[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4924 Enrolled Bill (ENR)]
H.R.4924
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-
four
An Act
To assist in the conservation of rhinoceros and tigers by supporting
and providing financial resources for the conservation programs of
nations whose activities directly or indirectly affect rhinoceros and
tiger populations, and of the CITES Secretariat.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rhinoceros and Tiger Conservation
Act of 1994''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The world's rhinoceros population is declining at an
alarming rate, a 90 percent decline since 1970.
(2) All 5 subspecies of tiger are currently threatened with
extinction in the wild, with approximately 5,000 to 6,000 tigers
remaining worldwide.
(3) All rhinoceros species have been listed on Appendix I of
CITES since 1977.
(4) All tiger subspecies have been listed on Appendix I of
CITES since 1987.
(5) The tiger and all rhinoceros species, except the southern
subspecies of white rhinoceros, are listed as endangered species
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(6) In 1987, the parties to CITES adopted a resolution that
urged all parties to establish a moratorium on the sale and trade
in rhinoceros products (other than legally taken trophies), to
destroy government stockpiles of rhinoceros horn, and to exert
pressure on countries continuing to allow trade in rhinoceros
products.
(7) On September 7, 1993, under section 8 of the Fishermen's
Protective Act of 1967 (22 U.S.C. 1978) the Secretary certified
that the People's Republic of China and Taiwan were engaged in
trade of rhinoceros parts and tiger parts that diminished the
effectiveness of an international conservation program for that
endangered species.
(8) On September 9, 1993, the Standing Committee of CITES, in
debating the continuing problem of trade in rhinoceros horn and
tiger parts, adopted a resolution urging parties to CITES to
implement stricter domestic measures, up to and including an
immediate prohibition in trade in wildlife species.
(9) On November 8, 1993, under section 8 of the Fisherman's
Protection Act of 1967 (22 U.S.C. 1978), the President announced
that the United States would impose trade sanctions against China
and Taiwan unless substantial progress was made by March 1994
towards ending trade in rhinoceros and tiger products.
(10) On April 11, 1994, under section 8 of the Fisherman's
Protective Act of 1967 (22 U.S.C. 1978), the President--
(A) directed that imports of wildlife specimens and
products from Taiwan be prohibited, in response to Taiwan's
failure to undertake sufficient actions to stop illegal
rhinoceros and tiger trade; and
(B) indicated that the certification of China would remain
in effect and directed that additional monitoring of China's
progress be undertaken.
SEC. 3. PURPOSES.
The purposes of this Act are the following:
(1) To assist in the conservation of rhinoceros and tigers by
supporting the conservation programs of nations whose activities
directly or indirectly affect rhinoceros and tiger populations, and
the CITES Secretariat.
(2) To provide financial resources for those programs.
SEC. 4. DEFINITIONS.
In this Act--
(1) ``CITES'' means the Convention on International Trade in
Endangered Species of Wild Fauna and Flora, signed on March 3,
1973, and its appendices;
(2) ``conservation'' means the use of all methods and
procedures necessary to bring rhinoceros and tigers to the point at
which there are sufficient populations to ensure that those species
do not become extinct, including all activities associated with
scientific resource management, such as research, census, law
enforcement, habitat protection, acquisition, and management,
propagation, live trapping, and transportation;
(3) ``Fund'' means the Rhinoceros and Tiger Conservation Fund
established under section 6(a);
(4) ``Secretary'' means the Secretary of the Interior; and
(5) ``Administrator'' means the Administrator of the Agency for
International Development.
SEC. 5. RHINOCEROS AND TIGER CONSERVATION ASSISTANCE.
(a) In General.--The Secretary, subject to the availability of
appropriations and in consultation with the Administrator, shall use
amounts in the Fund to provide financial assistance for projects for
the conservation of rhinoceros and tigers.
(b) Project Proposal.--A country whose activities directly or
indirectly affect rhinoceros or tiger populations, the CITES
Secretariat, or any other person may submit to the Secretary a project
proposal under this section. Each proposal shall--
(1) name the individual responsible for conducting the project;
(2) state the purposes of the project succinctly;
(3) describe the qualifications of the individuals who will
conduct the project;
(4) estimate the funds and time required to complete the
project;
(5) provide evidence of support of the project by appropriate
governmental entities of countries in which the project will be
conducted, if the Secretary determines that the support is required
for the success of the project; and
(6) provide any other information the Secretary considers to be
necessary for evaluating the eligibility of the project for funding
under this Act.
(c) Project Review and Approval.--Within 30 days of receiving a
final project proposal, the Secretary shall provide a copy of the
proposal to the Administrator. The Secretary shall review each final
project proposal to determine if it meets the criteria set forth in
subsection (d). Not later than 6 months after receiving a final project
proposal, and subject to the availability of funds, the Secretary,
after consulting with the Administrator, shall approve or disapprove
the proposal and provide written notification to the person who
submitted the proposal, to the Administrator, and to each country
within which the project is to be conducted.
(d) Criteria for Approval.--The Secretary may approve a project
under this section if the project will enhance programs for
conservation of rhinoceros or tigers by assisting efforts to--
(1) implement conservation programs;
(2) enhance compliance with provisions of CITES and laws of the
United States or a foreign country that prohibit or regulate the
taking or trade of rhinoceros or tigers or the use of rhinoceros or
tiger habitat; or
(3) develop sound scientific information on that species'
habitat condition and carrying capacity, total numbers and
population trends, or annual reproduction and mortality.
(e) Project Sustainability.--To the maximum extent practical, the
Secretary should give consideration to projects which will enhance
sustainable development programs to ensure effective, long-term
conservation of rhinoceros and tigers.
(f) Project Reporting.--Each person that receives assistance under
this section for a project shall provide periodic reports, as the
Secretary considers necessary, to the Secretary and the Administrator.
Each report shall include all information requested by the Secretary,
after consulting with the Administrator, for evaluating the progress
and success of the project.
SEC. 6. RHINOCEROS AND TIGER CONSERVATION FUND.
(a) Establishment.--There is established in the general fund of the
Treasury a separate account to be known as the ``Rhinoceros and Tiger
Conservation Fund'', which shall consist of amounts deposited into the
Fund by the Secretary of the Treasury under subsection (b).
(b) Deposits Into the Fund.--The Secretary of the Treasury shall
deposit into the Fund--
(1) all amounts received by the Secretary in the form of
donations under subsection (d); and
(2) other amounts appropriated to the Fund.
(c) Use.--
(1) In general.--Subject to paragraph (2), the Secretary may
use amounts in the Fund without further appropriation to provide
assistance under section 5.
(2) Administration.--Of amounts in the Fund available for each
fiscal year, the Secretary may use not more than 3 percent to
administer the Fund.
(d) Acceptance and Use of Donations.--The Secretary may accept and
use donations to provide assistance under section 5. Amounts received
by the Secretary in the form of donations shall be transferred to the
Secretary of the Treasury for deposit into the Fund.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Fund $10,000,000 for
each of fiscal years 1996, 1997, 1998, 1999, and 2000 to carry out this
Act, to remain available until expended.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.