II
Calendar No. 921
106TH CONGRESS
2D SESSION
H.R. 4320
[Report No. 106–472]
IN THE SENATE OF THE UNITED STATES
JULY 26, 2000
Received; read twice and referred to the Committee on Environment and
Public Works
OCTOBER 3 (legislative day, SEPTEMBER 22), 2000
Reported by Mr. SMITH of New Hampshire, without amendment
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Great Ape Conserva-
tion 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 Conven-
tion on International Trade in Endangered Species
of Wild Fauna and Flora (27 UST 1087; TIAS
8249);
(3) because the challenges facing the conserva-
tion 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 en-
croachment and logging and the consequent diminu-
tion 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 wild-
life, including many other endangered species;
(5) among the threats to great apes, in addition
to habitat loss, are population fragmentation, hunt-
ing for the bushmeat trade, live capture, and expo-
sure 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 in-
sights;
(7) although subsistence hunting of tropical for-
est animals has occurred for hundreds of years at a
sustainable level, the tremendous increase in the
commercial trade of tropical forest species is detri-
mental 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 Wash-
ington March 3, 1973 (27 UST 1087; TIAS 8249),
including its appendices.
(2) 
CONSERVATION.—The 
term
‘‘conservation’’—
(A) means the use of methods and proce-
dures 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, restora-
tion, acquisition, and management of habi-
tat;
(ii) in-situ research and monitoring of
populations and habitats;
(iii) assistance in the development, im-
plementation, and improvement of manage-
ment plans for managed habitat ranges;
(iv) enforcement and implementation
of CITES;
(v) enforcement and implementation
of domestic laws relating to resource man-
agement;
(vi) development and operation of
sanctuaries for members of a species res-
cued 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 re-
lease of the members into the wild in ways
which do not threaten existing wildlife pop-
ulations by causing displacement or the in-
troduction of disease;
(ix) conflict resolution initiatives;
(x) community outreach and edu-
cation; 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 Conserva-
tion Fund’’ means such fund as established in title
I of the Department of the Interior and Related
Agencies Appropriations Act, 1999, under the head-
ing 
‘‘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 conserva-
tion 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 dem-
onstrated expertise required for the conserva-
tion 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 implementa-
tion 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 re-
quired to complete the project;
(F) evidence of support for the project by
appropriate governmental entities of the coun-
tries 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 Sec-
retary 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 pro-
posal to other appropriate Federal officials; and
(B) review each project proposal in a time-
ly manner to determine if the proposal meets
the criteria specified in subsection (d).
(2) 
CONSULTATION; 
APPROVAL
OR
DIS-
APPROVAL.—Not later than 180 days after receiving
a project proposal, and subject to the availability of
funds, the Secretary, after consulting with other ap-
propriate Federal officials, shall—
(A) consult on the proposal with the gov-
ernment of each country in which the project is
to be conducted;
(B) after taking into consideration any
comments resulting from the consultation, ap-
prove or disapprove the proposal; and
(C) provide written notification of the ap-
proval or disapproval to the person who sub-
mitted the proposal, other appropriate Federal
officials, and each country described in sub-
paragraph (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 man-
agement 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 enti-
ties, affected local communities, nongovernmental or-
ganizations, 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 sub-
mit to the Secretary periodic reports (at such inter-
vals as the Secretary considers necessary) that in-
clude all information that the Secretary, after con-
sultation with other appropriate government offi-
cials, 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 re-
lating to projects for which financial assistance is
provided under this Act, shall be made available to
the public.
(h) LIMITATIONS
ON USE
FOR CAPTIVE BREED-
ING.—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 re-
lease into the wild; and
(2) may be used for captive breeding of a spe-
cies for release into the wild only if no other con-
servation method for the species is biologically fea-
sible.
(i) PANEL.—Every 2 years, the Secretary shall con-
vene 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 ac-
count 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 Sec-
retary, 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 Treas-
ury shall invest such portion of the Fund as is not,
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 assist-
ance under section 4. Amounts received by the Secretary
in the form of donations shall be transferred to the Sec-
retary 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.
Calendar No. 921
106TH CONGRESS
2D SESSION
H. R. 4320
[Report No. 106–472]
AN ACT
To assist in the conservation of great apes by sup-
porting 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.
OCTOBER 3 (legislative day, SEPTEMBER 22), 2000
Reported without amendment