Great Ape

PUBLIC LAW 106–411—NOV. 1, 2000

114 STAT. 1789

Public Law 106–411
106th Congress
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.

Nov. 1, 2000
[H.R. 4320]

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

Great Ape
Conservation Act
of 2000.
16 USC 6301
note.

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Great Ape Conservation Act
of 2000’’.
SEC. 2. FINDINGS AND PURPOSES.

16 USC 6301.

(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

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114 STAT. 1790

PUBLIC LAW 106–411—NOV. 1, 2000
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.

16 USC 6302.

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

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PUBLIC LAW 106–411—NOV. 1, 2000

114 STAT. 1791

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.

16 USC 6303.

(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

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Deadline.

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114 STAT. 1792

PUBLIC LAW 106–411—NOV. 1, 2000

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

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PUBLIC LAW 106–411—NOV. 1, 2000

114 STAT. 1793

(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.

16 USC 6304.

(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

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114 STAT. 1794

PUBLIC LAW 106–411—NOV. 1, 2000

be transferred to the Secretary of the Treasury for deposit into
the Fund.
16 USC 6305.

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.
Approved November 1, 2000.

LEGISLATIVE HISTORY—H.R. 4320:
HOUSE REPORTS: No. 106–792 (Comm. on Resources).
SENATE REPORTS: No. 106–472 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 146 (2000):
July 25, considered and passed House.
Oct. 19, considered and passed Senate.

Æ

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