[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4924 Introduced in House (IH)]
103d CONGRESS
2d Session
H. R. 4924
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 9, 1994
Mr. Fields of Texas (for himself, Mr. Studds, and Mr. Beilenson)
introduced the following bill; which was referred to the Committee on
Merchant Marine and Fisheries
_______________________________________________________________________
A BILL
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); and
(4) ``Secretary'' means the Secretary of the Interior.
SEC. 5. RHINOCEROS AND TIGER CONSERVATION ASSISTANCE.
(a) In General.--The Secretary, subject to the availability of
appropriations, 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.--The Secretary shall review each
project proposal to determine if it meets the criterion 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 shall
approve or disapprove the proposal and provide written notification to
the person who submitted the proposal and to each country within which
the project is to be conducted.
(d) Criterion for Approval.--The Secretary may approve a project
under this section if the project will enhance programs for
conservation of rhinoceros or tigers by--
(1) assisting efforts--
(A) to implement conservation programs; and
(B) to 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
(2) developing sound scientific information on that
species' habitat condition and carrying capacity, total numbers
and population trends, or annual reproduction and mortality.
(e) Project Reporting.--Each person that receives assistance under
this section for a project shall provide periodic reports to the
Secretary as the Secretary considers necessary. Each report shall
include all information requested by the Secretary 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.
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