer to the Secretary of the Treasury for deposit into the Fund, a gift to provide assistance under section 204 of—
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; or
any 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 subsection when the rejection is in the interest of the Government, as determined by the Secretary.
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 Report to Congress
In general— Not later than January 31 of each year, the Secretary shall submit to Congress a report regarding the Fund and the status of threatened and endangered plant species on the Pacific Islands.
Requirements— Each report under subsection (a) shall include, for the year covered by the report, 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.
Sec. 207 Authorization of appropriations
There is authorized to be appropriated to the Fund $5,000,000 for each of fiscal years 2020 through 2025.