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Calendar No. 194
109th Congress Report
SENATE
1st Session 109-123
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TO REAUTHORIZE THE GREAT APE CONSERVATION ACT OF 2000
_______
August 31, 2005.--Ordered to be printed
Filed, under authority of the order of the Senate of July 29, 2005
_______
Mr. Inhofe, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 1250]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 1250) to reauthorize the Great Ape
Conservation Act of 2000, having considered the same reports
favorably thereon with amendments and recommends that the bill,
as amended, do pass.
General Statement and Background
The Great Apes--chimpanzees, orangutans, bonobos, gorillas,
and gibbons--are among the more than 30,000 species around the
world that have been listed for protection under the Convention
on International Trade in Endangered Species of Wild Fauna and
Flora (CITES). The United States is party to the CITES treaty
along with 166 other countries. Despite this protection,
populations of all great ape species and the conditions of
their habitats have continued to decline.
Following the passage of similar legislation to conserve
multinational endangered species, the Great Ape Conservation
Act of 2000 (P.L. 106-411) established the Great Ape
Conservation Program under the Department of the Interior. This
program promotes efforts to preserve five species of great apes
in the wild by providing financial assistance for approved
projects for the conservation of great apes and their
respective natural habitats. From 2001 to 2004, the U.S. Fish
and Wildlife Service funded 110 such projects in 22 countries.
These projects have leveraged millions of dollars in matching
funds and in-kind contributions from collaborating interests.
Dwindling population statistics among great ape species
demonstrate the continued need for resources to support
international great ape conservation. The United Nations
Environment Programme estimates that fewer than 100,000 Western
lowland gorillas currently remain worldwide. Only 30,000
orangutans remain in Southeast Asia, and according to the U.S.
Fish and Wildlife Service, more than one million chimpanzees
populated the dense forests of Africa in 1960, while fewer than
200,000 survive in the wild today.
One problem of elevated concern is the alarming number of
new outbreaks of the ebola virus in Africa. Recent studies have
estimated that when an ebola outbreak affects a given area,
more than 80 percent of all great apes living in that area will
die of the disease. In August 2004, the International
Primatological Society released preliminary evidence that
suggests that as many as 20,000 Western lowland gorillas may be
at risk as the result of a new outbreak of the ebola virus in
the Republic of Congo.
In regions of Western and Central Africa and Southeast
Asia, where populations of great apes still remain, the
continued existence of great ape species will depend upon
finding solutions to various complicated threats including
habitat destruction, disease, poaching and displacement due to
human wars.
Objectives of the Legislation
S. 1250 reauthorizes the Great Ape Conservation Act of 2000
by amending several provisions under current law and increasing
and extending through fiscal year 2010 the authorization of
appropriations to the Great Ape Conservation Fund.
Section-by-Section Analysis
Section 1. Great Ape Conservation Assistance.
Section 1 authorizes the Secretary of the Interior to
approve projects that address the root causes of threats to
great apes in range States, including the illegal bushmeat
trade, diseases, lack of regional or local capacity for
conservation, and habitat loss due to natural disasters. This
section grants the Secretary discretion in convening the expert
panel established under the Act, rather than once every 2
years, as mandated by current law. The section also exempts the
panel from the requirements of the Federal Advisory Committee
Act.
These amendments are intended to increase the Secretary's
flexibility in administering the Great Ape Conservation
program. Expanding the types of projects eligible for funding
will enable the Secretary to meet changing conservation needs
as they arise. Eliminating the explicit requirement that the
Secretary convene a panel of experts once every 2 years will
increase the Secretary's flexibility to administer the limited
resources available for on the ground conservation efforts. The
Secretary can convene the panel on an as needed basis.
Sec. 2. Great Ape Conservation Fund.
Section 2 makes a technical correction by striking
``expand'' and inserting ``expend'' and raises the cap on
administrative expenses from $80,000 to $150,000.
Current law sets administrative expenses to carry out the
Great Ape Conservation program at 3 percent or up to $80,000,
whichever is greater. Though past appropriations to the Great
Ape Conservation Fund have yet to reach the $80,000 threshold,
raising the threshold to $150,000 will enable the Secretary to
expend additional funds on the administration of the program,
should there be an increase in future appropriations.
Sec. 3. Authorization of Appropriations.
Section 3 authorizes $5,000,000 for each of fiscal years
2006 through 2007 and $7,000,000 for each of fiscal years 2008
through 2010.
Legislative History
On June 15, 2005, Senator James M. Jeffords introduced S.
1250, which was cosponsored by Senators Chafee, Durbin,
Lautenberg, Lieberman, and Murray. The bill was referred to the
Senate Committee on Environment and Public Works. On July 20,
2005, S. 1250, as amended, was favorably reported by the
committee to the full Senate.
Hearings
No committee hearings were held on S. 1250.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 1250 on July 20, 2005. Senator Inhofe proposed an
amendment, which was agreed to by voice vote. The bill, as
amended, was agreed to by unanimous consent.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 1250
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that S. 1250 imposes no
Federal intergovernmental mandates on State, local or tribal
governments.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill,
prepared by the Congressional Budget Office, be included in the
report. That statement follows:
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S. 1250, A bill to reauthorize the Great Ape Conservation Act of 2000,
As ordered reported by the Senate Committee on Environment and
Public Works on July 20, 2005
Summary
S. 1250 would authorize funding to carry out the Great Ape
Conservation Act of 2000. CBO estimates that implementing the
bill would cost $3 million in 2006 and $29 million over the
2006-2010 period, assuming appropriation of the authorized
amounts. Enacting S. 1250 would not affect direct spending or
revenues.
S. 1250 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
For this estimate, CBO assumes that S. 1250 will be enacted
near the start of fiscal year 2006 and that amounts will be
provided as specified in the bill. The estimated budgetary
impact of S. 1250 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
------------------------------------------------------------------------
2006 2007 2008 2009 2010
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO
APPROPRIATION
Authorization Level............. 5 5 7 7 7
Estimated Outlays............... 3 5 7 7 7
------------------------------------------------------------------------
Basis of Estimate
Under the Great Ape Conservation Act of 2000, the Secretary
of the Interior provides financial assistance to entities that
promote the conservation of great apes in the wild. S. 1250
would authorize the appropriation of $31 million over the 2005-
2010 period to implement that act, and would amend current law
to increase the amount of funding the Secretary could use for
the program's administrative costs. Based on historical
spending patterns for this program and similar conservation
activities, CBO estimates that implementing S. 1250 would cost
$3 million in 2006 and $29 million over the next 5 years.
Intergovernmental and Private-Sector Impact
S. 1250 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: Megan Carroll; Impact
on State, Local, and Tribal Governments: Marjorie Miller;
Impact on the Private Sector: Selena Caldera.
Estimate Approved By: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, 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:
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TITLE 16--CONSERVATION
CHAPTER 82--GREAT APE CONSERVATION
SEC. 6303. GREAT APE CONSERVATION ASSISTANCE.
(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[.] ; 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.
* * * * * * *
(i) Panel.--[Every]
(1) In general.--Every 2 years, the Secretary
[shall] may convene a panel of experts to identify the
greatest needs for the conservation of great apes.
(2) Applicability of faca.--The Federal Advisory
Committee Act (5 App. U.S.C.) shall not apply to a
panel convened under paragraph (1).
* * * * * * *
SEC. 6304. GREAT APE CONSERVATION FUND.
(a) * * *
* * * * * * *
(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 6303 of this title.
(2) Administrative expenses.--Of the amounts in the
account available for each fiscal year, the Secretary
may [expand] expend not more than 3 percent, or up to
[$80,000] $150,000, whichever is greater, to pay the
administrative expenses necessary to carry out this
chapter.
* * * * * * *
[SEC. 6305\1\. AUTHORIZATION OF APPROPRIATIONS.
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\1\ S. 1250 states to strike ``Sec. 6''. Sec. 6305 is corresponding
code section.
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[There are authorized to be appropriated to the Fund
$5,000,000 for each of fiscal years 2001 through 2005.]
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Fund--
(1) $5,000,000 for each of fiscal years 2006 and
2007; and
(2) $7,000,000 for each of fiscal years 2008
through 2010.
* * * * * * *
