[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4924 Reported in House (RH)]

                                                 Union Calendar No. 411

103d CONGRESS

  2d Session

                               H. R. 4924

                          [Report No. 103-748]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 26, 1994

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed





                                                 Union Calendar No. 411
103d CONGRESS
  2d Session
                                H. R. 4924

                          [Report No. 103-748]

 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

                           September 26, 1994

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 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.