| Home > 106th Congressional Public Laws > Pub.L. 106-412 To authorize the exchange of land between the <> Secretary of the Interior and the Director of Central Intelligence at the George Washington Memorial Parkway in McLean, Virginia, and for other purposes. %%F...
Pub.L. 106-412 To authorize the exchange of land between the <> Secretary of the Interior and the Director of Central Intelligence at the George Washington Memorial Parkway in McLean, Virginia, and for other purposes. %%F...
[[Page 114 STAT. 1789]]
Public Law 106-411
To assist in the conservation of great <<NOTE: Nov. 1, 2000 - [H.R.
4320]>> 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
Be it enacted by the Senate and House of <<NOTE: Great Ape
Conservation Act of 2000.>> Representatives of the United States of
America in Congress assembled,
SECTION 1. <<NOTE: 16 USC 6301 note.>> SHORT TITLE.
This Act may be cited as the ``Great Ape Conservation Act of 2000''.
SEC. 2. <<NOTE: 16 USC 6301.>> 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
(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
[[Page 114 STAT. 1790]]
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;
(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
SEC. 3. <<NOTE: 16 USC 6302.>> 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
[[Page 114 STAT. 1791]]
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. <<NOTE: 16 USC 6303.>> 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
(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
(ii) staff and community management for the
(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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> disapproval.--Not later than 180 days
after receiving a project proposal, and subject
[[Page 114 STAT. 1792]]
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
(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
[[Page 114 STAT. 1793]]
(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
SEC. 5. <<NOTE: 16 USC 6304.>> 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
(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.--
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