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                                                       Calendar No. 194
109th Congress                                                   Report
                                 SENATE
 1st Session                                                    109-123

======================================================================



 
         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:
                              ----------                              


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:
                              ----------                              


                         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.
---------------------------------------------------------------------------

    \1\ S. 1250 states to strike ``Sec. 6''. Sec. 6305 is corresponding 
code section.
---------------------------------------------------------------------------
    [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.

           *       *       *       *       *       *       *