[House Report 106-792]
[From the U.S. Government Publishing Office]
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;
(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.
(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--
(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 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 around-the-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.
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 amendments 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.