16 U.S.C. § 6303 (CONSERVATION)
§ 6303. 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 chapter.
(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;
(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; or
(6) address root causes of threats to great apes in range states, including illegal bushmeat trade, diseases, lack of regional or local capacity for conservation, and habitat loss due to natural disasters.
(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 chapter, shall be made available to the public.
(h) Limitations on use for captive breeding
Amounts provided as a grant under this chapter—
(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
(1) Convention
Not later than 1 year after March 12, 2019, and every 5 years thereafter, the Secretary may convene a panel of experts on great apes to identify the greatest needs and priorities for the conservation of great apes.
(2) Composition
The Secretary shall ensure that the panel referred to in paragraph (1) includes, to the maximum extent practicable, 1 or more representatives—
(A) from each country that comprises the natural range of great apes; and
(B) with expertise in great ape conservation.
(3) Conservation plans
In identifying the conservation needs and priorities under paragraph (1), the panel referred to in that paragraph shall consider any relevant great ape conservation plan or strategy, including scientific research and findings relating to—
(A) the conservation needs and priorities of great apes;
(B) any regional or species-specific action plan or strategy;
(C) any applicable strategy developed or initiated by the Secretary; and
(D) any other applicable conservation plan or strategy.
(4) Funds
Subject to the availability of appropriations, the Secretary may use amounts available to the Secretary to pay for the costs of convening and facilitating any meeting of the panel referred to in paragraph (1).
(5) Applicability of FACA
The Federal Advisory Committee Act (5 App. U.S.C.) shall not apply to a panel convened under paragraph (1).
(j) Multiyear grants
(1) Authorization
The Secretary may award to a person who is otherwise eligible for a grant under this section a multiyear grant to carry out a project that the person demonstrates is an effective, long-term conservation strategy for great apes and the habitat of great apes.
(2) Effect of subsection
Nothing in this subsection precludes the Secretary from awarding a grant on an annual basis.
(Pub. L. 106–411, § 4, Nov. 1, 2000, 114 Stat. 1791; Pub. L. 109–363, title VII, § 701, Oct. 17, 2006, 120 Stat. 2081; Pub. L. 116–9, title VII, § 7001(c)(2)(A), (B), Mar. 12, 2019, 133 Stat. 785.)
heading: Editorial Notes
heading: References in Text
text: The Federal Advisory Committee Act, referred to in subsec. (i)(5), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
heading: Amendments
text: 2019—Subsec. (i)(1). Pub. L. 116–9, § 7001(c)(2)(A)(i), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “Every 2 years, the Secretary may convene a panel of experts to identify the greatest needs for the conservation of great apes.”
Subsec. (i)(2) to (5). Pub. L. 116–9, § 7001(c)(2)(A)(ii), (iii), added pars. (2) to (4) and redesignated former par. (2) as (5).
Subsec. (j). Pub. L. 116–9, § 7001(c)(2)(B), added subsec. (j).
2006—Subsec. (d)(6). Pub. L. 109–363, § 701(1), added par. (6).
Subsec. (i). Pub. L. 109–363, § 701(2), designated existing provisions as par. (1), inserted par. heading, substituted “may convene” for “shall convene”, and added par. (2).