Congressional Record, Volume 144 Issue 145 (Tuesday, October 13, 1998)

[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.

SEC. 103. CRIMINAL PENALTIES.

[[Page S12440]]

States Code, imprisoned not more than 1 year, or both.''.

SEC. 104. REPORT.

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.

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