16 U.S.C. § 6302 — Definitions

Page 2571 TITLE 16—CONSERVATION § 6302 Sec. 6302. Definitions. 6303. Great ape conservation assistance. 6304. Great Ape Conservation Fund. 6305. Authorization of appropriations. § 6301. 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, orang- utan, and gibbon are listed as endangered spe- cies under section 1533 of this title 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 con- servation of great apes are so immense, the re- sources available to date have not been suffi- cient to cope with the continued loss of habi- tat 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 habi- tats in which they are found, conservation of great apes provides benefits to numerous other species of wildlife, including many other en- dangered species; (5) among the threats to great apes, in addi- tion to habitat loss, are population fragmenta- tion, hunting for the bushmeat trade, live cap- ture, 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 impor- tant 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 via- bility 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 chapter are— (1) to sustain viable populations of great apes in the wild; and (2) to assist in the conservation and protec- tion of great apes by supporting conservation programs of countries in which populations of great apes are located and by supporting the CITES Secretariat. (Pub. L. 106–411, § 2, Nov. 1, 2000, 114 Stat. 1789.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 106–411, § 1, Nov. 1, 2000, 114 Stat. 1789, pro- vided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Great Ape Conservation Act of 2000’.’’ § 6302. Definitions In this chapter: (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), includ- ing its appendices. (2) Conservation The term ‘‘conservation’’— (A) means the use of methods and proce- dures 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, im- plementation, and improvement of man- agement plans for managed habitat ranges; (iv) enforcement and implementation of CITES; (v) enforcement and implementation of domestic laws relating to resource man- agement; (vi) development and operation of sanc- tuaries 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 re- lease 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 Con- servation Fund established by section 6304 of this title. (4) Great ape The term ‘‘great ape’’ means a chimpanzee, gorilla, bonobo, orangutan, or gibbon. (5) Multinational Species Conservation Fund The term ‘‘Multinational Species Conserva- tion 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’’ [16 U.S.C. 4246]. (6) Secretary The term ‘‘Secretary’’ means the Secretary of the Interior. (Pub. L. 106–411, § 3, Nov. 1, 2000, 114 Stat. 1790.) 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