[Senate Report 106-472]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 921
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-472

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



 
                   GREAT APE CONSERVATION ACT OF 2000

                                _______
                                

October 3 (legislative day, September 22), 2000.--Ordered to be printed

                                _______
                                

   Mr. Smith of New Hampshire, from the Committee on Environment and 
                 Public Works, 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 Environment and Public Works, to which 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, 
reports favorably thereon and recommends that the bill do pass.

                    General Statement and Background

Great Apes
    Great apes generally inhabit densely forested habitat 
primarily in Africa, Asia, or other rainforest locations. 
Biologically, they are extremely vulnerable species. Great apes 
have complex social groupings, low rates of reproduction, and 
slow rates of growth. Compounding their biological 
vulnerability, great apes have been impacted by increased 
pressure from human infringement on traditionally isolated 
areas. Growing human populations demand more and more resources 
from the forest: land for cultivation; high-prized tropical 
lumber species; diamonds and gold; and the meat from wild 
animals known as bushmeat.
    Hunting for commercial trade in bushmeat is greatly 
impacting populations of endangered and threatened wildlife, 
including great apes. Although wildlife has been a part of the 
diet of Africans and Asians for centuries, commercial trade in 
bushmeat has been on the increase. Construction of logging or 
mining roads increases access to the traditionally isolated 
areas where great apes live. As roads have opened up previously 
inaccessible tracts of forest, the trade in bushmeat has grown 
into a commercial enterprise. Bushmeat not only feeds the 
logging and mining camps, but is also transported to urban 
centers where gorilla and chimpanzee meat fetches prices two to 
six times the cost of beef or pork. While national laws 
generally prohibit the hunting of great apes, forestry and 
wildlife officials often lack the basic resources required for 
enforcement.
    The populations of the following apes are increasingly 
threatened by loss of habitat, as well as by the growing 
bushmeat trade:

      Chimpanzees--Approximately 200,000 Chimpanzees 
live in 21 African countries;
      Gorillas--Approximately 120,620 Gorillas live in 
nine African countries (mountain gorilla--620, eastern lowland 
gorilla--10,000, and western lowland gorilla--110,000);
      Bonobos--Approximately 10,000 Bonobos live 
exclusively in the Congo Basin of Africa;
      Orangutans--Approximately 30,000 Orangutans live 
in Borneo and Sumatra in Indonesian and Malaysia; and
      Gibbons--Approximately 79,000 Gibbons live in 
Southeast and South Asia.

    Over the past four decades, the population of chimpanzees 
has declined 80 percent. Over the past two decades, the 
population of Bonobos has declined 50 percent. Over the last 
decade, the population of Orangutans has declined 50 percent. 
Only 620 mountain gorillas exist. This figure makes the 
mountain gorilla the most threatened gorilla subspecies and one 
of the rarest mammals on earth, more endangered than the giant 
panda.
    Great apes are a flagship species for the conservation of 
the tropical forest habitats in which they are found. Many 
species are suffering or declining due to habitat loss or human 
infringement; working to conserve great apes also conserves the 
thousands of other species which depend on the same habitat. In 
addition, great apes play an important part in the forest's 
regeneration through the fruits and seeds they eat. Their 
disappearance could represent the loss of hundreds of species 
of plants, animals and insects within that ecosystem.
International and U.S. Law
    There are more than 30,000 species around the world that 
have been listed for protection under the Convention on 
International Trade in Endangered Species of Wild Fauna and 
Flora (CITES). CITES is an international wildlife treaty which 
entered into force July 1, 1975. It regulates the import and 
export of certain listed species identified in one of three 
Appendices. Appendix I includes species that are threatened 
with extinction; Appendix II includes species that may become 
threatened with extinction unless stringently regulated; 
Appendix III includes native species protected within the 
borders of countries exercising the option to list such 
species. The United States is a party to the treaty along with 
151 other countries.
    Endangered species in the United States are also protected 
under the Endangered Species Act of 1973 (ESA). The ESA 
currently lists over 1,700 species (animal and plant) as 
endangered or threatened. Out of these 1,700 listed species, 
more than 500 animal species, approximately one-third, exist 
entirely outside the United States.
    Despite these protections for endangered or threatened 
species, the vast majority of these populations are continuing 
to face threats and decline. Most are found in countries that 
cannot afford to dedicate the resources needed to recover the 
species. Funding from the United States to support conservation 
efforts also is very limited. In response, in recent years 
Congress enacted three laws that establish three U.S. grant 
programs through the Fish and Wildlife Service for the 
conservation of species in their natural habitat: the African 
Elephant Conservation Act (P.L. 100-478), the Rhino and Tiger 
Conservation Act (P.L. 103-391), and the Asian Elephant 
Conservation Act (P.L. 105-96) and their related Funds 
(collectively known as the Multinational Species Conservation 
Fund). In fiscal year 2000, these Acts and their related funds 
received appropriations of $2.4 million.
Objectives of the Bill
    The Great Ape Conservation Act is modeled after the African 
Elephant Conservation Act, the Rhino and Tiger Conservation 
Act, and the Asian Elephant Conservation Act. The bill promotes 
efforts to preserve five species of great apes and their 
habitat in the wild. To accomplish this, the bill directs the 
Secretary of Interior to provide financial assistance for 
approved projects for the conservation of great apes in their 
natural habitat. In addition, the bill establishes the Great 
Ape Conservation Fund within the Multinational Species 
Conservation Fund to provide that assistance.

                      Section-by-Section Analysis

Section 1. Short Title
    Section 1 establishes the short title of the bill as the 
``Great Ape Conservation Act of 2000.''
Sec. 2. Findings and Purposes
    Section 2 states the findings of the bill. They include the 
following: great ape populations are in serious jeopardy; 
chimpanzee, gorilla, bonobo, orangutan, and gibbon are listed 
as endangered species under the ESA and included in Appendix I 
of CITES; resources have not been sufficient to cope with the 
continued loss of habitat and diminution of great ape 
populations due to the challenges facing the conservation of 
great apes; conservation of great apes provides benefits to 
numerous other species of wildlife and their tropical forest 
habitats; threats to great apes include population 
fragmentation, hunting for the bushmeat trade, live capture, 
and exposure to disease; the study of wild great ape 
populations provides important biological insights; an increase 
in the commercial trade of tropical forest species is 
detrimental to the future of these species; and removing 
threats to great apes requires 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.
    Section 2 also provides that the purposes of the bill are 
to sustain great ape populations in the wild and to assist in 
the conservation and protection of great apes by supporting 
conservation programs, as well as by supporting the CITES 
Secretariat.
Sec. 3. Definitions
    Section 3 defines key terms used throughout the bill. The 
bill defines great apes as chimpanzees (Pan troglodytes), 
gorillas (Gorilla gorilla), bonobos (Pan paniscus), orangutans 
(Pongo pygmaeus), and gibbons (Hylobates sp.). Conservation is 
defined to mean a range of activities including sustaining 
great ape populations and training local law enforcement 
officials to prevent the illegal killing of great apes. The 
terms ``CITES,'' ``Fund,'' ``Multinational Species Conservation 
Fund,'' and ``Secretary'' are also defined.
Sec. 4. Great Ape Conservation Assistance
    Section 4 directs the Secretary of the Interior to provide 
financial assistance for projects for the conservation of great 
apes in their natural habitat. In providing this financial 
assistance, the Secretary of the Interior is to consult with 
other appropriate Federal officials and the government of each 
country in which a project is to be conducted (both financial 
assistance and consultation under this section are subject to 
the availability of funds). The bill prohibits funds to be used 
for captive breeding of great apes other than for release into 
the wild.
    Those eligible to receive funding under this section are: 
any wildlife management authority of a country that has within 
its boundaries any part of the range of a great ape; the CITES 
Secretariat; or persons with the demonstrated expertise 
required for the conservation of great apes. Required elements 
for a project proposal, criteria for approval, and a timetable 
for the approval process are included in the bill. These 
provisions guide the Secretary in establishing and implementing 
the program. To ensure that the Great Ape Conservation Fund 
established in section 5 of the bill is used in a fiscally 
responsible manner, section 4 places additional requirements on 
the Secretary of Interior to give preference to long-term 
conservation projects and to projects for which matching funds 
are available.
    To evaluate the progress and success of projects, section 4 
requires that persons receiving assistance under the Act submit 
periodic reports to the Secretary. These reports, as well as 
other documents relating to projects, are to be made available 
to the public. This ensures accountability of the program as 
well as the availability of information to improve individual 
projects and the program as a whole. In addition, section 4 
requires the Secretary of Interior to convene a panel of 
experts every 2 years to identify the greatest needs for the 
conservation of great apes.
Sec. 5. Great Ape Conservation Fund
    Section 5 establishes the Great Ape Conservation Fund as a 
separate account in the Multinational Species Conservation 
Fund. The Multinational Species Conservation Fund was 
established in title I of the fiscal year 1999 Department of 
Interior and Related Agencies Appropriations Act to consolidate 
three existing conservation grant programs (P.L. 106-113). The 
Fish and Wildlife Service administers the African Elephant 
Conservation Act, the Rhino and Tiger Conservation Act, and the 
Asian Elephant Conservation Act and their related Funds. In 
fiscal year 2000 the Multinational Species Conservation Fund 
received $2.4 million.
    Section 5 provides for three sources of funding to the 
Great Ape Conservation Fund: donations received by the 
Secretary of Interior to provide assistance under section 4; 
amounts appropriated to the Fund; and interest earned on 
investment of amounts in the Fund. Section 5 directs the 
Secretary of the Treasury to transfer such amounts as the 
Secretary of Interior determines are necessary to provide 
assistance under section 4. The Secretary of Interior may use 
up to 3 percent of funds appropriated for the Great Ape 
Conservation Fund or $80,000, whichever is greater, to 
administer the program.
Sec. 6. Authorization of Appropriations
    Section 6 authorizes $5 million for the program for each of 
fiscal years 2001 through 2005.

                                Hearings

    No hearings were held on H.R. 4320.

                          Legislative History

    On July 26, 2000, H.R. 4320 was received, read twice and 
referred to the Committee on Environment and Public Works. On 
September 28, 2000, H.R. 4320 was favorably reported by the 
committee.

                             Rollcall Votes

    Section 7(b) of the rule XXVI of the Standing Rules of the 
Senate and the rules of the Committee on Environment and Public 
Works require that any rollcall votes taken during 
consideration of legislation be noted in the report.
    On September 28, 2000, the committee met to consider H.R. 
4320. The bill was agreed to by voice vote. No rollcall votes 
were taken.

                           Regulatory Impact

    Section 11(b) of rule XXVI of the Standing Rules of the 
Senate requires publication in the report the committee's 
estimate of the regulatory impact made by the bill as reported. 
No regulatory impact is expected by the passage of this bill.
    The bill will not affect the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(P.L. 104-4), the committee makes the following evaluation of 
the Federal mandates contained in the reported bill: H.R. 4320 
imposes no Federal intergovernmental mandates on State, local 
or tribal governments.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 29, 2000.

Hon. Robert C. Smith, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.

Dear Mr. Chairman: The Congressional Budget Office has prepared 
the enclosed cost estimate for H.R. 4320, the Great Ape 
Conservation Act of 2000.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis, 
who can be reached at 226-2860.
            Sincerely,
                                            Dan L. Crippen.
                              ----------                              


               Congressional Budget Office Cost Estimate

H.R. 4320, Great Ape Conservation of 2000, as ordered reported by the 
        Senate Committee on Environment and Public Works on September 
        28, 2000
Summary
    H.R. 4320 would establish a new fund to support the 
conservation of great apes (gorillas, orangutans, and others). 
The Act would direct the Secretary of the Interior to use 
amounts in the new fund to finance eligible conservation 
efforts, which may include specific projects such as research 
and education as well as ongoing activities such as law 
enforcement. For this purpose, H.R. 4320 would authorize the 
appropriation of $5 million annually over the 2001-2005 period. 
Also, the Secretary would be authorized to accept and use funds 
donated for conservation purposes without further 
appropriation.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing H.R. 4320 would cost $10 million 
over the 2001-2005 period. We estimate that the remainder of 
the authorized funds would be spent after 2005. The legislation 
would affect direct spending and receipts by allowing the 
Secretary to accept and spend donations; therefore, pay-as-you-
go procedures would apply. We estimate that any such donations, 
however, would involve minor, offsetting amounts H.R. 4320 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act (UMRA) and would 
not affect the budgets of state, local, or tribal governments.
Estimated Cost to the Federal Government
    The estimated budgetary impact of H.R. 4320 is shown in the 
following table. The costs of is legislation fall within budget 
function 300 (natural resources and environment). Spending for 
the conservation of great apes would constitute a new program 
in the Federal budget; there is no spending for this activity 
under current law.


                 By Fiscal Year, in Millions of Dollars
------------------------------------------------------------------------
                                   2001    2002    2003    2004    2005
------------------------------------------------------------------------
 CHANGES IN SPENDING SUBJECT TO
          APPROPRIATION
Authorization Level.............       5       5       5       5       5
Estimated Outlays...............       a       1       2       3       4
------------------------------------------------------------------------
a Is less than $500,000

Basis of Estimate
    For this estimate, CBO assumes that the entire amounts 
authorized by H.R. 4320 will be appropriated for each of fiscal 
years 2001 through 2005. Outlay estimates are based on 
historical patterns for similar programs, which indicate that 
the rate of spending over the first few years of the new 
program would be slow.
    Enacting H.R. 4320 also would affect both receipts and 
direct spending by authorizing the Secretary of the Interior to 
accept and use donations. CBO estimates that this provision 
would increase Federal receipts by less than $500,000 annually 
once the conservation program has been established. Because 
these receipts would be offset by additional direct spending, 
the net impact of this provision on the Federal budget would be 
negligible in each year.
Pay-As-You-Go Considerations
    The Balanced Budget and Emergency Deficit Control Act sets 
up pay-as-you-go procedures for legislation affecting direct 
spending or receipts Although enacting H.R. 4320 would affect 
both receipts and direct spending, CBO estimates that the 
amounts involved would be less than $500,000 annually.
Intergovernmental and Private-Sector Impact
    H.R. 4320 contains no intergovernmental or private-sector 
mandates as defined in UMRA and would not affect the budgets of 
state, local, or tribal governments.
Previous CBO Estimate
    On July 26, 2000, CBO transmitted a cost estimate for H.R. 
4320 as passed by the House of Representatives on July 25, 
2000. The two versions of the legislation are identical, as are 
our cost estimates.

Estimate prepared by: Federal Costs: Deborah Reis (226-2860); 
Impact on State, Local, and Tribal Governments: Marjorie Miller 
(225-3220); Private Sector: Tim VanderBerg (226-2940).

Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                        Changes in Existing Law

    Section 12 of rule XXVI of the Standing Rules of the 
Senate, provides that reports to the Senate should show changes 
in existing law made by the bill as reported. Passage of this 
bill will make no changes to existing law.

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