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Calendar No. 921
106th CONGRESS
2d Session
H.R. 4320
[Report No. 106-472]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Ape Conservation Act of
2000''.
SEC. 2. FINDINGS AND PURPOSES.
(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
jeopardy;
(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
8249);
(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
species;
(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
diseases;
(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.
SEC. 3. DEFINITIONS.
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
CITES;
(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
disease;
(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.
SEC. 4. GREAT APE CONSERVATION ASSISTANCE.
(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
by--
(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
project;
(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
monitoring--
(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
apes.
SEC. 5. GREAT APE CONSERVATION FUND.
(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
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.
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