Home > 106th Congressional Bills > H.R. 4321 (ih) To amend the Sherman Act, the Clayton Act, and the Packers and Stockyards Act, 1921 with respect of competition among wholesale purchasers; to establish a commission to review large agriculture mergers, concentration, and market power, and...

H.R. 4321 (ih) To amend the Sherman Act, the Clayton Act, and the Packers and Stockyards Act, 1921 with respect of competition among wholesale purchasers; to establish a commission to review large agriculture mergers, concentration, and market power, and...

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                                                       Calendar No. 921
  2d Session
                                H.R. 4320

                          [Report No. 106-472]



                             July 26, 2000

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

            October 3 (legislative day, September 22), 2000

       Reported by Mr. Smith of New Hampshire, without amendment


                                 AN ACT

To assist in the conservation of great apes by supporting and providing 
 financial resources for the conservation programs of countries within 
   the range of great apes and projects of persons with demonstrated 
              expertise in the conservation of great apes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,


    This Act may be cited as the ``Great Ape Conservation Act of 


    (a) Findings.--Congress finds that--
            (1) great ape populations have declined to the point that 
        the long-term survival of the species in the wild is in serious 
            (2) the chimpanzee, gorilla, bonobo, orangutan, and gibbon 
        are listed as endangered species under section 4 of the 
        Endangered Species Act of 1973 (16 U.S.C. 1533) and under 
        Appendix I of the Convention on International Trade in 
        Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 
            (3) because the challenges facing the conservation of great 
        apes are so immense, the resources available to date have not 
        been sufficient to cope with the continued loss of habitat due 
        to human encroachment and logging and the consequent diminution 
        of great ape populations;
            (4) because great apes are flagship species for the 
        conservation of the tropical forest habitats in which they are 
        found, conservation of great apes provides benefits to numerous 
        other species of wildlife, including many other endangered 
            (5) among the threats to great apes, in addition to habitat 
        loss, are population fragmentation, hunting for the bushmeat 
        trade, live capture, and exposure to emerging or introduced 
            (6) great apes are important components of the ecosystems 
        they inhabit, and studies of their wild populations have 
        provided important biological insights;
            (7) although subsistence hunting of tropical forest animals 
        has occurred for hundreds of years at a sustainable level, the 
        tremendous increase in the commercial trade of tropical forest 
        species is detrimental to the future of these species; and
            (8) the reduction, removal, or other effective addressing 
        of the threats to the long-term viability of populations of 
        great apes in the wild will require the joint commitment and 
        effort of countries that have within their boundaries any part 
        of the range of great apes, the United States and other 
        countries, and the private sector.
    (b) Purposes.--The purposes of this Act are--
            (1) to sustain viable populations of great apes in the 
        wild; and
            (2) to assist in the conservation and protection of great 
        apes by supporting conservation programs of countries in which 
        populations of great apes are located and by supporting the 
        CITES Secretariat.


    In this Act:
            (1) 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.
            (2) Conservation.--The term ``conservation''--
                    (A) means the use of methods and procedures 
                necessary to prevent the diminution of, and to sustain 
                viable populations of, a species; and
                    (B) includes all activities associated with 
                wildlife management, such as--
                            (i) conservation, protection, restoration, 
                        acquisition, and management of habitat;
                            (ii) in-situ research and monitoring of 
                        populations and habitats;
                            (iii) assistance in the development, 
                        implementation, and improvement of management 
                        plans for managed habitat ranges;
                            (iv) enforcement and implementation of 
                            (v) enforcement and implementation of 
                        domestic laws relating to resource management;
                            (vi) development and operation of 
                        sanctuaries for members of a species rescued 
                        from the illegal trade in live animals;
                            (vii) training of local law enforcement 
                        officials in the interdiction and prevention of 
                        the illegal killing of great apes;
                            (viii) programs for the rehabilitation of 
                        members of a species in the wild and release of 
                        the members into the wild in ways which do not 
                        threaten existing wildlife populations by 
                        causing displacement or the introduction of 
                            (ix) conflict resolution initiatives;
                            (x) community outreach and education; and
                            (xi) strengthening the capacity of local 
                        communities to implement conservation programs.
            (3) Fund.--The term ``Fund'' means the Great Ape 
        Conservation Fund established by section 5.
            (4) Great ape.--The term ``great ape'' means a chimpanzee, 
        gorilla, bonobo, orangutan, or gibbon.
            (5) Multinational species conservation fund.--The term 
        ``Multinational Species Conservation Fund'' means such fund as 
        established in title I of the Department of the Interior and 
        Related Agencies Appropriations Act, 1999, under the heading 
        ``multinational species conservation fund''.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.


    (a) In General.--Subject to the availability of funds and in 
consultation with other appropriate Federal officials, the Secretary 
shall use amounts in the Fund to provide financial assistance for 
projects for the conservation of great apes 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 great apes may be submitted to the Secretary 
                    (A) any wildlife management authority of a country 
                that has within its boundaries any part of the range of 
                a great ape if the activities of the authority directly 
                or indirectly affect a great ape population;
                    (B) the CITES Secretariat; or
                    (C) any person or group with the demonstrated 
                expertise required for the conservation of great apes.
            (2) Required elements.--A project proposal shall include--
                    (A) a concise statement of the purposes of the 
                    (B) the name of the individual responsible for 
                conducting the project;
                    (C) a description of the qualifications of the 
                individuals who will conduct the project;
                    (D) a concise description of--
                            (i) methods for project implementation and 
                        outcome assessment;
                            (ii) staff and community management for the 
                        project; and
                            (iii) the logistics of the project;
                    (E) an estimate of the funds and time required to 
                complete the project;
                    (F) evidence of support for the project by 
                appropriate governmental entities of the countries in 
                which the project will be conducted, if the Secretary 
                determines that such support is required for the 
                success of the project;
                    (G) information regarding the source and amount of 
                matching funding available for the project; and
                    (H) 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 appropriate Federal officials; and
                    (B) review each project proposal in a timely manner 
                to determine if 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 appropriate Federal officials, 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 proposal; and
                    (C) provide written notification of the approval or 
                disapproval to the person who submitted the proposal, 
                other appropriate 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 enhance programs for 
conservation of great apes by assisting efforts to--
            (1) implement conservation programs;
            (2) address the conflicts between humans and great apes 
        that arise from competition for the same habitat;
            (3) enhance compliance with CITES and other applicable laws 
        that prohibit or regulate the taking or trade of great apes or 
        regulate the use and management of great ape habitat;
            (4) develop sound scientific information on, or methods for 
                    (A) the condition and health of great ape habitat;
                    (B) great ape population numbers and trends; or
                    (C) the current and projected threats to the 
                habitat, current and projected numbers, or current and 
                projected trends; or
            (5) promote cooperative projects on the issues described in 
        paragraph (4) among government entities, affected local 
        communities, nongovernmental organizations, or other persons in 
        the private sector.
    (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 great apes and 
their 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 considers 
        necessary) that include all information that the Secretary, 
        after consultation with other appropriate 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.
    (h) Limitations on Use for Captive Breeding.--Amounts provided as a 
grant under this Act--
            (1) may not be used for captive breeding of great apes 
        other than for captive breeding for release into the wild; and
            (2) may be used for captive breeding of a species for 
        release into the wild only if no other conservation method for 
        the species is biologically feasible.
    (i) Panel.--Every 2 years, the Secretary shall convene a panel of 
experts to identify the greatest needs for the conservation of great 


    (a) Establishment.--There is established in the Multinational 
Species Conservation Fund a separate account to be known as the ``Great 
Ape 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), upon 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 
        provide assistance under section 4.
            (2) Administrative expenses.--Of the amounts in the account 
        available for each fiscal year, the Secretary may expand not 
        more than 3 percent, or up to $80,000, whichever is greater, to 
        pay the administrative expenses necessary to carry out this 
    (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 
            (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.

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