[House Report 106-792]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-792

======================================================================



 
                   GREAT APE CONSERVATION ACT OF 2000

                                _______
                                

 July 25, 2000.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4320]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred 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, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.

                          PURPOSE OF THE BILL

    The purpose of H.R. 4320 is 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 who demonstrated expertise 
in the conservation of great apes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The vast majority of endangered or threatened species 
throughout the world receive little, if any, U.S. funding. 
Currently, three U.S. grant programs exist (through the U.S. 
Fish and Wildlife Service) for in-situ conservation: the 
African Elephant, Asian Elephant, and Rhino and Tiger 
Conservation Acts and their related funds (commonly known as 
the Multinational Species Conservation Fund). In Fiscal Year 
2000, collectively, these programs received $2.4 million.
    Since the 1980s, the conservation of endangered and 
threatened species, and their critical habitat, has become an 
ever-increasing challenge that needs to be fought on multiple 
fronts. Numerous species are critically endangered in all parts 
of the world. The causes of their decline include ivory 
poaching in Africa and Asia; harmful farming practices in Asia, 
Africa and South America; and deforestation in the rainforests 
of South America, Africa and Asia, which is particularly 
dangerous for all species of primates. Protecting the world's 
most at-risk species now requires an around-the-clock, team-
oriented approach involving both on-the-ground activities in 
the range states, which encompass both government and 
nongovernmental organizations, and education programs at home 
and abroad.
    While the Convention on International Trade in Endangered 
and Threatened Species of Wild Fauna and Flora (CITES) and our 
federal Endangered Species Act (ESA) will continue to address 
harmful activities affecting wild populations of threatened and 
endangered species, sadly, many range states simply lack the 
financial resources to adequately protect these animals within 
their borders. It is, therefore, necessary for the United 
States and the international community to take a leadership 
role in trying to stop the disappearance of these irreplaceable 
flagship species, such as great apes. All great apes are listed 
endangered under the ESA and Appendix I under CITES.
    Great apes inhabit areas where their study and conservation 
is an enormous challenge. Once protected by the isolation of 
densely forested, and sometimes unexplored, habitat, great apes 
experience increased pressure from human populations invading 
and changing their world. Roads built by logging and mining 
companies give hunters and slash-and-burn agriculturalists 
access to once remote forests. Growing human populations demand 
more and more resources from the forest: land for cultivation; 
highly-prized tropical lumber species; diamonds and gold; and 
perhaps most menacingly for forest wildlife, the meat from wild 
animals known as bushmeat.
    While wildlife has been part of the diet of Africans and 
Asians for centuries, the bushmeat trade has evolved into a 
heavily commercialized business seriously threatening the 
future of great apes in the wild. For example, according to a 
recent study by the World Society for the Protection, an 
estimated 800 western lowland gorillas are killed annually for 
the bushmeat trade in just one small area of Cameroon. In many 
places where commercial bushmeat operations take place, the 
meat from apes is the most prized and fetches the highest 
prices (as opposed to forest elephants, antelopes and pigs), 
where some urban dwellers can afford to buy such luxury 
commodities as gorilla and chimpanzee. If current unsustainable 
rates of exploitation continue, the commercial bushmeat trade 
will decimate, if not eliminate, some of the most endangered 
species, especially great apes.
    From a biological perspective, forest wildlife productivity 
is very low compared to savannas and cannot sustain such 
protective demands from the bushmeat trade for growing human 
populations in West and Central Africa. Complicating the 
matter, apes are, by their biological nature, an extremely 
vulnerable species, have complex social grouping, low 
productive rates and grow relatively slowly. An example of the 
devastating effects of the bushmeat commercialization is the 
drastic decline in the chimpanzee populations (all three 
subspecies western, central and eastern). In 1960, more than 
one million chimpanzees populated the dense forests of Africa. 
Today, that number is less than 200,000.
    In fact, the populations of all the following great apes 
are suffering from the bushmeat trade and loss of habitat due 
to logging practices, agriculture expansion, human migration 
and mining:
          Orangutans--found only on the islands of Borneo and 
        Sumatra in Indonesia and Malaysia, number less than 
        30,000, which represents a decline of 30 to 50% in the 
        last decade;
          Bonobos--found only in a very small rainforest in the 
        Congo Basin, south of the Congo River, number less than 
        100,000, which represents a 50% decline in the 
        population over the last twenty years;
          Gorillas--representing three subspecies (mountain, 
        western lowland and eastern lowland) are located in 
        nine African countries. The mountain gorilla, perhaps 
        the most studied gorilla species (made famous by Diane 
        Fossey and the movie ``Gorillas in the Mist'') and with 
        only 620 known specimens, make it not only the most 
        threatened gorilla subspecies, but also one of the 
        rarest mammals on earth, more endangered than the giant 
        panda. The eastern lowland gorilla and western lowland 
        gorilla populations are less than 10,000 and 110,000 
        specimens, respectively.
    The Great Ape Conservation Act and its accompanying fund is 
modeled after the African and Asian Elephant and Rhino and 
Tiger Conservation Acts. The bill defines great apes as 
gorillas (Gorilla gorilla), orangutans (Pongo pygmaeus), 
chimpanzees (Pan troglodytes), bonobos (Pan paniscus) and 
gibbons (Hylobates sp.). Finally, the bill prohibits funds 
under the Act to be used for captive breeding of great apes 
other than for release into the wild.

                            COMMITTEE ACTION

    H.R. 4320 was introduced on April 13, 2000, by 
Representatives George Miller (D-CA). The bill was referred to 
the Committee on Resources, and within the Committee to the 
Subcommittee on Fisheries Conservation, Wildlife and Oceans. On 
June 20, 2000, the Subcommittee held a hearing on the bill. On 
June 29, 2000, the Subcommittee met to mark up the bill. 
Congressman George Miller offered an amendment in the nature of 
a substitute that clarified and strengthened the definition of 
conservation, streamlined the consultation process, clarified 
the role of captive breeding and the amount of funds to be used 
for administrative expenses, and included gibbons in the 
definition of great apes. It was adopted by voice vote. The 
bill was then ordered favorably reported to the Full Committee 
by voice vote. On July 19, 2000, the Full Resources Committee 
met to consider the bill. There were no further amendments and 
the bill was then ordered favorably reported to the House of 
Representatives by unanimous consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 4320.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. The Committee on Resources 
has requested such an estimate but had not received one at the 
time this bill report was filed. The Committee believes that 
the bill will have an insignificant effect on the federal 
budget.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, the 
Committee does not believe that this bill contains any new 
budget authority, spending authority, credit authority, or an 
increase or decrease in revenues or tax expenditures.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has not received a timely cost estimate 
for this bill from the Director of the Congressional Budget 
Office.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
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