[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]

118 STAT. 3934

Public Law 108-486
108th Congress

An Act


 
To require the Secretary of the Treasury to mint coins celebrating the
recovery and restoration of the American bald eagle, the national symbol
of the United States, to America's lands, waterways, and skies and the
great importance of the designation of the American bald eagle as an
``endangered'' species under the Endangered Species Act of 1973, and for
other purposes. NOTE: Dec. 23, 2004 -  [H.R. 4116]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress NOTE: American Bald Eagle
Recovery and National Emblem Commemorative Coin Act. 31 USC 5112
note. assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``American Bald Eagle Recovery and
National Emblem Commemorative Coin Act''.

SEC. 2. FINDINGS.

The Congress finds as follows:
(1) The bald eagle was designated as the national emblem of
the United States on June 20, 1782, by our country's Founding
Fathers at the Second Continental Congress.
(2) The bald eagle is the greatest visible symbol of the
spirit of freedom and democracy in the world.
(3) The bald eagle species is unique to North America and
represents the American values and attributes of freedom,
courage, strength, spirit, loyalty, justice, equality,
democracy, quality, and excellence.
(4) The bald eagle is the central image used in the Great
Seal of the United States and the seal of many branches and
departments of the United States Government, including the
President and the Vice President of the United States, the
United States Congress, the Department of Defense, the
Department of the Treasury, the Department of Justice, the
Department of State, the Department of Commerce, the Department
of Homeland Security, and the United States Postal Service.
(5) The bald eagle's image and symbolism have played a
profound role in establishing and honoring American beliefs and
traditions.
(6) The bald eagle's image and symbolism have influenced
American art, music, history, literature, commerce, and culture
since the founding of our Nation.
(7) The bald eagle species was once threatened with possible
extinction in the lower 48 States but is now making a gradual,
encouraging recovery within America's lands, waterways, and
skies.
(8) The bald eagle was federally classified as an
``endangered'' species in 1973 under the Endangered Species Act
of

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118 STAT. 3935

1973, and, in 1995, was removed from the ``endangered'' species
list and upgraded to the less imperiled ``threatened'' status
under such Act.
(9) The administration is likely to officially delist the
bald eagle from both the ``endangered'' and ``threatened''
species lists under the Endangered Species Act of 1973 by no
later than 2008.
(10) The initial recovery of the bald eagle population in
the United States was accomplished by the vigilant efforts of
numerous caring agencies, corporations, organizations, and
citizens.
(11) The continued caring and concern of the American people
and the further restoration and protection of the bald eagle and
its habitat is necessary to guarantee the full recovery and
survival of this precious national treasure for future
generations.
(12) Since the Endangered Species Act of 1973 requires that
delisted species be administratively monitored for a 5-year
period, the bald eagle nests in 49 States will require continual
monitoring after the bald eagle is removed from the protection
of such Act; and such efforts will require substantial funding
to the Federal and State agencies and private organizations that
will conduct such monitoring.
(13) Due to Federal and State budget cutting and balancing
trends, funding for on-going bald eagle care, restoration,
monitoring, protection, and enhancement programs has diminished
annually.
(14) In anticipation of the nationwide observance of the
official removal, by 2008, of the bald eagle from the
``threatened'' species list under the Endangered Species Act of
1973, and the 35th anniversary, in 2008, of the Endangered
Species Act of 1973 and the designation of the bald eagle as an
``endangered'' species under such Act, Congress wishes to offer
the opportunity for all persons to voluntarily participate in
raising funds for future bald eagle recovery, monitoring, and
preservation efforts and to contribute to a special American
Eagle Fund endowment managed by the not-for-profit American
Eagle Foundation of Tennessee in the United States, in
cooperation with fund management experts.
(15) It is appropriate for Congress to authorize coins--
(A) celebrating the recovery and restoration of the
bald eagle, the living symbol of freedom in the United
States, to America's lands, waterways, and skies;
(B) commemorating the removal of the bald eagle from
the ``endangered'' and ``threatened'' species lists
under the Endangered Species Act of 1973; and
(C) commemorating the 35th anniversary of the
enactment of the Endangered Species Act of 1973 and the
designation of the bald eagle as an ``endangered''
species under such Act.

SEC. 3. COIN SPECIFICATIONS.

(a) Denominations.--In celebration of the recovery of the bald
eagle, the national living symbol of freedom, to America's lands,
waterways, and skies and in commemoration of the 35th anniversary of the
enactment of the Endangered Species Act of 1973 and the placement of the
bald eagle on the endangered species

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118 STAT. 3936

list under such Act, the Secretary of the Treasury (hereafter in this
Act referred to as the ``Secretary'') shall mint and issue the following
coins:
(1) $5 gold coins.--Not more than 100,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 500,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent copper.
(3) Half dollar clad coins.--Not more than 750,000 half
dollar coins which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half dollar
coins contained in section 5112(b) of title 31, United
States Code.

(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.

SEC. 4. DESIGN OF COINS.

(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the bald eagle and its history,
natural biology, and national symbolism.
(2) Designation and inscriptions.--On each coin minted under
this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2008'' ; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.

(b) Selection.--The design for the coins minted under this Act shall
be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts, and the American Eagle Foundation of
Tennessee in the United States; and
(2) reviewed by the Citizens Coinage Advisory Committee.

SEC. 5. ISSUANCE OF COINS.

(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may be
used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted under
this Act only during the 1-year period beginning on January 1, 2008.

SEC. 6. SALE OF COINS.

(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--

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118 STAT. 3937

(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).

(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.

SEC. 7. SURCHARGES.

(a) In General.--All sales of coins minted under this Act shall
include a surcharge as follows:
(1) A surcharge of $35 per coin for the $5 coin.
(2) A surcharge of $10 per coin for the $1 coin.
(3) A surcharge of $3 per coin for the half dollar coin.

(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the American Eagle Foundation of Tennessee in the United States to
further its works.
(c) Audits.--The American Eagle Foundation of Tennessee in the
United States and the American Eagle Fund shall be subject to the audit
requirements of section 5134(f)(2) of title 31, United States Code, with
regard to the amounts received by the Foundation or the Fund under
subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may be
included with respect to the issuance under this Act of any coin during
a calendar year if, as of the time of such issuance, the issuance of
such coin would result in the number of commemorative coin programs
issued during such year to exceed the annual 2 commemorative coin
program issuance limitation under section 5112(m)(1) of title 31, United
States Code (as in effect on the

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118 STAT. 3938

date of the enactment of this Act). The Secretary of the Treasury may
issue guidance to carry out this subsection.

Approved December 23, 2004.

LEGISLATIVE HISTORY--H.R. 4116:
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CONGRESSIONAL RECORD, Vol. 150 (2004):
Dec. 7, considered and passed House.
Dec. 8, considered and passed Senate.