16 U.S.C. § 6303 — Great ape conservation assistance

Page 2572 TITLE 16—CONSERVATION § 6303 Editorial Notes REFERENCES IN TEXT Title I of the Department of the Interior and Related Agencies Appropriations Act, 1999, referred to in par. (5), is Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–232. Provisions under the heading ‘‘MULTINATIONAL SPECIES CONSERVATION FUND’’ in Pub. L. 105–277, § 101(e) [title I] appear at 112 Stat. 2681–237, and are classified in part to section 4246 of this title. § 6303. Great ape conservation assistance (a) In general Subject to the availability of funds and in con- sultation with other appropriate Federal offi- cials, 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 Sec- retary 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 activi- ties of the authority directly or indirectly affect a great ape population; (B) the CITES Secretariat; or (C) any person or group with the dem- onstrated expertise required for the con- servation 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 re- quired to complete the project; (F) evidence of support for the project by appropriate governmental entities of the countries in which the project will be con- ducted, 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 Sec- retary considers to be necessary for evalu- ating the eligibility of the project for fund- ing 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 pro- posal to other appropriate Federal officials; and (B) review each project proposal in a time- ly 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 avail- ability of funds, the Secretary, after con- sulting with other appropriate Federal offi- cials, shall— (A) consult on the proposal with the gov- ernment 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 ap- proval or disapproval to the person who sub- mitted the proposal, other appropriate Fed- eral 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 as- sisting 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 gov- ernment entities, affected local communities, nongovernmental organizations, or other per- sons 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 deter- mining whether to approve project proposals under this section, the Secretary shall give pref- erence to conservation projects that are de- signed to ensure effective, long-term conserva- tion 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 Page 2573 TITLE 16—CONSERVATION § 6304 Secretary periodic reports (at such intervals as the Secretary considers necessary) that in- clude all information that the Secretary, after consultation with other appropriate govern- ment officials, determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering im- provements. (2) Availability to the public Reports under paragraph (1), and any other documents relating to projects for which fi- nancial assistance is provided under this chap- ter, shall be made available to the public. (h) Limitations on use for captive breeding Amounts provided as a grant under this chap- ter— (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 spe- cies for release into the wild only if no other conservation method for the species is bio- logically 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 rep- resentatives— (A) from each country that comprises the natural range of great apes; and (B) with expertise in great ape conserva- tion. (3) Conservation plans In identifying the conservation needs and priorities under paragraph (1), the panel re- ferred to in that paragraph shall consider any relevant great ape conservation plan or strat- egy, 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 re- ferred to in paragraph (1). (5) Applicability of chapter 10 of title 5 Chapter 10 of title 5 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 sec- tion a multiyear grant of up to 5 years to carry out a project that the person dem- onstrates is an effective, long-term conserva- tion 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; Pub. L. 117–286, § 4(a)(129), Dec. 27, 2022, 136 Stat. 4319; Pub. L. 118–159, div. E, title LIII, § 5306(a), Dec. 23, 2024, 138 Stat. 2446.) Editorial Notes AMENDMENTS 2024—Subsec. (j)(1). Pub. L. 118–159 inserted ‘‘of up to 5 years’’ after ‘‘multiyear grant’’. 2022—Subsec. (i)(5). Pub. L. 117–286 substituted ‘‘chap- ter 10 of title 5’’ for ‘‘FACA’’ in heading and ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Committee Act (5 App. U.S.C.)’’ in 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 exist- ing provisions as par. (1), inserted par. heading, sub- stituted ‘‘may convene’’ for ‘‘shall convene’’, and added par. (2). § 6304. Great Ape Conservation Fund (a) Establishment There is established in the Multinational Spe- cies 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 6305 of this title; 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 6303 of this title. (2) Administrative expenses Of the amounts in the account available for each fiscal year, the Secretary may expend not more than 3 percent, or up to $150,000, whichever is greater, to pay the administra-