118 STAT. 794 PUBLIC LAW 108–266—JULY 2, 2004 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 dis approval 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 marine turtles in the wild by assisting efforts in foreign countries to implement marine turtle conservation programs. (e) PROJECT SUSTAINABILITY.—To the maximum extent prac ticable, 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 conserva tion of marine turtles and their nesting habitats. (f) MATCHING FUNDS.—In determining whether to approve project proposals under this section, the Secretary shall give pref erence 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 consulta tion 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. MARINE TURTLE CONSERVATION FUND. (a) ESTABLISHMENT.—There is established in the Multinational Species Conservation Fund a separate account to be known as the ‘‘Marine Turtle 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, 16 USC 6604. Notification.
�
