[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3664 Engrossed Amendment House (EAH)]

                In the House of Representatives, U. S.,

                                                       October 7, 1994.
      Resolved, That the House agree to the amendment of the Senate to 
the text of the bill (H.R. 3664) entitled ``An Act to direct the 
Secretary of the Interior to convey to the State of Minnesota the New 
London National Fish Hatchery production facility'', with the following

                              AMENDMENTS:

        In lieu of the matter inserted by said amendment to the text of 
    the bill, strike out all after the enacting clause of H.R. 3664 and 
    insert:

                   TITLE I--FISH HATCHERY CONVEYANCES

SECTION 101. CONVEYANCE OF NEW LONDON NATIONAL FISH HATCHERY PRODUCTION 
              FACILITY TO THE STATE OF MINNESOTA.

    (a) Conveyance Authorized.--Notwithstanding any other provision of 
law and within 180 days after the date of the enactment of this Act, 
the Secretary of the Interior shall convey to the State of Minnesota 
without reimbursement all right, title, and interest of the United 
States in and to the property comprising the New London National Fish 
Hatchery production facility, located outside of downtown New London, 
Minnesota, including--
            (1) all easements and water rights relating to that 
        property; and
            (2) all land, improvements, and related personal property 
        comprising that production facility.
    (b) Use of Property.--All property and interests conveyed under 
this section shall be used by the Minnesota Department of Natural 
Resources for the Minnesota fishery resources management program.
    (c) Reversionary Interest.--All right, title, and interest in and 
to all property interests conveyed under this section shall revert to 
the United States on any date on which any of the property or interests 
are used other than for the Minnesota fishery resources management 
program.

SEC. 102. CONVEYANCE OF THE FAIRPORT NATIONAL FISH HATCHERY TO THE 
              STATE OF IOWA.

    (a) Conveyance.--The Secretary of the Interior shall convey to the 
State of Iowa, without reimbursement and by no later than December 31, 
1994, all right, title, and interest of the United States in and to the 
fish hatchery described in subsection (b) for use by the State for 
purposes of fishery resources management.
    (b) Hatchery Described.--The fish hatchery described in subsection 
(a) is the Fairport National Fish Hatchery located in Muscatine County, 
Iowa, adjacent to the State Highway 22 west of Davenport, Iowa, 
including all real property, improvements to real property, and 
personal property.
    (c) Use and Reversionary Interest.--The property conveyed to the 
State of Iowa pursuant to this section shall be used by the State for 
purposes of fishery resources management, and if it is used for any 
other purpose all right, title, and interest in and to all property 
conveyed pursuant to this section shall revert to the United States.

SEC. 103. CONVEYANCE OF CORNING NATIONAL FISH HATCHERY TO THE STATE OF 
              ARKANSAS.

    (a) Conveyance Requirement.--The Secretary of the Interior shall 
convey to the State of Arkansas, without reimbursement and by no later 
than 90 days after the enactment of this act, all right, title, and 
interest of the United States in and to the property described in 
subsection (b), for use by the Arkansas Game and Fish Commission as 
part of the State of Arkansas Fish culture program.
    (b) Property Described.--The property referred to in subsection (a) 
is the property known as the Corning National Fish Hatchery (popularly 
known as the William H. Donham State Fish Hatchery), located one mile 
west of Corning, Arkansas, on Arkansas State Highway 67 in Clay County, 
Arkansas, consisting of 137.34 acres (more or less), and all 
improvements and related personal property under the control of the 
Secretary that is located on that property, including buildings, 
structures, and equipment.
    (c) Reversionary Interest of the United States.--All right, title, 
and interest in property described in subsection (b) shall revert to 
the United States if the property ceases to be used as part of the 
State of Arkansas fish culture program. The State of Arkansas shall 
ensure that the property reverting to the United States is in 
substantially the same or better condition as at the time of transfer.

             TITLE II--OCEAN RADIOACTIVE WASTE DUMPING BAN

SEC. 201. OCEAN RADIOACTIVE WASTE.

    (a) Amendments to the Ocean Dumping Act.--The Marine Protection, 
Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.) is 
amended--
            (1) in section 3 (33 U.S.C. 1402), by--
                    (A) striking paragraph (j); and
                    (B) redesignating the following paragraphs 
                accordingly;
            (2) by altering a reference to the paragraphs redesignated 
        under paragraph (1) of this section;
            (3) in section 102(a) (33 U.S.C. 1412(a)), by striking 
        ``high-level'' before ``radioactive waste''; and
            (4) in section 104 (33 U.S.C. 1414), by striking subsection 
        (i).
    (b) Clarification.--Nothing in this section shall affect the 
transportation of material containing de minimis levels of 
radioactivity for the purpose of dumping it into ocean waters under the 
Marine Protection, Research, and Sanctuaries Act of 1972.

       TITLE III--THE EDWIN B. FORSYTHE NATIONAL WILDLIFE REFUGE

SEC. 301. VISITOR CENTER.

    (a) Authority.--
            (1) In general.--The Secretary of the Interior shall, 
        subject to the availability of appropriations, construct and 
        operate a visitor center at the Edwin B. Forsythe National 
        Wildlife Refuge in Atlantic County, New Jersey for purposes 
        of--
                    (A) providing public opportunities, facilities, and 
                resources to study the natural history and natural 
                resources of New Jersey and its coast;
                    (B) providing public opportunities, facilities, and 
                resources to highlight and research areas and artifacts 
                of historical significance within the Refuge;
                    (C) fostering an awareness and understanding of the 
                interactions among wildlife, coastal and wetland 
                ecosystems, and human activities both in a modern and 
                historical context; and
                    (D) providing office space and facilities for 
                refuge administration, research, educational, and 
                related activities.
    (b) Design.--The Secretary of the Interior shall ensure that the 
design, size, and location of a facility constructed under this section 
are consistent with the cultural and natural history of the area with 
which the facility will be concerned.
    (c) Cost Sharing.--The Secretary of the Interior may accept 
contributions of funds from non-Federal sources to pay the costs of 
operating and maintaining the facility authorized under this section, 
and shall diligently pursue appropriate steps to obtain such 
contributions.

                TITLE IV--STATE AND FEDERAL COOPERATION

SEC. 401. IN GENERAL.

    To the greatest extent practicable, the Secretary of the Interior 
and the heads of other federal agencies shall consult and cooperate 
with state fish and wildlife agency personnel on areas of mutual 
concern involving the conservation of fish, wildlife and their 
habitats, and the implementation of federal laws involving the 
conservation of such species and their habitats. In cooperating with 
such agencies, the Secretary and the heads of other federal agencies 
shall not be subject to the provisions of the Federal Advisory 
Committee Act (5 U.S.C. APP. 2).

    TITLE V--DON EDWARDS CENTER FOR ENVIRONMENTAL EDUCATION AT SAN 
                 FRANCISCO BAY NATIONAL WILDLIFE REFUGE

SEC. 501. FINDINGS.

    The Congress Finds that:
            (1) The San Francisco Bay National Wildlife Refuge provides 
        great opportunities for observing and interpreting the 
        biological richness of the San Francisco Bay estuary and its 
        wetlands and wildlife.
            (2) Congressman Don Edwards was the sponsor of legislation 
        to establish and to expand the San Francisco Bay National 
        Wildlife Refuge and has led the efforts to secure acquisition 
        funds for the refuge.
            (3) The people of the San Francisco Bay area and the State 
        of California will benefit, for decades to come, from the 
        tireless efforts of Congressman Don Edwards on behalf of 
        environmental protection and specifically, in establishing the 
        San Francisco Bay National Wildlife Refuge.
            (4) Congressman Don Edwards should most appropriately be 
        recognized for his work by having the San Francisco Bay 
        National Wildlife Refuge visitor center named and dedicated in 
        his honor.

SEC. 502. SAN FRANCISCO BAY NATIONAL WILDLIFE REFUGE NAMED AS DON 
              EDWARDS CENTER FOR ENVIRONMENTAL EDUCATION.

    Within 60 days of enactment, the Secretary of the Interior shall 
rename the San Francisco Bay National Wildlife Refuge visitor center as 
the Don Edwards Center for Environmental Education.

SEC. 503. COST SHARING.

    Notwithstanding any provision of law, the Secretary of the Interior 
may solicit, accept and expend contributions of funds from non-Federal 
sources to help support the costs of operation and maintenance of the 
Don Edwards Center for Environmental Education.

      TITLE VI--AMENDMENTS TO THE COASTAL BARRIER RESOURCES SYSTEM

SEC. 601. CORRECTION TO MAPS.

    (a) In General.--The Secretary of the Interior shall, not later 
than 30 days after the enactment of this Act, make such corrections to 
the maps described in subsection (b) as are necessary to ensure that--
            (1) depictions of areas on the maps are consistent with the 
        depictions of areas appearing on the maps entitled ``Coastal 
        Barrier Resources System'', dated September 27, 1994, and on 
        file with the Secretary of the Interior; and
            (2) the Coastal Barriers Resources System does not include 
        any area that, on the day before the date of the enactment of 
        this Act, was part of unit FL-O5P of the system.
    (b) Maps Described.--The maps described in this subsection are maps 
that--
            (1) are included in a set of maps entitled ``Coastal 
        Barrier Resources System'', dated October 24, 1990; and
            (2) relate to the following units of the Coastal Barrier 
        Resources System: AL-01P, FL-05P, P11A, P17, P17A, P18P, P19P, 
        FL-15, FL-95P, FL-36P, P31P, FL-72P, MI-21, NY-75, and VA-62P.
    (c) Authorization of Appropriations.--Section 12 of Coastal Barrier 
Resources Act (16 U.S.C. 3510) is amended to read as follows:

``SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Secretary for 
carrying out this Act $2,000,000 for each of fiscal years 1995 through 
1998.''.

              TITLE VII--RHINOCEROS AND TIGER CONSERVATION

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Rhinoceros and Tiger Conservation 
Act of 1994''.

SEC. 702. 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 of 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 Protection 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 Fishermen's 
        Protection Act of 1967 (22 U.S.C. 1978), the President 
        announced that the United States would impose trade sanction 
        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 Fishermen'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. 703. 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. 704. DEFINITIONS.

    In this Act--
            (1) ``CITES'' means the Convention of 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 706(a);
            (4) ``Secretary'' means the Secretary of the Interior; and
            (5) ``Administrator'' means the Administrator of the Agency 
        for International Development.

SEC. 705. 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. 706. 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 of 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 705.
            (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 705. 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. 707. 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.
            Amend the title so as to read: ``An Act to direct the 
        Secretary of the Interior to transfer certain national fish 
        hatcheries, and for other purposes.''.
            Attest:






                                                                 Clerk.
103d CONGRESS

  2d Session

                               H. R. 3664

_______________________________________________________________________

                               AMENDMENTS

                                   TO

                           SENATE AMENDMENTS