79–010

Calendar No. 921

106TH CONGRESS REPORT

2d Session " ! SENATE 106–472

GREAT APE CONSERVATION ACT OF 2000

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

REPORT

[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; highprized 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 acVerDate 11-MAY-2000 04:35 Oct 04, 2000 Jkt 079010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6601 E:\HR\OC\SR472.XXX pfrm10 PsN: SR472
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cess 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.

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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 conservaVerDate 11-MAY-2000 04:35 Oct 04, 2000 Jkt 079010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6601 E:\HR\OC\SR472.XXX pfrm10 PsN: SR472
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tion 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 longterm 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

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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,

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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.

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 FedVerDate 11-MAY-2000 04:35 Oct 04, 2000 Jkt 079010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6601 E:\HR\OC\SR472.XXX pfrm10 PsN: SR472
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eral 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 1234

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.

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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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