79–006

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–792

GREAT APE CONSERVATION ACT OF 2000

JULY 25, 2000.—Committed to the Committee of the Whole House on the State of

the Union and ordered to be printed

Mr. YOUNG of Alaska, from the Committee on Resources,

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 Resources, to whom 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, 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 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;

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(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 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 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.

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(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 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—

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(1) may not be used for captive breeding of great apes other than for captive

breeding for release into the wild; and

(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 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.

PURPOSE OF THE BILL

The purpose of H.R. 4320 is 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 who demonstrated expertise in the conservation

of great apes.

BACKGROUND AND NEED FOR LEGISLATION

The vast majority of endangered or threatened species throughout the world receive little, if any, U.S. funding. Currently, three

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U.S. grant programs exist (through the U.S. Fish and Wildlife

Service) for in-situ conservation: the African Elephant, Asian Elephant, and Rhino and Tiger Conservation Acts and their related

funds (commonly known as the Multinational Species Conservation

Fund). In Fiscal Year 2000, collectively, these programs received

$2.4 million.

Since the 1980s, the conservation of endangered and threatened

species, and their critical habitat, has become an ever-increasing

challenge that needs to be fought on multiple fronts. Numerous

species are critically endangered in all parts of the world. The

causes of their decline include ivory poaching in Africa and Asia;

harmful farming practices in Asia, Africa and South America; and

deforestation in the rainforests of South America, Africa and Asia,

which is particularly dangerous for all species of primates. Protecting the world’s most at-risk species now requires an aroundthe-clock, team-oriented approach involving both on-the-ground activities in the range states, which encompass both government and

nongovernmental organizations, and education programs at home

and abroad.

While the Convention on International Trade in Endangered and

Threatened Species of Wild Fauna and Flora (CITES) and our federal Endangered Species Act (ESA) will continue to address harmful activities affecting wild populations of threatened and endangered species, sadly, many range states simply lack the financial

resources to adequately protect these animals within their borders.

It is, therefore, necessary for the United States and the international community to take a leadership role in trying to stop the

disappearance of these irreplaceable flagship species, such as great

apes. All great apes are listed endangered under the ESA and Appendix I under CITES.

Great apes inhabit areas where their study and conservation is

an enormous challenge. Once protected by the isolation of densely

forested, and sometimes unexplored, habitat, great apes experience

increased pressure from human populations invading and changing

their world. Roads built by logging and mining companies give

hunters and slash-and-burn agriculturalists access to once remote

forests. Growing human populations demand more and more resources from the forest: land for cultivation; highly-prized tropical

lumber species; diamonds and gold; and perhaps most menacingly

for forest wildlife, the meat from wild animals known as bushmeat.

While wildlife has been part of the diet of Africans and Asians

for centuries, the bushmeat trade has evolved into a heavily commercialized business seriously threatening the future of great apes

in the wild. For example, according to a recent study by the World

Society for the Protection, an estimated 800 western lowland gorillas are killed annually for the bushmeat trade in just one small

area of Cameroon. In many places where commercial bushmeat operations take place, the meat from apes is the most prized and

fetches the highest prices (as opposed to forest elephants, antelopes

and pigs), where some urban dwellers can afford to buy such luxury commodities as gorilla and chimpanzee. If current

unsustainable rates of exploitation continue, the commercial

bushmeat trade will decimate, if not eliminate, some of the most

endangered species, especially great apes.

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From a biological perspective, forest wildlife productivity is very

low compared to savannas and cannot sustain such protective demands from the bushmeat trade for growing human populations in

West and Central Africa. Complicating the matter, apes are, by

their biological nature, an extremely vulnerable species, have complex social grouping, low productive rates and grow relatively slowly. An example of the devastating effects of the bushmeat commercialization is the drastic decline in the chimpanzee populations (all

three subspecies western, central and eastern). In 1960, more than

one million chimpanzees populated the dense forests of Africa.

Today, that number is less than 200,000.

In fact, the populations of all the following great apes are suffering from the bushmeat trade and loss of habitat due to logging

practices, agriculture expansion, human migration and mining:

Orangutans—found only on the islands of Borneo and Sumatra in Indonesia and Malaysia, number less than 30,000, which

represents a decline of 30 to 50% in the last decade;

Bonobos—found only in a very small rainforest in the Congo

Basin, south of the Congo River, number less than 100,000,

which represents a 50% decline in the population over the last

twenty years;

Gorillas—representing three subspecies (mountain, western

lowland and eastern lowland) are located in nine African countries. The mountain gorilla, perhaps the most studied gorilla

species (made famous by Diane Fossey and the movie ‘‘Gorillas

in the Mist’’) and with only 620 known specimens, make it not

only the most threatened gorilla subspecies, but also one of the

rarest mammals on earth, more endangered than the giant

panda. The eastern lowland gorilla and western lowland gorilla

populations are less than 10,000 and 110,000 specimens, respectively.

The Great Ape Conservation Act and its accompanying fund is

modeled after the African and Asian Elephant and Rhino and Tiger

Conservation Acts. The bill defines great apes as gorillas (Gorilla

gorilla), orangutans (Pongo pygmaeus), chimpanzees (Pan troglodytes), bonobos (Pan paniscus) and gibbons (Hylobates sp.). Finally,

the bill prohibits funds under the Act to be used for captive breeding of great apes other than for release into the wild.

COMMITTEE ACTION

H.R. 4320 was introduced on April 13, 2000, by Representatives

George Miller (D–CA). The bill was referred to the Committee on

Resources, and within the Committee to the Subcommittee on Fisheries Conservation, Wildlife and Oceans. On June 20, 2000, the

Subcommittee held a hearing on the bill. On June 29, 2000, the

Subcommittee met to mark up the bill. Congressman George Miller

offered an amendment in the nature of a substitute that clarified

and strengthened the definition of conservation, streamlined the

consultation process, clarified the role of captive breeding and the

amount of funds to be used for administrative expenses, and included gibbons in the definition of great apes. It was adopted by

voice vote. The bill was then ordered favorably reported to the Full

Committee by voice vote. On July 19, 2000, the Full Resources

Committee met to consider the bill. There were no further amendVerDate 11-MAY-2000 19:57 Jul 27, 2000 Jkt 079006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR792.XXX pfrm03 PsN: HR792
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ments and the bill was then ordered favorably reported to the

House of Representatives by unanimous consent.

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 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 H.R. 4320.

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. The Committee

on Resources has requested such an estimate but had not received

one at the time this bill report was filed. The Committee believes

that the bill will have an insignificant effect on the federal budget.

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, the Committee

does not believe that this bill contains any new budget authority,

spending authority, credit authority, or an increase or decrease in

revenues or tax expenditures.

3. Government Reform Oversight Findings. Under clause 3(c)(4)

of rule XIII of the Rules of the House of Representatives, the Committee has received no report of oversight findings and recommendations from the Committee on Government Reform on this

bill.

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 not received a timely cost estimate for this bill from the

Director of the Congressional Budget Office.

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates.

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

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

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law.

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