[Congressional Record Volume 144, Number 145 (Tuesday, October 13, 1998)]
[Senate]
[Pages S12438-S12442]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                MIGRATORY BIRD TREATY REFORM ACT OF 1998

  Mr. DeWINE. Mr. President, I ask unanimous consent that the Senate 
now proceed to the consideration of Calendar No. 699, H.R. 2863.
  The PRESIDENT pro tempore. The clerk will report.
  The legislative clerk read as follows:

       A bill (H.R. 2863) to amend the Migratory Bird Treaty Act 
     to clarify restrictions under that Act on baiting, to 
     facilitate acquisition of migratory bird habitat, and for 
     other purposes.

  The PRESIDENT pro tempore. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the 
bill, which had been reported from the Committee on Environment and 
Public Works, with an amendment; as follows:

  (The parts of the bill intended to be inserted are shown in italic)

                               H.R. 2863

     SECTION 1. SHORT TITLE.

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

     SEC. 2. 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. 3. CRIMINAL PENALTIES.

       Section 6(a) of the Migratory Bird Treaty Act (16 U.S.C. 
     707(a)) is amended--
       (1) by striking ``thereof shall be fined not more than 
     $500'' and inserting the following: ``thereof--
       ``(1) shall be fined not more than $10,000'';
       (2) in paragraph (1) (as designated by paragraph (1)), by 
     striking the period at the end and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(2) in the case of a violation of paragraph (1) or (2) of 
     section 3(b) that is committed in connection with guiding, 
     outfitting, or providing any other service offered, provided, 
     or obtained in exchange for money or other consideration, 
     shall be fined under title 18, United States Code, imprisoned 
     not more than 1 year, or both.''.

     SEC. 4. 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.).

  Mr. DeWINE. Mr. President, I ask unanimous consent that the committee 
amendment be agreed to. And Senator Chafee has two amendments at the 
desk. I ask that they be considered en bloc.
  The PRESIDENT pro tempore. Without objection, it is so ordered.
  The committee amendment was agreed to.


                           Amendment No. 3819

(Purpose: To add other wildlife-related and water-related provisions to 
                               the bill)

  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Ohio (Mr. DeWine), for Mr. Chafee, 
     proposes an amendment numbered 3819.

  (The text of the amendment is printed in today's Record under 
``Amendments Submitted.'')


                           Amendment No. 3820

   (Purpose: To increase and change the application of the criminal 
                          penalty provisions)

  The assistant legislative clerk read as follows:

       The Senator from Ohio (Mr. DeWine), for Mr. Chafee, 
     proposes an amendment numbered 3820.
  The amendment is as follows:

       On page 2, line 21, strike ``$10,000'' and insert 
     ``$15,000''.
       On page 3, strike lines 1 through 7 and insert the 
     following:
       ``(2) in the case of a violation of section 3(b)(2), shall 
     be fined under title 18, United States Code, imprisoned not 
     more than 1 year, or both.''.

  Mr. CHAFEE. Mr. President, I am pleased that this package of fish and 
wildlife bills is being considered by the Senate today. It is a package 
that combines some very popular bills with some wonderful conservation 
initiatives approved by the Committee on Environment and Public Works. 
It represents an effort on the part of both the Senate and the House to 
quickly move these bills in the waning days of the 105th Congress. I 
would like to enumerate the components of this package.
  The first item is H.R. 2863, a bill that amends the Migratory Bird 
Treaty Act with respect to offenses relating to the baiting of 
migratory birds. This bill was reported by the Environment and Public 
Works Committee on Friday, October 2.
  I am including an amendment that makes two changes to the bill, as it 
was reported out of the EPW Committee. The first change is to increase 
the penalty under section 6(a) of the Migratory Bird Treaty Act from 
$10,000 to $15,000. This change is not intended to affect the 
classification of the offense, which is currently a class B 
misdemeanor. Indeed, in United States v. Clavette, the ninth circuit 
held that the fine may be as much as $25,000 and still be considered a 
class B misdemeanor.
  The second change is to eliminate the higher penalty for persons who 
violate section 3(b) of the Migratory Bird Treaty Act in connection 
with guiding, outfitting, or providing other service in exchange for 
money or other consideration. The intent of this provision was to 
discourage commercial operations from engaging in baiting in order to 
spur their business. However, the language in the reported bill was 
extremely broad. In addition, some existing laws, such as the Lacey 
Act, already provide that commercial operations may be subject to 
higher penalties.
  In lieu of the higher penalty for commercial operations, the 
amendment that I offer today provides a higher penalty for persons who 
violate section 3(b)(2) of the Migratory Bird Treaty Act. Section 
3(b)(2) prohibits 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. This penalty would entail fines under title 28 of 
the United States Code, or imprisonment of not more than one year, or 
both. Baiting would thus be a class A misdemeanor. The purpose of this 
higher penalty is to send a strong message to the public that baiting 
is a serious offense.
  Mr. President, these changes have been discussed with Senator 
Breaux's staff, House Resources Committee staff, the administration, 
and the International Association of Fish and Wildlife Agencies, and 
have met with the approval of all interested parties. I believe that 
this amendment improves the bill as passed by the committee.
  The second item included in the package is S. 2317, which makes 
several changes to the National Wildlife Refuge System Administration 
Act of 1966. First, it removes three areas from the Refuge System that 
have lost the habitat value that led to their being incorporated into 
the Refuge System. Second, it changes the name of the Klamath Forest 
National Wildlife Refuge in Oregon to the Klamath Marsh National 
Wildlife Refuge. The current name leads visitors to believe that it is 
a national forest, causing confusion over what activities are 
permitted. Finally, it reduces the penalty for unintentional violations 
of the National Wildlife Refuge System Administration Act. Currently, 
all violations of the act are class A misdemeanors, regardless of 
whether or not it was an intentional violation. Unintentional 
violations will now be a class B misdemeanor.
  The third item included in the package is S. 361, sponsored by 
Senator Jeffords and approved by the Committee on Environment and 
Public Works on July 22, 1998. This item prohibits the import, export 
and trade in products that contain, or that are labeled or advertised 
as containing, rhino and tiger parts, in an effort to reduce the supply

[[Page S12439]]

and demand of those products in the United States. It requires a public 
outreach program in the United States to complement the prohibitions. 
Lastly, it reauthorizes the Rhinoceros and Tiger Conservation Act 
through 2002.
  As a related matter, I would like to note that even as Congress 
reaffirms and strengthens the laws for the conservation of rhinos and 
tigers, funding for implementation of these laws is woefully 
inadequate. This year--the Year of the Tiger--the administration 
requested only $400,000 for implementing the Rhinoceros and Tiger 
Conservation Act. The Act is authorized to be appropriated up to $10 
million annually. I strongly urge the administration, for fiscal year 
2000, to request funding commensurate with the dire situation facing 
rhinos, and particularly tigers, in the wild.
  The fourth item included in the package is S. 1677, the Wetlands and 
Wildlife Enhancement Act of 1998. This bill reauthorizes the North 
American Wetlands Conservation Act (NAWCA)--a law that has played a 
central role in the conservation of wetlands habitat across the 
continent. I introduced the bill last February, and have been joined by 
58 of my colleagues from 42 States in sponsoring S. 1677. There are 35 
Republican cosponsors and 23 Democrat cosponsors. This tremendous 
showing of bipartisan support is a tribute to one of the great success 
stories in wildlife conservation.
  The fifth item in the package includes provisions relating to 
protection of the Chesapeake Bay, and the research of pfiesteria.
  Mr. President, this package contains some very popular bills and very 
worthwhile conservation programs. It represents the fruits of many 
months of work by both the House Resources Committee and the Senate 
Environment and Public Works Committee. In particular, I would like to 
thank Chairman Don Young and his staff, Harry Burroughs, for their 
cooperation on these bills, and in putting together this package.
  Mr. President, I also ask unanimous consent that the report by the 
Congressional Budget Office for the bill, H.R. 2863, as approved by the 
Committee on Environment and Public Works, be printed in the Record. 
When the Committee filed its report on the bill, CBO had not yet 
completed its analysis, so it was not included. I would now like it to 
be part of the public record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                    U.S. Congress,


                                  Congressional Budget Office,

                                  Washington, DC, October 8, 1998.
     Hon. John F. Chafee,
     Chairman, Committee on Environment and Public Works, U.S. 
         Senate, Washington, DC.
       Dear Mr. Chairman: The Congressional Budget Office has 
     prepared the enclosed cost estimate for H.R. 2863, the 
     Migratory Bird Treaty Reform Act of 1998.
       If you wish further details on this estimate, we will be 
     pleased to provide them. The CBO staff contacts are Deborah 
     Reis (for federal costs), who can be reached at 226-2860, and 
     Hester Grippando (for revenues), who can be reached at 226-
     2720.
           Sincerely,
                                                     James L. Blum
                                  (For June E. O'Neill, Director).
       Enclosure.

       CONGRESSIONAL BUDGET OFFICE COST ESTIMATE, OCTOBER 8, 1998

          H.R. 2863: Migratory Bird Treaty Reform Act of 1998

(As reported by the Senate Committee on Environment and Public Works on 
                            October 5, 1998)

       Assuming appropriation of the necessary amounts, CBO 
     estimates that implementing H.R. 2863 would cost the U.S. 
     Fish and Wildlife Service (USFWS) less than $200,000 over the 
     next five years to prepare a report on migratory bird 
     conservation issues. Because sections 2 and 3 of the 
     legislation may affect receipts from criminal fines, pay-as-
     you-go procedures would apply. We estimate that any changes 
     in receipts would be negligible, however, and would be 
     largely offset by resulting changes in direct spending from 
     the Crime Victims Fund (into which criminal fines are 
     deposited). H.R. 2863 contains no intergovernmental or 
     private-sector mandates as defined in the Unfunded Mandates 
     Reform Act and would not affect the budgets of state, local, 
     or tribal governments.
       Section 2 of H.R. 2863 would codify a standard for 
     determining when someone is guilty of hunting migratory birds 
     over an area baited with bird feed. At present, there is no 
     statutory rule for deciding the issue; thus, the standard is 
     determined by the courts and differs from jurisdiction to 
     jurisdiction. In most areas of the country, courts usually 
     apply strict liability--anyone found hunting over a baited 
     field is guilty of violating federal law whether the person 
     knew that the area was baited or not. In contrast, H.R. 2863 
     would establish a national standard, presently applied in 
     only a few states, that would make it unlawful for a person 
     to hunt over a field only if that person knows or reasonably 
     should know that the area is baited.
       It is possible that applying a new standard regarding the 
     hunting of migratory birds, as would be required by section 
     2, could make it more difficult for some prosecutors to prove 
     that the law has been violated, resulting in fewer 
     convictions in some states. CBO estimates, however, that the 
     aggregate decrease in federal revenues from fines would be 
     insignificant because the overall conviction rate would be 
     unlikely to fall by much--these rates are already extremely 
     high in all states, regardless of which standard is applied.
       Similarly, CBO estimates that section 3 of this 
     legislation, which would raise from $500 to $10,000 the 
     maximum criminal penalty for certain violations of the 
     Migratory Bird Treaty Act, would not cause any significant 
     increase in revenues from fines because we expect that 
     prosecutors would be very unlikely to ask for higher 
     penalties than they currently seek. (The government rarely 
     imposes the current $500 maximum fine in the more than 1,000 
     cases it prosecutes annually.) In any case, changes in 
     revenues from enacting H.R. 2863 would result in offsetting 
     changes in direct spending from the Crime Victims Fund.
       This estimate is based on information provided by the 
     USFWS, the Office of Management and Budget, and federal law 
     enforcement officers.
       On May 14, 1998, CBO prepared a cost estimate for H.R. 
     2863, as ordered reported by the House Committee on Resources 
     on April 29, 1998. This estimate, for the Senate version of 
     H.R. 2863, differs from the previous one because it includes 
     the budgetary effects of two added provisions: the reporting 
     requirement contained in section 4 and the increase in 
     certain maximum penalties contained in section 3.
       The CBO staff contacts for this estimate are Deborah Reis 
     (for federal costs), who can be reached at 226-2860, and 
     Hester Grippando (for revenues), who can be reached at 226-
     2720. This estimate was approved by Robert A. Sunshine, 
     Deputy Assistant Director for Budget Analysis.

  Mr. DeWINE. Mr. President, I ask unanimous consent that the 
amendments be agreed to en bloc and the bill be read a third time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments (Nos. 3819 and 3820) were agreed to.
  The bill (H.R. 2863) was read the third time.
  Mr. DeWINE. I further ask unanimous consent that the Environment 
Committee be immediately discharged from consideration of H.R. 2807, 
and the Senate proceed then to its consideration.
  I further ask that all after the enacting clause be stricken and the 
text of H.R. 2863 be inserted in lieu thereof, the bill be read a third 
time and passed, the motion to reconsider be laid upon the table, and 
that any statements relating to the bill appear at this point in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 2807), as amended, was passed, as follows:

       Resolved, That the bill from the House of Representatives 
     (H.R. 2807) entitled ``An Act to amend the Rhinoceros and 
     Tiger Conservation Act of 1994 to prohibit the sale, 
     importation, and exportation of products labeled as 
     containing substances derived from rhinoceros or tiger.'', do 
     pass with the following amendment:
       Strike out all after the enacting clause and insert:
                 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(a) of the Migratory Bird Treaty Act (16 U.S.C. 
     707(a)) is amended--
       (1) by striking ``thereof shall be fined not more than 
     $500'' and inserting the following: ``thereof--
       ``(1) shall be fined not more than $15,000'';
       (2) in paragraph (1) (as designated by paragraph (1)), by 
     striking the period at the end and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(2) in the case of a violation of section 3(b)(2), shall 
     be fined under title 18, United

[[Page S12440]]

     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

[[Page S12441]]

     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 INITIATIVES

     SEC. 501. SHORT TITLE.

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

     SEC. 502. CHESAPEAKE BAY.

       Section 117 of the Federal Water Pollution Control Act (33 
     U.S.C. 1267) is amended to read as follows:

     ``SEC. 117. CHESAPEAKE BAY.

       ``(a) Definitions.--In this section:
       ``(1) Chesapeake bay agreement.--The term `Chesapeake Bay 
     Agreement' means the formal, voluntary agreements, 
     amendments, directives, and adoption statements executed to 
     achieve the goal of restoring and protecting the Chesapeake 
     Bay ecosystem and the living resources of the ecosystem and 
     signed by the Chesapeake Executive Council.
       ``(2) Chesapeake bay program.--The term `Chesapeake Bay 
     Program' means the program directed by the Chesapeake 
     Executive Council in accordance with the Chesapeake Bay 
     Agreement.
       ``(3) Chesapeake bay watershed.--The term `Chesapeake Bay 
     watershed' shall have the meaning determined by the 
     Administrator.
       ``(4) Chesapeake executive council.--The term `Chesapeake 
     Executive Council' means the signatories to the Chesapeake 
     Bay Agreement.
       ``(5) Signatory jurisdiction.--The term `signatory 
     jurisdiction' means a jurisdiction of a signatory to the 
     Chesapeake Bay Agreement.
       ``(b) Continuation of Chesapeake Bay Program.--
       ``(1) In general.--In cooperation with the Chesapeake 
     Executive Council (and as a member of the Council), the 
     Administrator shall continue the Chesapeake Bay Program.
       ``(2) Program office.--The Administrator shall maintain in 
     the Environmental Protection Agency a Chesapeake Bay Program 
     Office. The Chesapeake Bay Program Office shall provide 
     support to the Chesapeake Executive Council by--
       ``(A) implementing and coordinating science, research, 
     modeling, support services, monitoring, data collection, and 
     other activities that support the Chesapeake Bay Program;
       ``(B) developing and making available, through 
     publications, technical assistance, and other appropriate 
     means, information pertaining to the environmental quality 
     and living resources of the Chesapeake Bay;
       ``(C) assisting the signatories to the Chesapeake Bay 
     Agreement, in cooperation with appropriate Federal, State, 
     and local authorities, in developing and implementing 
     specific action plans to carry out the responsibilities of 
     the signatories to the Chesapeake Bay Agreement;
       ``(D) coordinating the actions of the Environmental 
     Protection Agency with the actions of the appropriate 
     officials of other Federal agencies and State and local 
     authorities in developing strategies to--
       ``(i) improve the water quality and living resources of the 
     Chesapeake Bay; and
       ``(ii) obtain the support of the appropriate officials of 
     the agencies and authorities in achieving the objectives of 
     the Chesapeake Bay Agreement; and
       ``(E) implementing outreach programs for public 
     information, education, and participation to foster 
     stewardship of the resources of the Chesapeake Bay.
       ``(c) Interagency Agreements.--The Administrator may enter 
     into an interagency agreement with a Federal agency to carry 
     out this section.
       ``(d) Technical Assistance and Assistance Grants.--
       ``(1) In general.--In consultation with other members of 
     the Chesapeake Executive Council, the Administrator may 
     provide technical assistance, and assistance grants, to 
     nonprofit private organizations and individuals, State and 
     local governments, colleges, universities, and interstate 
     agencies to carry out this section, subject to such terms and 
     conditions as the Administrator considers appropriate.
       ``(2) Federal share.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Federal share of an assistance grant provided under 
     paragraph (1) shall be determined by the Administrator in 
     accordance with Environmental Protection Agency guidance.
       ``(B) Small watershed grants program.--The Federal share of 
     an assistance grant provided under paragraph (1) to carry out 
     an implementing activity under subsection (g)(2) shall not 
     exceed 75 percent of eligible project costs, as determined by 
     the Administrator.
       ``(3) Non-federal share.--An assistance grant under 
     paragraph (1) shall be provided on the condition that non-
     Federal sources provide the remainder of eligible project 
     costs, as determined by the Administrator.
       ``(4) Administrative costs.--Administrative costs 
     (including salaries, overhead, and indirect costs for 
     services provided and charged against projects supported by 
     funds made available under this subsection) incurred by a 
     person described in paragraph (1) in carrying out a project 
     under this subsection during a fiscal year shall not exceed 
     10 percent of the grant made to the person under this 
     subsection for the fiscal year.
       ``(e) Implementation Grants.--
       ``(1) In general.--If a signatory jurisdiction has approved 
     and committed to implement all or substantially all aspects 
     of the Chesapeake Bay Agreement, on the request of the chief 
     executive of the jurisdiction, the Administrator shall make a 
     grant to the jurisdiction for the purpose of implementing the 
     management mechanisms established under the Chesapeake Bay 
     Agreement, subject to such terms and conditions as the 
     Administrator considers appropriate.
       ``(2) Proposals.--A signatory jurisdiction described in 
     paragraph (1) may apply for a grant under this subsection for 
     a fiscal year by submitting to the Administrator a 
     comprehensive proposal to implement management mechanisms 
     established under the Chesapeake Bay Agreement. The proposal 
     shall include--
       ``(A) a description of proposed management mechanisms that 
     the jurisdiction commits to take within a specified time 
     period, such as reducing or preventing pollution in the 
     Chesapeake Bay and to meet applicable water quality 
     standards; and
       ``(B) the estimated cost of the actions proposed to be 
     taken during the fiscal year.
       ``(3) Approval.--If the Administrator finds that the 
     proposal is consistent with the Chesapeake Bay Agreement and 
     the national goals established under section 101(a), the 
     Administrator may approve the proposal for a fiscal year.
       ``(4) Federal share.--The Federal share of an 
     implementation grant provided under this subsection shall not 
     exceed 50 percent of the costs of implementing the management 
     mechanisms during the fiscal year.
       ``(5) Non-federal share.--An implementation grant under 
     this subsection shall be made on the condition that non-
     Federal sources provide the remainder of the costs of 
     implementing the management mechanisms during the fiscal 
     year.
       ``(6) Administrative costs.--Administrative costs 
     (including salaries, overhead, and indirect costs for 
     services provided and charged against projects supported by 
     funds made available under this subsection) incurred by a 
     signatory jurisdiction in carrying out a project under this 
     subsection during a fiscal year shall not exceed 10 percent 
     of the grant made to the jurisdiction under this subsection 
     for the fiscal year.
       ``(f) Compliance of Federal Facilities.--
       ``(1) Subwatershed planning and restoration.--A Federal 
     agency that owns or operates a facility (as defined by the 
     Administrator) within the Chesapeake Bay watershed shall 
     participate in regional and subwatershed planning and 
     restoration programs.
       ``(2) Compliance with agreement.--The head of each Federal 
     agency that owns or occupies real property in the Chesapeake 
     Bay watershed shall ensure that the property, and actions 
     taken by the agency with respect to the property, comply with 
     the Chesapeake Bay Agreement.
       ``(g) Chesapeake Bay Watershed, Tributary, and River Basin 
     Program.--
       ``(1) Nutrient and water quality management strategies.--
     Not later than 1 year after the date of enactment of this 
     subsection, the Administrator, in consultation with other 
     members of the Chesapeake Executive Council, shall ensure 
     that management plans are developed and implementation is 
     begun by signatories to the Chesapeake Bay Agreement for the 
     tributaries of the Chesapeake Bay to achieve and maintain--

[[Page S12442]]

       ``(A) the nutrient goals of the Chesapeake Bay Agreement 
     for the quantity of nitrogen and phosphorus entering the main 
     stem Chesapeake Bay;
       ``(B) the water quality requirements necessary to restore 
     living resources in both the tributaries and the main stem of 
     the Chesapeake Bay;
       ``(C) the Chesapeake Bay basinwide toxics reduction and 
     prevention strategy goal of reducing or eliminating the input 
     of chemical contaminants from all controllable sources to 
     levels that result in no toxic or bioaccumulative impact on 
     the living resources that inhabit the Bay or on human health; 
     and
       ``(D) habitat restoration, protection, and enhancement 
     goals established by Chesapeake Bay Agreement signatories for 
     wetlands, forest riparian zones, and other types of habitat 
     associated with the Chesapeake Bay and the tributaries of the 
     Chesapeake Bay.
       ``(2) Small watershed grants program.--The Administrator, 
     in consultation with other members of the Chesapeake 
     Executive Council, may offer the technical assistance and 
     assistance grants authorized under subsection (d) to local 
     governments and nonprofit private organizations and 
     individuals in the Chesapeake Bay watershed to implement--
       ``(A) cooperative tributary basin strategies that address 
     the Chesapeake Bay's water quality and living resource needs; 
     or
       ``(B) locally based protection and restoration programs or 
     projects within a watershed that complement the tributary 
     basin strategies.
       ``(h) Study of Chesapeake Bay Program.--Not later than 
     December 31, 2000, and every 3 years thereafter, the 
     Administrator, in cooperation with other members of the 
     Chesapeake Executive Council, shall complete a study and 
     submit a comprehensive report to Congress on the results of 
     the study. The study and report shall, at a minimum--
       ``(1) assess the commitments and goals of the management 
     strategies established under the Chesapeake Bay Agreement and 
     the extent to which the commitments and goals are being met;
       ``(2) assess the priority needs required by the management 
     strategies and the extent to which the priority needs are 
     being met;
       ``(3) assess the effects of air pollution deposition on 
     water quality of the Chesapeake Bay;
       ``(4) assess the state of the Chesapeake Bay and its 
     tributaries and related actions of the Chesapeake Bay 
     Program;
       ``(5) make recommendations for the improved management of 
     the Chesapeake Bay Program; and
       ``(6) provide the report in a format transferable to and 
     usable by other watershed restoration programs.
       ``(i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $30,000,000 for 
     each of fiscal years 1999 through 2003.''.

     SEC. 503. 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.

     SEC. 504. PFIESTERIA AND OTHER AQUATIC TOXINS RESEARCH AND 
                   GRANT PROGRAM.

       (a) In General.--The Administrator of the Environmental 
     Protection Agency, the Secretary of Commerce (acting through 
     the Director of the National Marine Fisheries Service of the 
     National Oceanic and Atmospheric Administration), the 
     Secretary of Health and Human Services (acting through the 
     Director of the National Institute of Environmental Health 
     Sciences and the Director of the Centers for Disease Control 
     and Prevention), and the Secretary of Agriculture shall--
       (1) establish a research program for the eradication or 
     control of Pfiesteria piscicida and other aquatic toxins; and
       (2) make grants to colleges, universities, and other 
     entities in affected States for the eradication or control of 
     Pfiesteria piscicida and other aquatic toxins.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000 for 
     each of fiscal years 1999 and 2000.

  Mr. DeWINE. I finally ask consent that H.R. 2863 be placed back on 
the calendar.
  The PRESIDENT pro tempore. Without objection, it is so ordered.

                          ____________________