[House Report 107-109]
[From the U.S. Government Publishing Office]



                                                                       
107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    107-109

======================================================================



 
     RHINOCEROS AND TIGER CONSERVATION REAUTHORIZATION ACT OF 2001

                                _______
                                

 June 25, 2001.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 645]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 645) to reauthorize the Rhinoceros and Tiger Conservation 
Act of 1994, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Rhinoceros and Tiger Conservation 
Reauthorization Act of 2001''.

SEC. 2. REAUTHORIZATION OF RHINOCEROS AND TIGER CONSERVATION ACT OF 
                    1994.

  Section 9 of the Rhinoceros and Tiger Conservation Act of 1994 (16 
U.S.C. 5306) is amended by striking ``1996 through 2002'' and inserting 
``2001, 2002, 2003, 2004, 2005, 2006, and 2007''.

SEC. 3. ADMINISTRATIVE EXPENSES.

  Section 9 of the Rhinoceros and Tiger Conservation Act of 1994 (16 
U.S.C. 5306) is further amended--
          (1) by striking ``There are authorized'' and inserting ``(a) 
        In General.--There is authorized''; and
          (2) by adding at the end the following:
  ``(b) Administrative Expenses.--Of amounts available each fiscal year 
to carry out this Act, the Secretary may expend not more than 3 percent 
or $80,000, whichever is greater, to pay the administrative expenses 
necessary to carry out this Act.''.

SEC. 4. COOPERATION.

  The Rhinoceros and Tiger Conservation Act of 1994 is further amended 
by redesignating section 9 (16 U.S.C. 5306) as section 10, and by 
inserting after section 8 the following:

``SEC. 9. ADVISORY GROUP.

  ``(a) In General.--To assist in carrying out this Act, the Secretary 
may convene an advisory group consisting of individuals representing 
public and private organizations actively involved in the conservation 
of rhinoceros and tiger species.
  ``(b) Public Participation.--
          ``(1) Meetings.--The Advisory Group shall--
                  ``(A) ensure that each meeting of the advisory group 
                is open to the public; and
                  ``(B) provide, at each meeting, an opportunity for 
                interested persons to present oral or written 
                statements concerning items on the agenda.
          ``(2) Notice.--The Secretary shall provide to the public 
        timely notice of each meeting of the advisory group.
          ``(3) Minutes.--Minutes of each meeting of the advisory group 
        shall be kept by the Secretary and shall be made available to 
        the public.
  ``(c) Exemption From Federal Advisory Committee Act.--The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory 
group.''.

SEC. 5. PROJECT SUSTAINABILITY.

  Section 5(e) of the Rhinoceros and Tiger Conservation Act of 1994 (16 
U.S.C. 5304) is amended to read as follows:
  ``(e) Project Sustainability.--To the maximum extent practical, in 
determining whether to approve project proposals under this section, 
the Secretary shall give consideration to projects which will enhance 
sustainable conservation programs to ensure effective long-term 
conservation of rhinoceros and tigers.''.

SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS.

  (a) Conforming Amendments.--The Rhinoceros and Tiger Conservation Act 
of 1994 is amended as follows:
          (1) Section 4(3) (16 U.S.C. 5303(3)) is amended by striking 
        ``Rhinoceros and Tiger Conservation Fund established under 
        section 6(a)'' and inserting ``the account established by 
        division A, section 101(e), title I of Public Law 105-277 under 
        the heading `multinational species conservation fund' ''.
          (2) Section 6 (16 U.S.C. 5305) is amended by striking the 
        section heading and all that follows through ``(d) Acceptance 
        and Use of Donations.--'' and inserting the following:

``SEC. 6. ACCEPTANCE AND USE OF DONATIONS.''.

  (b) Technical Correction.--Title I of section 101(e) of division A of 
Public Law 105-277 (112 Stat. 2681-237) is amended under the heading 
``multinational species conservation fund'' by striking ``Rhinoceros 
and Tiger Conservation Act, subchapter I'' and inserting ``Rhinoceros 
and Tiger Conservation Act of 1994, part I''.

                          Purpose of the Bill

    The purpose of H.R. 645 is to reauthorize the Rhinoceros 
and Tiger Conservation Act of 1994.

                  Background and Need for Legislation


Rhinoceros

    There are currently five species of rhinoceros (Rhinoceros) 
in the world: black, white, Indian, Javan, and Sumatran. Of 
these, the black and white rhinoceros species are native to 
Africa and the other three species are native to Asia.
    During the past two decades, the populations of these 
rhinoceros species have declined at an alarming rate. In fact, 
the number of African black rhinos decreased from 65,000 in 
1970 to fewer than 3,000 today. While human population growth 
and competition for land has contributed to the destruction of 
rhinoceros' habitat, the major cause of the species' decline 
has been the demand for products made from rhino horn. In Asia, 
rhinoceros horn has been used for generations to treat 
headaches and fever in children. Rhino horns are also used as 
decorative handles for ceremonial daggers in Yemen. Rhinoceros 
horn is extremely valuable. African rhino horn has been worth 
as much as $10,000 per kilogram and the rarer Asian rhino horn 
up to $60,000 per kilogram. The largest consumers of rhino horn 
are found in China, Taiwan, and South Korea.
    In 1977, all five species of rhinoceros were listed under 
Appendix I of the Convention on International Trade in 
Endangered Species of Wild Fauna and Flora (CITES). In 
addition, all except the southern subspecies of African white 
rhino are listed as endangered under our Endangered Species 
Act. The white rhino, which is primarily found in South Africa, 
has been listed as a threatened species.
    In 1987, CITES voted to extend its worldwide ban on all 
trade in rhinoceros horn, urged the destruction of any 
stockpiles, and strongly encouraged consuming countries to 
immediately stop all trade in rhino products. This 
international edict has been largely ignored for two reasons. 
First, rhino horn is easy to smuggle because it is normally 
ground into a fine powder before being shipped out of the 
country. Second, the use of rhino horn as a pharmaceutical is 
not considered a simple luxury but rather is part of a cultural 
belief, thus making it more difficult to stop.

Tigers

    At one point, there were eight subspecies of tigers 
(Panthera Tigris) found in the world. Three of these 
subspecies, the Bali (1940s), Caspian (1970s), and Javan 
(1980s) are now extinct. Today, the other five subspecies--the 
Bengal, Indochinese, Siberian, South China, and Sumatran--are 
found in isolated parts of Asia. At the turn of the century, 
there were as many as 100,000 tigers living in the world. 
Today, the total is fewer than 6,000 animals, which is a 
decline of roughly 95 percent.
    While agriculture and commercial logging have destroyed 
large amounts of tiger habitat, illegal hunting has had the 
most dramatic impact. Tigers are killed for their fur and body 
parts. Shamans and practitioners of traditional medicine value 
almost every part of the cat. Tiger bone powders, wines, and 
tablets are used to combat pain, kidney and liver problems, 
rheumatism, convulsions, and heart conditions. In the early 
1990s, one-third of the world's Siberian tigers were killed to 
satisfy the demand for their bones and other parts. According 
to the World Wildlife Fund, a tiger pelt can be worth up to 
$15,000 and tiger bones can sell for over $1,400 a pound.

The Rhinoceros and Tiger Conservation Act

    The Rhinoceros and Tiger Conservation Act of 1994, Public 
Law 103-391, authorizes appropriations of up to $10 million 
each year for the Rhinoceros and Tiger Conservation Fund. The 
purpose of this Fund is to provide financial assistance for 
rhino and tiger conservation projects selected by the Secretary 
of the Interior. Appropriations for the Fund is authorized 
until September 30, 2002.
    The 1994 law established the specific criteria that each 
project must satisfy in order to qualify for Federal funding, 
limits the amount of administrative costs to three percent of 
the Fund, and allows individuals to donate money directly to 
the fund to assist in the conservation of rhinos and tigers.
    Congress has appropriated $2.9 million to the Rhinoceros 
and Tiger Conservation Fund since its enactment. The Department 
of the Interior has funded 111 conservation projects to assist 
rhinos and tigers at a total cost of $7 million. These projects 
have included: an adopt-a-warden program; aerial monitoring of 
the Northern white rhinoceros; a database on tiger poaching; 
establishment of a viable population of ``Greater One-horned 
Rhinoceros''; a community rhino scout program; investigation of 
poaching and illegal trade in wild tigers; training of staff 
and surveys of four black rhino populations in the Selous Game 
Reserve; and a video on tiger poaching. H.R. 645 would extend 
the authorization of appropriations for this law until 
September 30, 2007.

                            Committee Action

    H.R. 645 was introduced on February 14, 2001, by 
Congressman Wayne T. Gilchrest (R-MD). The bill was referred to 
the Committee on Resources, and within the Committee to the 
Subcommittee on Fisheries Conservation, Wildlife and Oceans. On 
March 15, 2001, the Subcommittee held a hearing on the bill. On 
March 29, 2001, the Subcommittee met to mark up the bill. 
Congressman Gilchrest offered an amendment in the nature of a 
substitute to allow for the establishment of an Advisory Panel 
to assist the Secretary of the Interior, to encourage the 
issuance of grants for long-term sustainable rhino and tiger 
conservation and adjust the authorization level for 
administrative expenses. It was adopted by voice vote. The 
bill, as amended, was then forwarded to the Full Committee by 
voice vote. On May 16, 2001, the full Resources Committee met 
to consider the bill. No further amendments were offered and 
the bill as amended was then ordered favorably reported to the 
House of Representatives by unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                  Compliance With the House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the Costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to reauthorize appropriations for the 
Rhinoceros and Tiger Conservation Act.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 18, 2001.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 645, the 
Rhinoceros and Tiger conservation Reauthorization Act of 2001.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

               Congressional Budget Office Cost Estimate


H.R. 645--Rhinoceros and Tiger Conservation Reauthorization Act of 2001

    Summary: H.R. 645 would reauthorize funding for projects 
carried out under the Rhinoceros and Tiger Conservation Act of 
1994. Specifically, the bill would authorize appropriations 
through 2007 for such projects to the Multinational Species 
Conservation Fund at the existing authorization level of up to 
$10 million annually. The current authorizations expire after 
fiscal year 2002. The Secretary of the Interior uses this fund 
primarily to help finance research and conservation programs 
overseas.
    Assuming appropriation of the authorized amounts, CBO 
estimates that enacting H.R. 645 would result in additional 
discretionary spending of $35 million over the 2003-2006 
period. (An additional $15 million would be spent after 2006.) 
The legislation would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply. H.R. 645 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act (UMRA) and would 
not affect on the budgets of state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 645 is shown in the following table. 
For this estimate, CBO assumes that the entire amounts 
authorized by the bill would be appropriated for each fiscal 
year. Outlay estimates are based on recent spending patterns 
for this program. The cost of this legislation falls within 
budget function 300 (natural resources and environment).

                                        SPENDING SUBJECT TO APPROPRIATION
----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars--
                                                           -----------------------------------------------------
                                                              2001     2002     2003     2004     2005     2006
----------------------------------------------------------------------------------------------------------------
Spending Under Current Law:
    Authorization Level \1\...............................        1       10        0        0        0        0
    Estimated Outlays.....................................        2        6        3        1        0        0
Proposed Changes:
    Estimated Authorization Level.........................        0        0       10       10       10       10
    Estimated Outlays.....................................        0        0        6        9       10       10
Spending Under H.R. 645:
    Estimated Authorization Level \1\.....................        1       10       10       10       10       10
    Estimated Outlays.....................................        2        6        9       10       10       10
----------------------------------------------------------------------------------------------------------------
\1\ The 2001 level is the amount appropriated for that year for rhinoceros and tiger conservation. The 2002
  level is the amount authorized under current law.

    Pay-as-you-go considerations: None.
    Intergovernmental and Private-sector impact: H.R. 645 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect on the budgets of state, 
local, or tribal governments.
    Estimate prepared by: Federal costs: Deborah Reis; impact 
on State, local, and tribal governments: Marjorie Miller; 
impact on the private sector: Lauren Marks.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any state, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

RHINOCEROS AND TIGER CONSERVATION ACT OF 1994

           *       *       *       *       *       *       *



SEC. 4. DEFINITIONS.

  In this Act--
          (1) * * *

           *       *       *       *       *       *       *

          (3) ``Fund'' means the [Rhinoceros and Tiger 
        Conservation Fund established under section 6(a)] the 
        account established by division A, section 101(e), 
        title I of Public Law 105-277 under the heading 
        ``multinational species conservation fund'';

           *       *       *       *       *       *       *


SEC. 5. RHINOCEROS AND TIGER CONSERVATION ASSISTANCE.

  (a) * * *

           *       *       *       *       *       *       *

  [(e) Project Sustainability.--To the maximum extent 
practical, the Secretary should give consideration to projects 
which will enhance sustainable development programs to ensure 
effective, long-term conservation of rhinoceros and tigers.]
  (e) Project Sustainability.--To the maximum extent practical, 
in determining whether to approve project proposals under this 
section, the Secretary shall give consideration to projects 
which will enhance sustainable conservation programs to ensure 
effective long-term conservation of rhinoceros and tigers.

           *       *       *       *       *       *       *


[SEC. 6. RHINOCEROS AND TIGER CONSERVATION FUND.

  [(a) Establishment.--There is established in the general fund 
of the Treasury a separate account to be known as the 
``Rhinoceros and Tiger Conservation Fund'', which shall consist 
of amounts deposited into the Fund by the Secretary of the 
Treasury under subsection (b).
  [(b) Deposits Into the Fund.--The Secretary of the Treasury 
shall deposit into the Fund--
          [(1) all amounts received by the Secretary in the 
        form of donations under subsection (d); and
          [(2) other amounts appropriated to the Fund.
  [(c) Use.--
          [(1) In general.--Subject to paragraph (2), the 
        Secretary may use amounts in the Fund without further 
        appropriation to provide assistance under section 5.
          [(2) Administration.--Of amounts in the Fund 
        available for each fiscal year, the Secretary may use 
        not more than 3 percent to administer the Fund.
  [(d) Acceptance and Use of Donations.--]

SEC. 6. ACCEPTANCE AND USE OF DONATIONS.

  The Secretary may accept and use donations to provide 
assistance under section 5. Amounts received by the Secretary 
in the form of donations shall be transferred to the Secretary 
of the Treasury for deposit into the Fund.

           *       *       *       *       *       *       *


SEC. 9. ADVISORY GROUP.

  (a) In General.--To assist in carrying out this Act, the 
Secretary may convene an advisory group consisting of 
individuals representing public and private organizations 
actively involved in the conservation of rhinoceros and tiger 
species.
  (b) Public Participation.--
          (1) Meetings.--The Advisory Group shall--
                  (A) ensure that each meeting of the advisory 
                group is open to the public; and
                  (B) provide, at each meeting, an opportunity 
                for interested persons to present oral or 
                written statements concerning items on the 
                agenda.
          (2) Notice.--The Secretary shall provide to the 
        public timely notice of each meeting of the advisory 
        group.
          (3) Minutes.--Minutes of each meeting of the advisory 
        group shall be kept by the Secretary and shall be made 
        available to the public.
  (c) Exemption From Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the advisory group.

SEC. [9] 10. AUTHORIZATION OF APPROPRIATIONS.

  [There are authorized] (a) In General.--There is authorized 
to be appropriated to the Fund $10,000,000 for each of fiscal 
years [1996 through 2002] 2001, 2002, 2003, 2004, 2005, 2006, 
and 2007 to carry out this Act, to remain available until 
expended.
  (b) Administrative Expenses.--Of amounts available each 
fiscal year to carry out this Act, the Secretary may expend not 
more than 3 percent or $80,000, whichever is greater, to pay 
the administrative expenses necessary to carry out this Act.
                              ----------                              


  DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  1999

DIVISION A--OMNIBUS CONSOLIDATED APPROPRIATIONS

           *       *       *       *       *       *       *


      Sec. 101. (a) * * *

           *       *       *       *       *       *       *

      (e) For programs, projects or activities in the 
Department of the Interior and Related Agencies Appropriations 
Act, 1999, provided as follows, to be effective as if it had 
been enacted into law as the regular appropriations Act:

  AN ACT Making appropriations for the Department of the Interior and 
related agencies for the fiscal year ending September 30, 1999, and for 
                            other purposes.

TITLE I--DEPARTMENT OF THE INTERIOR

           *       *       *       *       *       *       *


United States Fish and Wildlife Service

           *       *       *       *       *       *       *


                multinational species conservation fund

  For expenses necessary to carry out the African Elephant 
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 
4241-4245, and 1538), the Asian Elephant Conservation Act of 
1997 (Public Law 105-96), and the Rhinoceros and Tiger 
Conservation Act of 1994 (16 U.S.C. 5301-5306), $2,000,000, to 
remain available until expended: Provided, That unexpended 
balances of amounts previously appropriated to the African 
Elephant Conservation Fund, Rewards and Operations account, and 
Rhinoceros and Tiger Conservation Fund may be transferred to 
and merged with this appropriation: Provided further, That in 
fiscal year 1999 and thereafter, donations to provide 
assistance under section 5304 of the [Rhinoceros and Tiger 
Conservation Act, subchapter I] Rhinoceros and Tiger 
Conservation Act of 1994, part I of the African Elephant 
Conservation Act, and section 6 of the Asian Elephant 
Conservation Act of 1997 shall be deposited to this Fund and 
shall be available without further appropriation: Provided 
further, That in fiscal year 1999 and thereafter, all penalties 
received by the United States under 16 U.S.C. 4224 which are 
not used to pay rewards under 16 U.S.C. 4225 shall be deposited 
to this Fund to provide assistance under 16 U.S.C. 4211 and 
shall be available without further appropriation: Provided 
further, That in fiscal year 1999 and thereafter, not more than 
three percent of amounts appropriated to this Fund may be used 
by the Secretary of the Interior to administer the Fund.

           *       *       *       *       *       *       *


                                
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