1.
This Act may be cited as the
American Bald Eagle Recovery and
National Emblem Commemorative Coin Act
.
2.
The Congress finds as
follows:
(1)
The bald eagle was designated as the national emblem of the
United States on June 20, 1782, by our country’s Founding Fathers at the Second
Continental Congress.
(2)
The bald eagle is the greatest visible symbol of the spirit of
freedom and democracy in the world.
(3)
The bald eagle species is unique to North America and represents
the American values and attributes of freedom, courage, strength, spirit,
loyalty, justice, equality, democracy, quality, and excellence.
(4)
The bald eagle is the central image used in the Great Seal of the
United States and the seal of many branches and departments of the United
States Government, including the President and the Vice President of the United
States, the United States Congress, the Department of Defense, the Department
of the Treasury, the Department of Justice, the Department of State, the
Department of Commerce, the Department of Homeland Security, and the United
States Postal Service.
(5)
The bald eagle’s image and symbolism have played a profound role
in establishing and honoring American beliefs and traditions.
(6)
The bald eagle’s image and symbolism have influenced American
art, music, history, literature, commerce, and culture since the founding of
our Nation.
(7)
The bald eagle species was once threatened with possible
extinction in the lower 48 States, but is now making a gradual, encouraging
recovery within America’s lands, waterways, and skies.
(8)
The bald eagle was federally classified as an
endangered
species in 1973 under the
Endangered Species Act of 1973, and,
in 1995, was removed from the endangered
species list and
upgraded to the less imperiled threatened
status under such
Act.
(9)
The administration is likely to officially delist the bald eagle
from both the endangered
and threatened
species
lists under the Endangered Species Act of
1973 by no later than 2008.
(10)
The initial recovery of the bald eagle population in the United
States was accomplished by the vigilant efforts of numerous caring agencies,
corporations, organizations, and citizens.
(11)
The continued caring and concern of the American people and the
further restoration and protection of the bald eagle and its habitat are
necessary to guarantee the full recovery and survival of this precious national
treasure for future generations.
(12)
Since the Endangered Species Act of
1973 requires that delisted species be administratively monitored
for a 5-year period, the bald eagle nests in 49 States will require continual
monitoring after the bald eagle is removed from the protection of such Act; and
such efforts will require substantial funding to the Federal and State agencies
and private organizations that will conduct such monitoring.
(13)
Due to Federal and State budget cutting and balancing trends,
funding for on-going bald eagle care, restoration, monitoring, protection, and
enhancement programs has diminished annually.
(14)
In anticipation of the nationwide observance of the official
removal, by 2008, of the bald eagle from the threatened
species
list under the Endangered Species Act of
1973, and the 35th anniversary, in 2008, of the
Endangered Species Act of 1973 and the
designation of the bald eagle as an endangered
species under
such Act, Congress wishes to offer the opportunity for all persons to
voluntarily participate in raising funds for future bald eagle recovery,
monitoring, and preservation efforts and to contribute to a special American
Eagle Fund endowment managed by the not-for-profit American Eagle Foundation of
Tennessee in the United States, in cooperation with fund management
experts.
(15)
It is appropriate for Congress to authorize coins—
(A)
celebrating the recovery and restoration of the bald eagle, the
living symbol of freedom in the United States, to America’s lands, waterways,
and skies;
(B)
commemorating the removal of the bald eagle from the
endangered
and threatened
species lists under the
Endangered Species Act of 1973;
and
(C)
commemorating the 35th anniversary of the enactment of the
Endangered Species Act of 1973 and the
designation of the bald eagle as an endangered
species under
such Act.
3.
(a)
In celebration of the recovery of the bald eagle, the national
living symbol of freedom, to America’s lands, waterways, and skies and in
commemoration of the 35th anniversary of the enactment of the
Endangered Species Act of 1973 and the
placement of the bald eagle on the endangered species list under such Act, the
Secretary of the Treasury (hereafter in this Act referred to as the
Secretary
) shall mint and issue the following coins:
(1)
Not more than 100,000 $5 coins, which shall—
(A)
weigh 8.359 grams;
(B)
have a diameter of 0.850 inches; and
(C)
contain 90 percent gold and 10 percent alloy.
(2)
Not more than 500,000 $1 coins, which shall—
(A)
weigh 26.73 grams;
(B)
have a diameter of 1.500 inches; and
(C)
contain 90 percent silver and 10 percent copper.
(3)
Not more than 750,000 half dollar coins which shall—
(A)
weigh 11.34 grams;
(B)
have a diameter of 1.205 inches; and
(C)
be minted to the specifications for half dollar coins contained
in section 5112(b) of title 31, United States Code.
(b)
The coins minted under this Act shall be legal tender, as
provided in section 5103 of title 31, United States Code.
(c)
For purposes of sections 5134 and 5136 of title 31, United States
Code, all coins minted under this Act shall be considered to be numismatic
items.
4.
(a)
(1)
The design of the coins minted under this Act shall be emblematic
of the bald eagle and its history, natural biology, and national
symbolism.
(2)
Designation and inscriptions
On each coin minted under this Act there shall be—
(A)
a designation of the value of the coin;
(B)
an inscription of the year 2008
; and
(C)
inscriptions of the words Liberty
, In God
We Trust
, United States of America
, and E
Pluribus Unum
.
(b)
The design for the coins minted under this Act shall be—
(1)
selected by the Secretary after consultation with the Commission
of Fine Arts, and the American Eagle Foundation of Tennessee in the United
States; and
(2)
reviewed by the Citizens Coinage Advisory Committee.
5.
(a)
Coins minted under this Act shall be issued in uncirculated and
proof qualities.
(b)
Only 1 facility of the United States Mint may be used to strike
any particular quality of the coins minted under this Act.
(c)
The Secretary may issue coins minted under this Act only during
the 1-year period beginning on January 1, 2008.
6.
(a)
The coins issued under this Act shall be sold by the Secretary at
a price equal to the sum of—
(1)
the face value of the coins;
(2)
the surcharge provided in section 7(a) with respect to such
coins; and
(3)
the cost of designing and issuing the coins (including labor,
materials, dies, use of machinery, overhead expenses, marketing, and
shipping).
(b)
The Secretary shall make bulk sales of the coins issued under
this Act at a reasonable discount.
(c)
(1)
The Secretary shall accept prepaid orders for the coins minted
under this Act before the issuance of such coins.
(2)
Sale prices with respect to prepaid orders under paragraph (1)
shall be at a reasonable discount.
7.
(a)
All sales of coins minted under this Act shall include a
surcharge as follows:
(1)
A surcharge of $35 per coin for the $5 coin.
(2)
A surcharge of $10 per coin for the $1 coin.
(3)
A surcharge of $3 per coin for the half dollar coin.
(b)
Subject to section 5134(f) of title 31, United States Code, all
surcharges received by the Secretary from the sale of coins issued under this
Act shall be promptly paid by the Secretary to the American Eagle Foundation of
Tennessee in the United States for use solely for the following
purposes:
(1)
To establish an interest-bearing endowment called the
American Eagle Fund
as a permanent source of support for the
care, monitoring, maintenance, and recovery of the bald eagle and its habitat
in the United States, including the following:
(A)
Public education activities and events.
(B)
Habitat purchases and cooperative land agreements.
(C)
Raptor rehabilitation and captive breeding and hacking.
(D)
Behavior and migration research and wintering migration
counts.
(E)
Facilitate the enforcement of laws protecting the bald
eagle.
(F)
Nest-watch monitoring and eaglet banding.
(G)
Public viewing areas and visitor centers.
(2)
To make annual grants, in an amount not to exceed 10 percent of
the annual income of the American Eagle Fund, to Federal, State, and private
eagle restoration, protection, and enhancement projects within the 5 bald eagle
recovery regions established by the United States Fish and Wildlife Service, in
accordance with recommendations made by an advisory committee of recognized
eagle experts which the Foundation shall establish.
(3)
To administer the American Eagle Fund, including contracting for
necessary services, in an annual amount not to exceed the lesser of—
(A)
10 percent of the annual income of the American Eagle Fund;
or
(B)
$250,000.
(4)
To provide financial support for capital projects related to the
restoration and protection of bald eagles in Tennessee and in the United
States, in general.
(5)
To provide financial support for the continuation and expansion
of the efforts of the American Eagle Foundation of Tennessee in the United
States to educate the American people nationally about the livelihood,
symbolism, and protection of the bald eagle, the national symbol of the United
States, through the dissemination of information regarding bald eagles and
their habitat at special events and through the media (including newspapers,
magazines, radio, television, the Internet, and billboards).
(c)The
American Eagle Foundation of Tennessee in the United States and the American
Eagle Fund shall be subject to the audit requirements of section 5134(f)(2) of
title 31, United States Code, with regard to the amounts received by the
Foundation or the Fund under subsection (b).