[Senate Report 107-105]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 251
107th Congress                                                   Report
                                 SENATE
 1st Session                                                    107-105

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



 
     RHINOCEROS AND TIGER CONSERVATION REAUTHORIZATION ACT OF 2001

                                _______
                                

               November 30, 2001.--Ordered to be printed

                                _______
                                

   Mr. Jeffords, from the Committee on Environment and Public Works, 
                        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 Environment and Public Works, to which was 
referred a bill (H.R. 645) to reauthorize the Rhinoceros and 
Tiger Conservation Act of 1994, having considered the same, 
reports favorably thereon and recommends that the bill do pass.

                    General Statement and Background

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). Due to its 
listing under Appendix I of CITES, the international trade of 
rhinoceros and rhinoceros products is banned. 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 (1940's), Caspian (1970's), and Javan 
(1980's) 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 
1990's, 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 on-
the-ground 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 3 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. This money, 
which generated an additional $5 million in private matching 
funds, was allocated by the U.S. Fish and Wildlife Service for 
137 conservation projects to assist rhinos and tigers in 16 
range countries. These projects have included: an adopt-a-
warden program; aerial monitoring of the Northern white 
rhinoceros; a data base 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.

                     Objectives of the Legislation

    The fundamental purpose of H.R. 645 is to extend the 
authorization of appropriations for Rhinoceros and Tiger 
Conservation Act until September 30, 2007. In addition, the 
bill allows the Secretary of the Interior to convene an 
advisory group to assist in carrying out the Act.

                      Section-by-Section Analysis

Section 1. Short Title
    This Act may be cited as the ``Rhinoceros and Tiger 
Conservation Reauthorization Act of 2001''.
Section 2. Reauthorization of Rhinoceros and Tiger Conservation Act of 
        1994
    Section 2 amends Section 9 of the Rhinoceros and Tiger 
Conservation Act to extend the authorization through September 
30, 2007.
Section 3. Administrative Expenses
    Section 3 amends Section 9 of the Rhinoceros and Tiger 
Conservation Act limiting the amount of money the Secretary may 
expend for administrative expenses to carry out the Act. Not 
more than 3 percent or $80,000, whichever is greater, may be 
expended from the amounts available in each fiscal year.
Section 4. Cooperation
    Section 4 amends the Rhinoceros and Tiger Conservation Act 
by adding Section 9 authorizing the Secretary to convene an 
advisory group of individuals representing public and private 
organizations actively involved in the conservation of 
rhinoceros and tiger species. The Secretary shall provide 
public notice of each meeting of the advisory group. The 
meetings shall be open to the public and the minutes of the 
meetings shall be made available to the public. The Federal 
Advisory Committee Act shall not apply to the advisory group 
authorized under this section.
    The creation of a new advisory group will help increase 
public involvement and Federal and private partnerships. Also, 
it will provide consistency with the Great Ape Conservation Act 
and Neotropical Migratory Bird Conservation Act, both of which 
were enacted during the 106th Congress and are administered 
under the Multinational Species Conservation Fund, along with 
the African Elephant Conservation Fund Act and the Asian 
Elephant Conservation Act.
Section 5. Project Sustainability
    Section 5 amends Section 5(e) of the Rhinoceros and Tiger 
Conservation Act to direct the Secretary to give consideration 
to projects that will enhance sustainable conservation programs 
to ensure effective long-term conservation of rhinoceros and 
tigers when determining whether to approve project proposals.
    This priority will help balance the need for projects that 
directly benefit the species with projects directed at ensuring 
the long-term conservation of the species through local 
capacity building and institutional development.
Section 6. Technical and Conforming Amendments
    Subsection (a) of Section 6 makes conforming amendments to 
Sections 4(3) and 6 of the Rhinoceros and Tiger Conservation 
Act.
    Subsection (b) makes a technical correction to Title I of 
section 101(e) of division A of Public Law 105-277.

                          Legislative History

    The bill was referred to the Committee on Environment and 
Public Works on June 26, 2001. No hearings were held on the 
bill. On November 8, 2001, the Committee on Environment and 
Public Works met to consider H.R. 645, and agreed to report the 
bill by voice vote.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that H.R. 643 
does not create any additional regulatory burdens, nor will it 
cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that H.R. 643 would 
impose no unfunded mandates on State, local, or tribal 
governments.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 20, 2001.

Hon. James Jeffords, 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. 645, the Rinoceros 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, 
who can be reached at 226-2860.
            Sincerely,
                                            Dan L. Crippen.
                              ----------                              


               Congressional Budget Office Cost Estimate

H.R. 645 Rhinoceros and Tiger Conservation Reauthorization Act of 2001, 
        as ordered reported by the Senate Committee on Environment and 
        Public Works on November 8, 2001

                                SUMMARY

    H.R. 645 would reauthorize funding for projects carried out 
under the Rhinoceros and Tiger Conservation Act of 1994. 
Specifically, the act 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 implementing H.R. 645 would cost $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 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 act 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).


                 By Fiscal Year, in Millions of Dollars
------------------------------------------------------------------------
                                   2002    2003    2004    2005    2006
------------------------------------------------------------------------
       SPENDING SUBJECT TO
          APPROPRIATION
Spending Under Current Law:.....
    Budget Authority\1\.........       1       0       0       0       0
    Estimated Outlays...........       1       0       0       0       0

Proposed Changes:...............
    Estimated Authorization            0      10      10      10      10
     Level......................
    Estimated Outlays...........       0       6       9      10      10

Spending Under H.R. 645:........
    Estimated Authorization            1      10      10      10      10
     Level\1\...................
    Estimated Outlays...........       1       6       9      10      10
------------------------------------------------------------------------
\1\ Current law authorizes $10 million for rhinoceros and tiger
  conservation in 2002. However, only $1 million has been appropriated
  (thus far) for this year.

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.
Previous CBO Estimate
    On May 18, 2001, CBO prepared a cost estimate for H.R. 645 
as ordered reported by the House Committee on Resources on May 
16, 2001. The two versions of the legislation are identical, as 
are the estimated costs.
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.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, 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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