[Congressional Record Volume 144, Number 147 (Thursday, October 15, 1998)]
[Senate]
[Pages S12631-S12633]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  RHINO AND TIGER PRODUCT LABELING ACT

  Mr. CRAIG. Mr. President, I ask the Chair lay before the Senate a 
message from the House of Representatives on the bill (H.R. 2807) 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.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the House agree to the amendment of the 
     Senate to the bill (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'', 
     with the following amendments:
       In lieu of the matter proposed to be inserted by the 
     amendment of the Senate, insert the following:
                 TITLE I--MIGRATORY BIRD TREATY REFORM

     SEC. 101. SHORT TITLE.

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

     SEC. 102. ELIMINATING STRICT LIABILITY FOR BAITING.

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

     SEC. 103. CRIMINAL PENALTIES.

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

     SEC. 104. REPORT.

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

     SEC. 201. SHORT TITLE.

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

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

       (a) In General.--In accordance with section 4(a)(5) of the 
     National Wildlife Refuge System Administration Act of 1966 
     (16 U.S.C. 668dd(a)(5)), there are transferred to the Corps 
     of Engineers, without reimbursement, approximately 37.36 
     acres of land of the Upper Mississippi River Wildlife and 
     Fish Refuge in the State of Minnesota, as designated on the 
     map entitled ``Upper Mississippi National Wildlife and Fish 
     Refuge lands transferred to Corps of Engineers'', dated 
     January 1998, and available, with accompanying legal 
     descriptions of the

[[Page S12632]]

     land, for inspection in appropriate offices of the United 
     States Fish and Wildlife Service.
       (b) Conforming Amendments.--The first section and section 2 
     of the Upper Mississippi River Wild Life and Fish Refuge Act 
     (16 U.S.C. 721, 722) are amended by striking ``Upper 
     Mississippi River Wild Life and Fish Refuge'' each place it 
     appears and inserting ``Upper Mississippi River National 
     Wildlife and Fish Refuge''.

     SEC. 203. KILLCOHOOK COORDINATION AREA.

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

     SEC. 204. LAKE ELSIE NATIONAL WILDLIFE REFUGE.

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

     SEC. 205. KLAMATH FOREST NATIONAL WILDLIFE REFUGE.

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

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

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

     SEC. 301. SHORT TITLE.

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

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

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

     SEC. 303. REAUTHORIZATION OF PARTNERSHIPS FOR WILDLIFE ACT.

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

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

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

     SEC. 401. SHORT TITLE.

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

     SEC. 402. FINDINGS.

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

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

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

     SEC. 404. DEFINITION OF PERSON.

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

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

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

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

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

[[Page S12633]]

     SEC. 406. EDUCATIONAL OUTREACH PROGRAM.

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

     ``SEC. 8. EDUCATIONAL OUTREACH PROGRAM.

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

     SEC. 407. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 501. SHORT TITLE.

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

     SEC. 502. CHESAPEAKE BAY GATEWAYS AND WATERTRAILS.

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

  Mr. CRAIG. Mr. President, I ask unanimous consent that the Senate 
agree to the amendments of the House.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________