US (United States) Code. Title 16. Chapter 82: Great ape conservation

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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16 USC CHAPTER 82 - GREAT APE CONSERVATION 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 82 - GREAT APE CONSERVATION

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CHAPTER 82 - GREAT APE CONSERVATION

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Sec.

6301. Findings and purposes.

(a) Findings.

(b) Purposes.

6302. Definitions.

6303. Great ape conservation assistance.

(a) In general.

(b) Project proposals.

(c) Project review and approval.

(d) Criteria for approval.

(e) Project sustainability.

(f) Matching funds.

(g) Project reporting.

(h) Limitations on use for captive breeding.

(i) Panel.

6304. Great Ape Conservation Fund.

(a) Establishment.

(b) Expenditures from Fund.

(c) Investment of amounts.

(d) Transfers of amounts.

(e) Acceptance and use of donations.

6305. Authorization of appropriations.

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16 USC Sec. 6301 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 82 - GREAT APE CONSERVATION

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Sec. 6301. Findings and purposes

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(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 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 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

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 protection of great apes

by supporting conservation programs of countries in which

populations of great apes are located and by supporting the CITES

Secretariat.

-SOURCE-

(Pub. L. 106-411, Sec. 2, Nov. 1, 2000, 114 Stat. 1789.)

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SHORT TITLE

Pub. L. 106-411, Sec. 1, Nov. 1, 2000, 114 Stat. 1789, provided

that: ''This Act (enacting this chapter) may be cited as the 'Great

Ape Conservation Act of 2000'.''

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16 USC Sec. 6302 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 82 - GREAT APE CONSERVATION

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Sec. 6302. Definitions

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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), 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 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 Conservation 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.

-SOURCE-

(Pub. L. 106-411, Sec. 3, Nov. 1, 2000, 114 Stat. 1790.)

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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, Sec. 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, Sec. 101(e) (title

I) appear at 112 Stat. 2681-237, and are classified in part to

section 4246 of this title.

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16 USC Sec. 6303 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 82 - GREAT APE CONSERVATION

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Sec. 6303. Great ape conservation assistance

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(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 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 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) of this section.

(2) Consultation; approval or disapproval

Not later than 180 days after receiving a project proposal, and

subject 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

chapter, shall be made available to the public.

(h) Limitations on use for captive breeding

Amounts provided as a grant under this chapter -

(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 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.

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(Pub. L. 106-411, Sec. 4, Nov. 1, 2000, 114 Stat. 1791.)

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6304 of this title.

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16 USC Sec. 6304 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 82 - GREAT APE CONSERVATION

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Sec. 6304. Great Ape Conservation Fund

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(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) of this section;

(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) of this section.

(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 (FOOTNOTE 1) not more than 3 percent, or

up to $80,000, whichever is greater, to pay the administrative

expenses necessary to carry out this chapter.

(FOOTNOTE 1) So in original. Probably should be ''expend''.

(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 6303 of this title. Amounts received by the

Secretary in the form of donations shall be transferred to the

Secretary of the Treasury for deposit into the Fund.

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(Pub. L. 106-411, Sec. 5, Nov. 1, 2000, 114 Stat. 1793.)

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6302 of this title.

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16 USC Sec. 6305 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 82 - GREAT APE CONSERVATION

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Sec. 6305. Authorization of appropriations

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There are authorized to be appropriated to the Fund $5,000,000

for each of fiscal years 2001 through 2005.

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(Pub. L. 106-411, Sec. 6, Nov. 1, 2000, 114 Stat. 1794.)

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6304 of this title.

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