[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4320 Enrolled Bill (ENR)]

        H.R.4320

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 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.
        (2) Adjustments.--Proper adjustment shall be made in amounts 
    subsequently transferred to the extent prior estimates were in 
    excess of or less than the amounts required to be transferred.
    (e) Acceptance and Use of Donations.--The Secretary may accept and 
use donations to provide assistance under section 4. Amounts received 
by the Secretary in the form of donations shall be transferred to the 
Secretary of the Treasury for deposit into the Fund.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Fund $5,000,000 for 
each of fiscal years 2001 through 2005.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.