89–006 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 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.— 


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‘‘(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. 


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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 


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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: 


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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. 


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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 APPROPRIATION 

Authorization 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. 


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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.—øEvery 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 ømay¿ shall convene a panel of experts to idenVerDate Mar 15 2010 06:13 Oct 05, 2010 Jkt 089006 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\HR650.XXX HR650

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tify 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. 

ø(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 govVerDate Mar 15 2010 06:13 Oct 05, 2010 Jkt 089006 PO 00000 Frm 00009 Fmt 6659 Sfmt 6603 E:\HR\OC\HR650.XXX HR650

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ernmental 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 ø$100,000¿ $150,000, whichever is greater, to pay the administrative expenses necessary 

to carry out this Act. 

* * * * * * * 

øSEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

øThere 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. 


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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. 

Æ 


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