[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2807 Enrolled Bill (ENR)]

        H.R.2807

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 An Act


 
 To clarify restrictions under the Migratory Bird Treaty Act on baiting 
 and to facilitate acquisition of migratory bird habitat, and for other 
                                purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                 TITLE I--MIGRATORY BIRD TREATY REFORM

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Migratory Bird Treaty Reform Act 
of 1998''.

SEC. 102. ELIMINATING STRICT LIABILITY FOR BAITING.

    Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is 
amended--
        (1) by inserting ``(a)'' after ``Sec. 3.''; and
        (2) by adding at the end the following:
    ``(b) It shall be unlawful for any person to--
        ``(1) take any migratory game bird by the aid of baiting, or on 
    or over any baited area, if the person knows or reasonably should 
    know that the area is a baited area; or
        ``(2) place or direct the placement of bait on or adjacent to 
    an area for the purpose of causing, inducing, or allowing any 
    person to take or attempt to take any migratory game bird by the 
    aid of baiting on or over the baited area.''.

SEC. 103. CRIMINAL PENALTIES.

    Section 6 of the Migratory Bird Treaty Act (16 U.S.C. 707) is 
amended--
        (1) in subsection (a), by striking ``$500'' and inserting 
    ``$15,000'';
        (2) by redesignating subsection (c) as subsection (d); and
        (3) by inserting after subsection (b) the following:
    ``(c) Whoever violates section 3(b)(2) shall be fined under title 
18, United States Code, imprisoned not more than 1 year, or both.''.

SEC. 104. REPORT.

    Not later than 5 years after the date of enactment of this Act, the 
Secretary of the Interior shall submit to the Committee on Environment 
and Public Works of the Senate and the Committee on Resources of the 
House of Representatives a report analyzing the effect of the 
amendments made by section 2, and the general practice of baiting, on 
migratory bird conservation and law enforcement efforts under the 
Migratory Bird Treaty Act (16 U.S.C. 701 et seq.).

         TITLE II--NATIONAL WILDLIFE REFUGE SYSTEM IMPROVEMENT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``National Wildlife Refuge System 
Improvement Act of 1998''.

SEC. 202. UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE AND FISH REFUGE.

    (a) In General.--In accordance with section 4(a)(5) of the National 
Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
668dd(a)(5)), there are transferred to the Corps of Engineers, without 
reimbursement, approximately 37.36 acres of land of the Upper 
Mississippi River Wildlife and Fish Refuge in the State of Minnesota, 
as designated on the map entitled ``Upper Mississippi National Wildlife 
and Fish Refuge lands transferred to Corps of Engineers'', dated 
January 1998, and available, with accompanying legal descriptions of 
the land, for inspection in appropriate offices of the United States 
Fish and Wildlife Service.
    (b) Conforming Amendments.--The first section and section 2 of the 
Upper Mississippi River Wild Life and Fish Refuge Act (16 U.S.C. 721, 
722) are amended by striking ``Upper Mississippi River Wild Life and 
Fish Refuge'' each place it appears and inserting ``Upper Mississippi 
River National Wildlife and Fish Refuge''.

SEC. 203. KILLCOHOOK COORDINATION AREA.

    (a) In General.--In accordance with section 4(a)(5) of the National 
Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
668dd(a)(5)), the jurisdiction of the United States Fish and Wildlife 
Service over approximately 1,439.26 acres of land in the States of New 
Jersey and Delaware, known as the ``Killcohook Coordination Area'', as 
established by Executive Order No. 6582, issued February 3, 1934, and 
Executive Order No. 8648, issued January 23, 1941, is terminated.
    (b) Executive Orders.--Executive Order No. 6582, issued February 3, 
1934, and Executive Order No. 8648, issued January 23, 1941, are 
revoked.

SEC. 204. LAKE ELSIE NATIONAL WILDLIFE REFUGE.

    (a) In General.--In accordance with section 4(a)(5) of the National 
Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
668dd(a)(5)), the jurisdiction of the United States Fish and Wildlife 
Service over approximately 634.7 acres of land and water in Richland 
County, North Dakota, known as the ``Lake Elsie National Wildlife 
Refuge'', as established by Executive Order No. 8152, issued June 12, 
1939, is terminated.
    (b) Executive Order.--Executive Order No. 8152, issued June 12, 
1939, is revoked.

SEC. 205. KLAMATH FOREST NATIONAL WILDLIFE REFUGE.

    Section 28 of the Act of August 13, 1954 (25 U.S.C. 564w-1), is 
amended in subsections (f) and (g) by striking ``Klamath Forest 
National Wildlife Refuge'' each place it appears and inserting 
``Klamath Marsh National Wildlife Refuge''.

SEC. 206. VIOLATION OF NATIONAL WILDLIFE REFUGE SYSTEM ADMINISTRATION 
              ACT.

    Section 4 of the National Wildlife Refuge System Administration Act 
of 1966 (16 U.S.C. 668dd) is amended--
        (1) in the first sentence of subsection (c), by striking 
    ``knowingly''; and
        (2) in subsection (f)--
            (A) by striking ``(f) Any'' and inserting the following:
    ``(f) Penalties.--
        ``(1) Knowing violations.--Any'';
            (B) by inserting ``knowingly'' after ``who''; and
            (C) by adding at the end the following:
        ``(2) Other violations.--Any person who otherwise violates or 
    fails to comply with any of the provisions of this Act (including a 
    regulation issued under this Act) shall be fined under title 18, 
    United States Code, or imprisoned not more than 180 days, or 
    both.''.

              TITLE III--WETLANDS AND WILDLIFE ENHANCEMENT

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Wetlands and Wildlife Enhancement 
Act of 1998''.

SEC. 302. REAUTHORIZATION OF NORTH AMERICAN WETLANDS CONSERVATION ACT.

    Section 7(c) of the North American Wetlands Conservation Act (16 
U.S.C. 4406(c)) is amended by striking ``not to exceed'' and all that 
follows and inserting ``not to exceed $30,000,000 for each of fiscal 
years 1999 through 2003.''.

SEC. 303. REAUTHORIZATION OF PARTNERSHIPS FOR WILDLIFE ACT.

    Section 7105(h) of the Partnerships for Wildlife Act (16 U.S.C. 
3744(h)) is amended by striking ``for each of fiscal years'' and all 
that follows and inserting ``not to exceed $6,250,000 for each of 
fiscal years 1999 through 2003.''.

SEC. 304. MEMBERSHIP OF THE NORTH AMERICAN WETLANDS CONSERVATION 
              COUNCIL.

    (a) In General.--Notwithstanding section 4(a)(1)(D) of the North 
American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(D)), during 
the period of 1999 through 2002, the membership of the North American 
Wetlands Conservation Council under section 4(a)(1)(D) of that Act 
shall consist of--
        (1) 1 individual who shall be the Group Manager for 
    Conservation Programs of Ducks Unlimited, Inc. and who shall serve 
    for 1 term of 3 years beginning in 1999; and
        (2) 2 individuals who shall be appointed by the Secretary of 
    the Interior in accordance with section 4 of that Act and who shall 
    each represent a different organization described in section 
    4(a)(1)(D) of that Act.
    (b) Publication of Policy.--Not later than June 30, 1999, the 
Secretary of the Interior shall publish in the Federal Register, after 
notice and opportunity for public comment, a policy for making 
appointments under section 4(a)(1)(D) of the North American Wetlands 
Conservation Act (16 U.S.C. 4403(a)(1)(D)).

              TITLE IV--RHINOCEROS AND TIGER CONSERVATION

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Rhinoceros and Tiger Conservation 
Act of 1998''.

SEC. 402. FINDINGS.

    Congress finds that--
        (1) the populations of all but 1 species of rhinoceros, and the 
    tiger, have significantly declined in recent years and continue to 
    decline;
        (2) these species of rhinoceros and tiger are listed as 
    endangered species under the Endangered Species Act of 1973 (16 
    U.S.C. 1531 et seq.) and listed on Appendix I of the Convention on 
    International Trade in Endangered Species of Wild Fauna and Flora, 
    signed on March 3, 1973 (27 UST 1087; TIAS 8249) (referred to in 
    this title as ``CITES'');
        (3) the Parties to CITES have adopted several resolutions--
            (A) relating to the conservation of tigers (Conf. 9.13 
        (Rev.)) and rhinoceroses (Conf. 9.14), urging Parties to CITES 
        to implement legislation to reduce illegal trade in parts and 
        products of the species; and
            (B) relating to trade in readily recognizable parts and 
        products of the species (Conf. 9.6), and trade in traditional 
        medicines (Conf. 10.19), recommending that Parties ensure that 
        their legislation controls trade in those parts and 
        derivatives, and in medicines purporting to contain them;
        (4) a primary cause of the decline in the populations of tiger 
    and most rhinoceros species is the poaching of the species for use 
    of their parts and products in traditional medicines;
        (5) there are insufficient legal mechanisms enabling the United 
    States Fish and Wildlife Service to interdict products that are 
    labeled or advertised as containing substances derived from 
    rhinoceros or tiger species and prosecute the merchandisers for 
    sale or display of those products; and
        (6) legislation is required to ensure that--
            (A) products containing, or labeled or advertised as 
        containing, rhinoceros parts or tiger parts are prohibited from 
        importation into, or exportation from, the United States; and
            (B) efforts are made to educate persons regarding 
        alternatives for traditional medicine products, the illegality 
        of products containing, or labeled or advertised as containing, 
        rhinoceros parts and tiger parts, and the need to conserve 
        rhinoceros and tiger species generally.

SEC. 403. PURPOSES OF THE RHINOCEROS AND TIGER CONSERVATION ACT OF 
              1994.

    Section 3 of the Rhinoceros and Tiger Conservation Act of 1994 (16 
U.S.C. 5302) is amended by adding at the end the following:
        ``(3) To prohibit the sale, importation, and exportation of 
    products intended for human consumption or application containing, 
    or labeled or advertised as containing, any substance derived from 
    any species of rhinoceros or tiger.''.

SEC. 404. DEFINITION OF PERSON.

    Section 4 of the Rhinoceros and Tiger Conservation Act of 1994 (16 
U.S.C. 5303) is amended--
        (1) in paragraph (4), by striking ``and'' at the end;
        (2) in paragraph (5), by striking the period at the end and 
    inserting ``; and''; and
        (3) by adding at the end the following:
        ``(6) `person' means--
            ``(A) an individual, corporation, partnership, trust, 
        association, or other private entity;
            ``(B) an officer, employee, agent, department, or 
        instrumentality of--
                ``(i) the Federal Government;
                ``(ii) any State, municipality, or political 
            subdivision of a State; or
                ``(iii) any foreign government;
            ``(C) a State, municipality, or political subdivision of a 
        State; or
            ``(D) any other entity subject to the jurisdiction of the 
        United States.''.

SEC. 405. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF PRODUCTS 
              LABELED OR ADVERTISED AS RHINOCEROS OR TIGER PRODUCTS.

    The Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 
et seq.) is amended--
        (1) by redesignating section 7 as section 9; and
        (2) by inserting after section 6 the following:

``SEC. 7. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF PRODUCTS 
              LABELED OR ADVERTISED AS RHINOCEROS OR TIGER PRODUCTS.

    ``(a) Prohibition.--A person shall not sell, import, or export, or 
attempt to sell, import, or export, any product, item, or substance 
intended for human consumption or application containing, or labeled or 
advertised as containing, any substance derived from any species of 
rhinoceros or tiger.
    ``(b) Penalties.--
        ``(1) Criminal penalty.--A person engaged in business as an 
    importer, exporter, or distributor that knowingly violates 
    subsection (a) shall be fined under title 18, United States Code, 
    imprisoned not more than 6 months, or both.
        ``(2) Civil penalties.--
            ``(A) In general.--A person that knowingly violates 
        subsection (a), and a person engaged in business as an 
        importer, exporter, or distributor that violates subsection 
        (a), may be assessed a civil penalty by the Secretary of not 
        more than $12,000 for each violation.
            ``(B) Manner of assessment and collection.--A civil penalty 
        under this paragraph shall be assessed, and may be collected, 
        in the manner in which a civil penalty under the Endangered 
        Species Act of 1973 may be assessed and collected under section 
        11(a) of that Act (16 U.S.C. 1540(a)).
    ``(c) Products, Items, and Substances.--Any product, item, or 
substance sold, imported, or exported, or attempted to be sold, 
imported, or exported, in violation of this section or any regulation 
issued under this section shall be subject to seizure and forfeiture to 
the United States.
    ``(d) Regulations.--After consultation with the Secretary of the 
Treasury, the Secretary of Health and Human Services, and the United 
States Trade Representative, the Secretary shall issue such regulations 
as are appropriate to carry out this section.
    ``(e) Enforcement.--The Secretary, the Secretary of the Treasury, 
and the Secretary of the department in which the Coast Guard is 
operating shall enforce this section in the manner in which the 
Secretaries carry out enforcement activities under section 11(e) of the 
Endangered Species Act of 1973 (16 U.S.C. 1540(e)).
    ``(f) Use of Penalty Amounts.--Amounts received as penalties, 
fines, or forfeiture of property under this section shall be used in 
accordance with section 6(d) of the Lacey Act Amendments of 1981 (16 
U.S.C. 3375(d)).''.

SEC. 406. EDUCATIONAL OUTREACH PROGRAM.

    The Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 
et seq.) (as amended by section 405) is amended by inserting after 
section 7 the following:

``SEC. 8. EDUCATIONAL OUTREACH PROGRAM.

    ``(a) In General.--Not later than 180 days after the date of 
enactment of this section, the Secretary shall develop and implement an 
educational outreach program in the United States for the conservation 
of rhinoceros and tiger species.
    ``(b) Guidelines.--The Secretary shall publish in the Federal 
Register guidelines for the program.
    ``(c) Contents.--Under the program, the Secretary shall publish and 
disseminate information regarding--
        ``(1) laws protecting rhinoceros and tiger species, in 
    particular laws prohibiting trade in products containing, or 
    labeled or advertised as containing, their parts;
        ``(2) use of traditional medicines that contain parts or 
    products of rhinoceros and tiger species, health risks associated 
    with their use, and available alternatives to the medicines; and
        ``(3) the status of rhinoceros and tiger species and the 
    reasons for protecting the species.''.

SEC. 407. AUTHORIZATION OF APPROPRIATIONS.

    Section 9 of the Rhinoceros and Tiger Conservation Act of 1994 (16 
U.S.C. 5306) (as redesignated by section 405(1)) is amended by striking 
``1996, 1997, 1998, 1999, and 2000'' and inserting ``1996 through 
2002''.

                   TITLE V--CHESAPEAKE BAY INITIATIVE

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Chesapeake Bay Initiative Act of 
1998''.

SEC. 502. CHESAPEAKE BAY GATEWAYS AND WATERTRAILS.

    (a) Chesapeake Bay Gateways and Watertrails Network.--
        (1) In general.--The Secretary of the Interior (referred to in 
    this section as the ``Secretary''), in cooperation with the 
    Administrator of the Environmental Protection Agency (referred to 
    in this section as the ``Administrator''), shall provide technical 
    and financial assistance, in cooperation with other Federal 
    agencies, State and local governments, nonprofit organizations, and 
    the private sector--
            (A) to identify, conserve, restore, and interpret natural, 
        recreational, historical, and cultural resources within the 
        Chesapeake Bay Watershed;
            (B) to identify and utilize the collective resources as 
        Chesapeake Bay Gateways sites for enhancing public education of 
        and access to the Chesapeake Bay;
            (C) to link the Chesapeake Bay Gateways sites with trails, 
        tour roads, scenic byways, and other connections as determined 
        by the Secretary;
            (D) to develop and establish Chesapeake Bay Watertrails 
        comprising water routes and connections to Chesapeake Bay 
        Gateways sites and other land resources within the Chesapeake 
        Bay Watershed; and
            (E) to create a network of Chesapeake Bay Gateways sites 
        and Chesapeake Bay Watertrails.
        (2) Components.--Components of the Chesapeake Bay Gateways and 
    Watertrails Network may include--
            (A) State or Federal parks or refuges;
            (B) historic seaports;
            (C) archaeological, cultural, historical, or recreational 
        sites; or
            (D) other public access and interpretive sites as selected 
        by the Secretary.
    (b) Chesapeake Bay Gateways Grants Assistance Program.--
        (1) In general.--The Secretary, in cooperation with the 
    Administrator, shall establish a Chesapeake Bay Gateways Grants 
    Assistance Program to aid State and local governments, local 
    communities, nonprofit organizations, and the private sector in 
    conserving, restoring, and interpreting important historic, 
    cultural, recreational, and natural resources within the Chesapeake 
    Bay Watershed.
        (2) Criteria.--The Secretary, in cooperation with the 
    Administrator, shall develop appropriate eligibility, 
    prioritization, and review criteria for grants under this section.
        (3) Matching funds and administrative expenses.--A grant under 
    this section--
            (A) shall not exceed 50 percent of eligible project costs;
            (B) shall be made on the condition that non-Federal 
        sources, including in-kind contributions of services or 
        materials, provide the remainder of eligible project costs; and
            (C) shall be made on the condition that not more than 10 
        percent of all eligible project costs be used for 
        administrative expenses.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $3,000,000 for each of fiscal 
years 1999 through 2003.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.