PUBLIC LAW 106–411—NOV. 1, 2000 114 STAT. 1789

Public Law 106–411

106th Congress

An Act

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

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

16 USC 6301.

16 USC 6301

note.

Great Ape

Conservation Act

of 2000.

Nov. 1, 2000

[H.R. 4320]

114 STAT. 1790 PUBLIC LAW 106–411—NOV. 1, 2000

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

16 USC 6302.

PUBLIC LAW 106–411—NOV. 1, 2000 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. 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

Deadline.

Deadline.

16 USC 6303.

114 STAT. 1792 PUBLIC LAW 106–411—NOV. 1, 2000

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

PUBLIC LAW 106–411—NOV. 1, 2000 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. 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

16 USC 6304.

114 STAT. 1794 PUBLIC LAW 106–411—NOV. 1, 2000

LEGISLATIVE HISTORY—H.R. 4320:

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.

Æ

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.

Approved November 1, 2000.

16 USC 6305.