[Senate Report 106-472]
[From the U.S. Government Publishing Office]
Calendar No. 921
106th Congress Report
SENATE
2d Session 106-472
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GREAT APE CONSERVATION ACT OF 2000
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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.
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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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