[106th Congress Public Law 411]
[From the U.S. Government Printing Office]


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[DOCID: f:publ411.106]


[[Page 114 STAT. 1789]]

Public Law 106-411
106th Congress

                                 An Act


 
  To assist in the conservation of great <<NOTE: Nov. 1, 2000 -  [H.R. 
  4320]>> 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.

    Be it enacted by the Senate and House of <<NOTE: Great Ape 
Conservation Act of 2000.>> Representatives of the United States of 
America in Congress assembled,

SECTION 1. <<NOTE: 16 USC 6301 note.>> SHORT TITLE.

    This Act may be cited as the ``Great Ape Conservation Act of 2000''.

SEC. 2. <<NOTE: 16 USC 6301.>> 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

[[Page 114 STAT. 1790]]

        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. <<NOTE: 16 USC 6302.>> 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

[[Page 114 STAT. 1791]]

        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. <<NOTE: 16 USC 6303.>> 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 <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> disapproval.--Not later than 180 days 
        after receiving a project proposal, and subject

[[Page 114 STAT. 1792]]

        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

[[Page 114 STAT. 1793]]

            (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. <<NOTE: 16 USC 6304.>> 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

[[Page 114 STAT. 1794]]

be transferred to the Secretary of the Treasury for deposit into the 
Fund.

SEC. 6. <<NOTE: 16 USC 6305.>> AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Fund $5,000,000 for 
each of fiscal years 2001 through 2005.

    Approved November 1, 2000.

LEGISLATIVE HISTORY--H.R. 4320:
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HOUSE REPORTS: No. 106-792 (Comm. on Resources).
SENATE REPORTS: No. 106-472 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 146 (2000):
            July 25, considered and passed House.
            Oct. 19, considered and passed Senate.

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