[House Report 111-650]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
  2d Session                  HOUSE OF REPRESENTATIVES          111-650
=======================================================================
 
     GREAT APE CONSERVATION REAUTHORIZATION AMENDMENTS ACT OF 2010 

                                _______
                                

 September 29, 2010.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 4416]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 4416) to reauthorize the Great Ape Conservation Act, 
and for other purposes, 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 Reauthorization 
Amendments Act of 2010''.

SEC. 2. AMENDMENT AND REAUTHORIZATION OF GREAT APE CONSERVATION ACT.

  The Great Ape Conservation Act of 2000 is amended as follows:
          (1) Multiyear grants.--In section 4 (16 U.S.C. 6303), by 
        adding at the end the following new subsections:
  ``(j) Multiyear Grants.--
          ``(1) In general.--The Secretary may award a multiyear grant 
        under this section to a person who is otherwise eligible for a 
        grant under this section, to carry out a project that the 
        person demonstrates is an effective, long-term conservation 
        strategy for great apes and their habitats.
          ``(2) Annual grants not affected.--This subsection shall not 
        be construed as precluding the Secretary from awarding grants 
        on an annual basis.
  ``(k) Excellence in Great Ape Conservation Awards.--
          ``(1) In general.--The Secretary, subject to the availability 
        of appropriations, may implement a program to acknowledge 
        outstanding achievement in great ape conservation, to enhance 
        great ape conservation and to demonstrate the indebtedness of 
        the entire world to the commitment made by individuals and 
        local communities to protect and conserve populations of great 
        apes.
          ``(2) Awards.--Under the program, the Secretary may use 
        amounts appropriated under this subsection to make appropriate 
        awards, including--
                  ``(A) cash awards, each of which shall not exceed 
                $7,500;
                  ``(B) noncash awards;
                  ``(C) posthumous awards; and
                  ``(D) public ceremonies to acknowledge such awards.
          ``(3) Selection of award recipients.--The Secretary may 
        select each year for receipt of an award under the program--
                  ``(A) no more than three individuals whose 
                contributions to the field of great ape conservation 
                have had a significant and material impact on the 
                conservation of great apes; and
                  ``(B) individuals selected from within great ape 
                range states, whose contributions represent selfless 
                sacrifice and uncommon valor and dedication to the 
                conservation of great apes and their habitats.
          ``(4) Nomination guidelines.--Not later than 180 days after 
        the date of enactment of this subsection, and after 
        consultation with the heads of other relevant Federal agencies 
        and other governmental and nongovernmental organizations with 
        expertise in great ape conservation, the Secretary shall 
        publish in the Federal Register guidelines specifying the 
        details and process for nominating award candidates. Such 
        guidelines shall allow for nominations of both citizens and 
        noncitizens of the United States.''.
          (2) Panel of experts.--In section 4(i) (16 U.S.C. 6303(i))--
                  (A) in paragraph (1), by--
                          (i) striking ``Every 2 years'' and inserting 
                        ``Within one year after the date of the 
                        enactment of the Great Ape Conservation 
                        Reauthorization Amendments Act of 2010, and 
                        every 5 years thereafter'';
                          (ii) striking ``may convene'' and inserting 
                        ``shall convene'';
                          (iii) inserting ``and priorities'' after 
                        ``needs''; and
                          (iv) adding at the end the following new 
                        sentence: ``The panel shall, to the extent 
                        practicable, include representatives from 
                        foreign range states with expertise in great 
                        ape conservation.''; and
                  (B) by redesignating paragraph (2) as paragraph (4), 
                and inserting after paragraph (1) the following new 
                paragraphs:
          ``(2) In identifying conservation needs and priorities under 
        paragraph (1), the panel shall consider relevant great ape 
        conservation plans or strategies including scientific research 
        and findings related to--
                  ``(A) the conservation needs and priorities of great 
                apes;
                  ``(B) regional or species-specific action plans or 
                strategies;
                  ``(C) applicable strategies developed or initiated by 
                the Secretary; and
                  ``(D) any other applicable conservation plan or 
                strategy.
          ``(3) The Secretary, subject to the availability of 
        appropriations, may pay expenses of convening and facilitating 
        meetings of the panel.''.
          (3) Administrative expenses limitation.--In section 5(b)(2) 
        (16 U.S.C. 6304 (b)(2)), by striking ``$100,000'' and inserting 
        ``$150,000''.
          (4) Authorization of appropriations.--By amending section 6 
        (16 U.S.C. 6305) to read as follows:

``SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

  ``There is authorized to be appropriated to the Fund to carry out 
this Act--
          ``(1) $5,500,000 for fiscal year 2011;
          ``(2) $6,000,000 for fiscal year 2012;
          ``(3) $6,500,000 for fiscal year 2013;
          ``(4) $7,000,000 for fiscal year 2014; and
          ``(5) $7,500,000 for fiscal year 2015.''.

                          Purpose of the Bill

    The purpose of H.R. 4416 is to reauthorize the Great Ape 
Conservation Act, and for other purposes.

                  Background and Need for Legislation

    Recognizing the many and varied threats facing Great Ape 
populations globally, including habitat loss, illegal poaching, 
and consumption in the bushmeat trade, Congress passed the 
Great Ape Conservation Act of 2000 (Public Law 106-411) (16 
U.S.C. 6301 et seq.). The law authorizes the U.S. Fish and 
Wildlife Service (FWS) to provide financial assistance for 
projects that support conservation and research of Great Apes 
in the range states where they are found.
    Under the law, a Great Ape is defined to include the 
species chimpanzee, gorilla, bonobo, orangutan, and gibbon. 
These primate species, with the exception of gibbons, are 
remarkably similar to human beings in terms of anatomy, 
physiology, and behavior. Each of these species are listed as 
endangered under the Endangered Species Act, Appendix I of the 
Convention on International Trade in Endangered Species of Wild 
Fauna and Flora (CITES), and the International Union for the 
Conservation of Nature and Natural Resources (IUCN) Red List of 
Threatened Species. Great Apes were once numerous throughout 
Africa and Southeast Asia, but wild populations have been 
devastated over the past twenty years.
    On the African continent, the three species of Great Apes 
are bonobos, chimpanzees and gorillas. The other two species 
identified as eligible to receive funding under the Great Ape 
Conservation Act are orangutans and gibbons, which live within 
Southeast Asia. Funding provided through the Great Ape 
Conservation Act has been directly responsible for numerous 
gains in Great Ape conservation, including the discovery of the 
Cross River Gorilla, a gorilla subspecies which was once 
thought to be extinct, and the 2007 discovery of a population 
of more than 125,000 western lowland gorillas living in 
northern areas of the Republic of Congo.
    In the last five years, the Department of the Interior has 
received a cumulative appropriation of $17.8 million for the 
Great Ape Conservation Fund. With that money, the FWS has 
funded 265 projects and leveraged an additional $20.5 million 
in private sector contributions. These projects are critical to 
restoring habitat, providing for additional personnel and 
capacity-building in range states, increasing community 
participation and support for Great Ape conservation, and 
strengthening comprehensive conservation campaigns. The 
authorization of appropriations expires in Fiscal Year 2010.

                            Committee Action

    H.R. 4416 was introduced on January 12, 2010 by 
Representative George Miller (D-CA). The bill was referred to 
the Committee on Natural Resources, and within the Committee to 
the Subcommittee on Insular Affairs, Oceans and Wildlife. On 
January 27, 2010, the Subcommittee held a hearing on the bill.
    On July 22, 2010, the Subcommittee was discharged from the 
further consideration of H.R. 4416 and the full Natural 
Resources Committee met to consider the bill. Rep. George 
Miller offered an amendment in the nature of a substitute to 
authorize the Secretary of the Interior to implement an 
``Excellence in Great Ape Conservation Awards'' Program to 
recognize the contributions of individuals in range states to 
the conservation of Great Apes, and to require that the 
Secretary develop and publish in the Federal Register 
guidelines for the process for nominating award candidates. The 
amendment in the nature of a substitute also requires that the 
panel of experts include representatives from range states. 
Finally, specific references to Great Ape conservation plans 
and strategies are struck, and the amendment instead requires 
that the panel of experts consider all applicable conservation 
plans, strategies, and scientific findings when identifying 
conservation priorities for Great Apes.
    Ranking Member Doc Hastings (R-WA), on behalf of Rep. Jason 
Chaffetz (R-UT), offered an amendment to the amendment in the 
nature of a substitute that would level funding for the Act at 
$5,000,000 per year for the next five years, reducing the total 
authorization from $32.5 million to $25 over that time. The 
amendment was not adopted by a roll call vote of 14 yeas to 21 
nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    The amendment in the nature of a substitute was then agreed 
to by voice vote. The bill, as amended, was then ordered 
favorably reported to the House of Representatives by voice 
vote.

                      Section-by-Section Analysis


Section 1--Short Title

    Section 1 provides that this Act may be cited as the 
``Great Ape Conservation Reauthorization Amendments Act of 
2010.''

Section 2--Amendment and reauthorization of Great Ape Conservation Act

    Section 2 authorizes the Secretary to award multi-year 
grants to a person who is otherwise eligible for a grant under 
the program. This shall not preclude the Secretary from 
awarding grants on an annual basis. In addition, Section 2 
authorizes the ``Excellence in Great Ape Conservation Awards,'' 
to acknowledge outstanding achievement in great ape 
conservation made by local communities and individuals. These 
awards may be cash awards not to exceed $7,500, noncash awards, 
posthumous awards, and public ceremonies to acknowledge such 
awards. Each year the Secretary may select up to three 
individuals whose conservation work has had a material and 
significant impact on the conservation of great apes, and 
individuals selected from within great ape range states whose 
contributions represent selfless sacrifice and uncommon valor 
in the conservation of great apes. Guidelines for the 
nomination of award recipients are required to be developed in 
consultation with relevant governmental and nongovernmental 
organizations and published in the Federal Register within 180 
days of the passage of this Act.
    Section 2 also requires that the Panel of Experts required 
under current law meet within one year of passage of this Act 
and every 5 years thereafter, and that the Panel include 
representatives from range states, to the extent practicable. 
The Panel is required to consider the conservation needs and 
priorities of great apes, applicable regional or species-
specific action plans or strategies, strategies developed by 
the Secretary, and any other applicable conservation plans in 
the identification of conservation priorities. The limit on 
annual administrative expenses for the program is changed from 
$100,000 to $150,000.
    Section 2 authorizes to the Great Ape Conservation Fund to 
carry out this Act $5.5 million for fiscal year 2011, $6 
million for fiscal year 2012, $6.5 million for fiscal year 
2013, $7 million for fiscal year 2014, and $7.5 for fiscal year 
2015.

            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 Natural 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 this bill.

                    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.
    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, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to reauthorize the Great Ape 
Conservation Act, and for other purposes.
    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 received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 4416--Great Ape Conservation Reauthorization Amendments Act of 
        2010

    Summary: H.R. 4416 would authorize the appropriation of $33 
million over the 2011-2015 period for the Department of the 
Interior (DOI) to make grants to develop and implement 
conservation strategies for great apes (chimpanzees, gorillas, 
and orangutans) and their habitats and to provide awards to 
those that have protected and conserved great ape populations. 
CBO estimates that implementing this legislation would cost $28 
million over the 2011-2015 period, assuming the appropriation 
of the specified amounts. Enacting H.R. 4416 would not affect 
direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    The bill 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. 4416 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                    ------------------------------------------------------------
                                                       2011      2012      2013      2014      2015    2011-2015
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATIONAuthorization Level................................         6         6         7         7         8         33
Estimated Outlays..................................         2         6         6         7         7        28
----------------------------------------------------------------------------------------------------------------
Note: Amounts do not sum to totals because of rounding.

    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted near the start of fiscal year 2011 and 
that the amounts specified will be provided for each year.
    H.R. 4416 would authorize the appropriation of $33 million 
over the 2011-2015 period for DOI to make grants to wildlife 
management authorities and other individuals that demonstrate 
effective, long-term strategies for protecting great apes and 
their habitats. The legislation also would authorize DOI to 
provide awards, including monetary awards not to exceed $7,500, 
to individuals who have contributed to the conservation and 
protection of great ape populations. Based on the historical 
spending patterns of similar DOI programs, CBO estimates that 
implementing H.R. 4416 would cost $28 million over the 2011-
2015 period.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: H.R. 4416 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Estimate prepared by: Federal Costs: Daniel Hoople; Impact 
on State, Local, and Tribal Governments: Melissa Merrell; 
Impact on the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 4416 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                Preemption of State, Local or Tribal Law

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

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

GREAT APE CONSERVATION ACT OF 2000

           *       *       *       *       *       *       *



SEC. 4. GREAT APE CONSERVATION ASSISTANCE.

  (a) * * *

           *       *       *       *       *       *       *

  (i) Panel.--
          (1) In general.--[Every 2 years] Within one year 
        after the date of the enactment of the Great Ape 
        Conservation Reauthorization Amendments Act of 2010, 
        and every 5 years thereafter, the Secretary [may] shall 
        convene a panel of experts to identify the greatest 
        needs and priorities for the conservation of great 
        apes. The panel shall, to the extent practicable, 
        include representatives from foreign range states with 
        expertise in great ape conservation.
          (2) In identifying conservation needs and priorities 
        under paragraph (1), the panel shall consider relevant 
        great ape conservation plans or strategies including 
        scientific research and findings related to--
                  (A) the conservation needs and priorities of 
                great apes;
                  (B) regional or species-specific action plans 
                or strategies;
                  (C) applicable strategies developed or 
                initiated by the Secretary; and
                  (D) any other applicable conservation plan or 
                strategy.
          (3) The Secretary, subject to the availability of 
        appropriations, may pay expenses of convening and 
        facilitating meetings of the panel.
          [(2)] (4) Applicability of faca.--The Federal 
        Advisoary Committee Act (5 App. U.S.C.) shall not apply 
        to a panel convened under paragraph (1).
  (j) Multiyear Grants.--
          (1) In general.--The Secretary may award a multiyear 
        grant under this section to a person who is otherwise 
        eligible for a grant under this section, to carry out a 
        project that the person demonstrates is an effective, 
        long-term conservation strategy for great apes and 
        their habitats.
          (2) Annual grants not affected.--This subsection 
        shall not be construed as precluding the Secretary from 
        awarding grants on an annual basis.
  (k) Excellence in Great Ape Conservation Awards.--
          (1) In general.--The Secretary, subject to the 
        availability of appropriations, may implement a program 
        to acknowledge outstanding achievement in great ape 
        conservation, to enhance great ape conservation and to 
        demonstrate the indebtedness of the entire world to the 
        commitment made by individuals and local communities to 
        protect and conserve populations of great apes.
          (2) Awards.--Under the program, the Secretary may use 
        amounts appropriated under this subsection to make 
        appropriate awards, including--
                  (A) cash awards, each of which shall not 
                exceed $7,500;
                  (B) noncash awards;
                  (C) posthumous awards; and
                  (D) public ceremonies to acknowledge such 
                awards.
          (3) Selection of award recipients.--The Secretary may 
        select each year for receipt of an award under the 
        program--
                  (A) no more than three individuals whose 
                contributions to the field of great ape 
                conservation have had a significant and 
                material impact on the conservation of great 
                apes; and
                  (B) individuals selected from within great 
                ape range states, whose contributions represent 
                selfless sacrifice and uncommon valor and 
                dedication to the conservation of great apes 
                and their habitats.
          (4) Nomination guidelines.--Not later than 180 days 
        after the date of enactment of this subsection, and 
        after consultation with the heads of other relevant 
        Federal agencies and other governmental and 
        nongovernmental organizations with expertise in great 
        ape conservation, the Secretary shall publish in the 
        Federal Register guidelines specifying the details and 
        process for nominating award candidates. Such 
        guidelines shall allow for nominations of both citizens 
        and noncitizens of the United States.

SEC. 5. GREAT APE CONSERVATION FUND.

  (a) * * *
  (b) Expenditures From Fund.--
          (1) * * *
          (2) Administrative expenses.--Of the amounts in the 
        account available for each fiscal year, the Secretary 
        may expend not more than 3 percent, or up to [$100,000] 
        $150,000, whichever is greater, to pay the 
        administrative expenses necessary to carry out this 
        Act.

           *       *       *       *       *       *       *


[SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

  [There are authorized to be appropriated to the Fund 
$5,000,000 for each of fiscal years 2006 through 2010.]

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

  There is authorized to be appropriated to the Fund to carry 
out this Act--
          (1) $5,500,000 for fiscal year 2011;
          (2) $6,000,000 for fiscal year 2012;
          (3) $6,500,000 for fiscal year 2013;
          (4) $7,000,000 for fiscal year 2014; and
          (5) $7,500,000 for fiscal year 2015.

     DISSENTING VIEWS OF REPRESENTATIVE HASTINGS OF WASHINGTON AND 
                        REPRESENTATIVE CHAFFETZ

    The Committee on Natural Resources has ordered reported 
H.R. 4416 which increases the authorization level of the Great 
Ape Conservation Fund from its existing level of $5 million per 
year to $7.5 million annually. As an alternative, we supported 
a reasonable amendment offered by Congressman Jason Chaffetz to 
level fund this Act for the next five years. Regrettably, this 
amendment was rejected on a party line vote.
    While we recognize that we are not talking about a huge sum 
of money, this bill is a just another symptom of a much larger 
problem which is the Democrats' insatiable appetite to spend 
our constituents' hard earned tax dollars. There is no 
rationale for increasing this authorization level. Since its 
inception eleven years ago, no Administration has ever 
requested more than $2 million in a single fiscal year for the 
Great Ape Conservation Fund. The greatest amount ever 
appropriated by the Congress to the Fund was $2.5 million for 
the current fiscal year; this is exactly half of what has been 
authorized. In terms of total funding, $50 million has been 
authorized and slightly less than $15 million has been 
appropriated.
    Who is asking for this increase? Based on the testimony 
given at the Subcommittee hearing, it is apparently a number of 
nongovernmental organizations--like the Wildlife Conservation 
Society and the World Wildlife Fund--who frankly are in far 
better financial shape than the federal government. Our nation 
now has a national debt of $13.4 trillion, and this Congress 
has been piling a mountain of debt on our children and 
grandchildren that will strangle economic prosperity in this 
country.
    We urge our colleagues to vote no on H.R. 4416 when it is 
considered on the floor of the House of Representatives. We 
simply cannot afford this increase for the Great Ape 
Conservation Fund.

                                   Doc Hastings.
                                   Jason Chaffetz.

                                  
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