[Congressional Record (Bound Edition), Volume 146 (2000), Part 11]
[House]
[Pages 16229-16231]
[From the U.S. Government Publishing Office, www.gpo.gov]



                   GREAT APE CONSERVATION ACT OF 2000

  Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4320) 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, 
as amended.
  The Clerk read as follows:

                               H.R. 4320

       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

[[Page 16230]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Hansen) and the gentleman from California (Mr. George Miller) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Utah (Mr. Hansen).
  Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 4320.
  Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such 
time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 4320.
  The magnitude of the crisis facing the great apes is quite alarming. 
Populations of chimpanzees, gorillas, bonobos, and orangutans in Africa 
and Asia are disappearing at a record pace, and scientists have warned 
they could become extinct in the wild within the next twenty years.
  A broad range of actions will be needed to conserve and recover great 
ape populations in

[[Page 16231]]

Africa and Asia. Logging companies must halt the flow of illegal 
bushmeat from their operations. Long term support for protected areas, 
national parks, and buffer zones must be secured to protect habitat and 
wildlife. Law enforcement capacity to enable countries to enforce 
wildlife protection laws must be developed to prevent poaching. 
Finally, efforts must be undertaken to help rural populations develop 
alternative sources of protein that will reduce the demand for 
bushmeat.
  While it is a formidable task, we cannot let the desperate straights 
of the great apes immobilize us. We must do what we can as quickly as 
possible. H.R. 4320 bill is a good step in the direction and will 
hopefully inspire a broad scale effort to restore ape populations 
worldwide.
  Modeled after the successful and widely supported African and Asian 
Elephant Conservation Acts, the Great Ape Conservation Act would 
authorize the Secretary to provide up to $5 million a year in grants to 
local wildlife management authorities and other entities in the ranges 
states to conserve and rebuild great ape populations. This is important 
because without the cooperation and commitment of the range states and 
the local communities, conservation efforts cannot be successful.
  H.R. 4320 is supported by the Administration and a broad range of 
interest groups, and I hope Members can support its passage today.
  Mr. SAXTON. Mr. Speaker, I rise in strong support of H.R. 4320, the 
Great Ape Conservation Act, and I compliment the author.
  Today, great apes face multiple threats to their very survival. These 
include habitat destruction, civil wars, and an explosion in the 
devastating illegal hunting of apes for the commercial enterprise known 
as bushmeat trade. Unless immediate steps are taken, these magnificent 
animals will continue their slide toward extinction. We must not allow 
that to occur.
  This legislation would continue the successful partnership 
established by the African Elephant Conservation Act by creating the 
Great Ape Conservation Fund, which would make grant money available to 
assist range state governments and nongovernmental organizations 
involved in the front-line battles to protect great apes.
  These monies will complement established programs and, at the same 
time, leverage additional financial support from other organizations.
  Mr. Speaker, great apes--defined as gorillas, orangutans, 
chimpanzees, bonobos, and gibbons--are listed both as endangered under 
the Endangered Species Act and Appendix I under CITES. In fact, one 
subspecies of gorilla--the mountain gorilla--made famous by the movie, 
``Gorillas in the Mist,'' has been decimated to less than 700 animals, 
making it more endangered than the giant panda.
  These grand animals--with whom we share 98 percent of our genetic 
material--deserve our help.
  This bill is supported by the administration and by a diverse group 
of conservation leaders, including the American Zoo and Aquarium 
Association, World Wildlife Fund, Wildlife Conservation Society, and 
many other organizations.
  H.R. 4320 is noncontroversial and should be supported by all Members.
  I urge an ``aye'' vote on this important conservation legislation.
  Mr. GEORGE MILLER of California. Mr. Speaker, I have no further 
requests for time, and I yield back the balance of my time.
  Mr. HANSEN. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah (Mr. Hansen) that the House suspend the rules and 
pass the bill, H.R. 4320, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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