[House Report 117-428]
[From the U.S. Government Publishing Office]


117th Congress     }                                  {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session        }                                  {      117-428

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

 
                       BIG CAT PUBLIC SAFETY ACT

                                _______
                                

 July 22, 2022.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 263]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 263) to amend the Lacey Act Amendments of 1981 
to clarify provisions enacted by the Captive Wildlife Safety 
Act, to further the conservation of certain wildlife species, 
and for other purposes, having considered the same, reports 
favorably thereon with an amendment and recommends 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 ``Big Cat Public Safety Act''.

SEC. 2. DEFINITIONS.

  (a) In General.--Section 2 of the Lacey Act Amendments of 1981 (16 
U.S.C. 3371) is amended--
          (1) by redesignating subsections (a) through (k) as 
        subsections (b) through (l), respectively; and
          (2) by inserting before subsection (b) (as so redesignated) 
        the following:
  ``(a) Breed.--The term `breed' means to facilitate propagation or 
reproduction (whether intentionally or negligently), or to fail to 
prevent propagation or reproduction.''.
  (b) Conforming Amendments.--
          (1) Consolidated farm and rural development act.--Section 
        349(a)(3) of the Consolidated Farm and Rural Development Act (7 
        U.S.C. 1997(a)(3)) is amended--
                  (A) by striking ``section 2(a)'' and inserting 
                ``section 2''; and
                  (B) by striking ``3371(a)'' and inserting ``3371''.
          (2) Lacey act amendments of 1981.--Section 7(c) of the Lacey 
        Act Amendments of 1981 (16 U.S.C. 3376(c)) is amended by 
        striking ``section 2(f)(2)(A)'' and inserting ``section 
        2(g)(2)(A)''.

SEC. 3. PROHIBITIONS.

  Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is 
amended--
          (1) in subsection (a)--
                  (A) in paragraph (2)--
                          (i) in subparagraph (A), by striking the 
                        semicolon at the end and inserting ``; or'';
                          (ii) in subparagraph (B)(iii), by striking 
                        ``; or'' and inserting a semicolon; and
                          (iii) by striking subparagraph (C); and
                  (B) in paragraph (4), by striking ``(1) through (3)'' 
                and inserting ``(1) through (3) or subsection (e)''; 
                and
          (2) by amending subsection (e) to read as follows:
  ``(e) Captive Wildlife Offense.--
          ``(1) In general.--Except as provided in paragraph (2), it is 
        unlawful for any person to--
                  ``(A) import, export, transport, sell, receive, 
                acquire, or purchase in interstate or foreign commerce, 
                or in a manner substantially affecting interstate or 
                foreign commerce; or
                  ``(B) breed or possess;
        any prohibited wildlife species.
          ``(2) Limitation on application.--Paragraph (1) does not 
        apply to--
                  ``(A) an entity exhibiting animals to the public 
                under a Class C license from the Department of 
                Agriculture, or a Federal facility registered with the 
                Department of Agriculture that exhibits animals, if 
                such entity or facility holds such license or 
                registration in good standing and if the entity or 
                facility--
                          ``(i) does not allow any individual to come 
                        into direct physical contact with a prohibited 
                        wildlife species, unless that individual is--
                                  ``(I) a trained professional employee 
                                or contractor of the entity or facility 
                                (or an accompanying employee receiving 
                                professional training);
                                  ``(II) a licensed veterinarian (or a 
                                veterinary student accompanying such a 
                                veterinarian); or
                                  ``(III) directly supporting 
                                conservation programs of the entity or 
                                facility, the contact is not in the 
                                course of commercial activity (which 
                                may be evidenced by advertisement or 
                                promotion of such activity or other 
                                relevant evidence), and the contact is 
                                incidental to humane husbandry 
                                conducted pursuant to a species-
                                specific, publicly available, peer-
                                edited population management and care 
                                plan that has been provided to the 
                                Secretary with justifications that the 
                                plan--
                                          ``(aa) reflects established 
                                        conservation science 
                                        principles;
                                          ``(bb) incorporates genetic 
                                        and demographic analysis of a 
                                        multi-institution population of 
                                        animals covered by the plan; 
                                        and
                                          ``(cc) promotes animal 
                                        welfare by ensuring that the 
                                        frequency of breeding is 
                                        appropriate for the species; 
                                        and
                          ``(ii) ensures that during public exhibition 
                        of a lion (Panthera leo), tiger (Panthera 
                        tigris), leopard (Panthera pardus), snow 
                        leopard (Uncia uncia), jaguar (Panthera onca), 
                        cougar (Puma concolor), or any hybrid thereof, 
                        the animal is at least 15 feet from members of 
                        the public unless there is a permanent barrier 
                        sufficient to prevent public contact;
                  ``(B) a State college, university, or agency, or a 
                State-licensed veterinarian;
                  ``(C) a wildlife sanctuary that cares for prohibited 
                wildlife species, and--
                          ``(i) is a corporation that is exempt from 
                        taxation under section 501(a) of the Internal 
                        Revenue Code of 1986 and described in sections 
                        501(c)(3) and 170(b)(1)(A)(vi) of such Code;
                          ``(ii) does not commercially trade in any 
                        prohibited wildlife species, including 
                        offspring, parts, and byproducts of such 
                        animals;
                          ``(iii) does not breed any prohibited 
                        wildlife species;
                          ``(iv) does not allow direct contact between 
                        the public and any prohibited wildlife species; 
                        and
                          ``(v) does not allow the transportation and 
                        display of any prohibited wildlife species off-
                        site;
                  ``(D) has custody of any prohibited wildlife species 
                solely for the purpose of expeditiously transporting 
                the prohibited wildlife species to a person described 
                in this paragraph with respect to the species; or
                  ``(E) an entity or individual that is in possession 
                of any prohibited wildlife species that was born before 
                the date of the enactment of the Big Cat Public Safety 
                Act, and--
                          ``(i) not later than 180 days after the date 
                        of the enactment of the such Act, the entity or 
                        individual registers each individual animal of 
                        each prohibited wildlife species possessed by 
                        the entity or individual with the United States 
                        Fish and Wildlife Service;
                          ``(ii) does not breed, acquire, or sell any 
                        prohibited wildlife species after the date of 
                        the enactment of such Act; and
                          ``(iii) does not allow direct contact between 
                        the public and prohibited wildlife species.''.

SEC. 4. PENALTIES.

  (a) Civil Penalties.--Section 4(a)(1) of the Lacey Act Amendments of 
1981 (16 U.S.C. 3373(a)(1)) is amended--
          (1) by inserting ``(e),'' after ``(d),''; and
          (2) by inserting ``, (e),'' after ``subsection (d)''.
  (b) Criminal Penalties.--Section 4(d) of the Lacey Act Amendments of 
1981 (16 U.S.C. 3373(d)) is amended--
          (1) in paragraph (1)(A), by inserting ``(e),'' after 
        ``(d),'';
          (2) in paragraph (1)(B), by inserting ``(e),'' after 
        ``(d),'';
          (3) in paragraph (2), by inserting ``(e),'' after ``(d),''; 
        and
          (4) by adding at the end the following:
          ``(4) Any person who knowingly violates section 3(e) shall be 
        fined not more than $20,000, or imprisoned for not more than 5 
        years, or both. Each violation shall be a separate offense and 
        the offense is deemed to have been committed in the district 
        where the violation first occurred, and in any district in 
        which the defendant may have taken or been in possession of the 
        prohibited wildlife species.''.

SEC. 5. FORFEITURE OF PROHIBITED WILDLIFE SPECIES.

  Section 5(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 
3374(a)(1)) is amended by inserting ``bred, possessed,'' before 
``imported, exported,''.

SEC. 6. ADMINISTRATION.

  Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(a)) 
is amended by adding at the end the following:
          ``(3) The Secretary shall, in consultation with other 
        relevant Federal and State agencies, promulgate any regulations 
        necessary to implement section 3(e).''.

                          Purpose of the Bill

    The purpose of H.R. 263 is to amend the Lacey Act 
Amendments of 1981 to clarify provisions enacted by the Captive 
Wildlife Safety Act and to further the conservation of certain 
wildlife species.

                 Background and Need for Legislation\1\

---------------------------------------------------------------------------
    \1\Also see generally H. Rep. No. 116-430, at 1-2 (2020), https://
www.congress.gov/116/crpt/hrpt430/CRPT-116hrpt430.pdf--of which the 
above text is largely excerpts.
---------------------------------------------------------------------------
    An estimated 20,000 big cats, including tigers, lions, 
jaguars, leopards, cougars, and hybrids, are currently kept in 
private ownership in the United States. Privately owned big 
cats are often purchased or bred as cubs for photo-ops, but as 
they grow larger, they are sold into the exotic pet trade or on 
the black market for wildlife parts. Adult big cats in private 
ownership typically live in inadequate conditions threatening 
public safety.
    Since 1990, around 300 dangerous incidents involving big 
cats in the United States have resulted in human injuries, 
mauling, and death.\2\ In many cases, first responders not 
equipped for those situations shot and killed the animals. One 
of the most famous examples occurred in 2011, when 56 exotic 
animals, including 17 lions and 18 tigers, escaped from a 
private home in Zanesville, Ohio.\3\ Although no serious human 
injuries occurred, at least 49 animals were killed while 
restoring public safety.
---------------------------------------------------------------------------
    \2\ The Humane Soc'y of the U.S., Big Cat Incidents (2012), https:/
/www.humanesociety.org/sites/default/files/docs/captive-big-cat-
incidents.pdf.
    \3\Greg Bishop & Timothy Williams, Police Kill Dozens of Animal 
Freed on Ohio Reserve, N.Y. Times (Oct. 19, 2011), www.nytimes.com/
2011/10/20/us/police-kill-dozens-of-animals-freed-from-ohio-
preserve.html.
---------------------------------------------------------------------------
    In 2003, Congress unanimously passed the Captive Wildlife 
Safety Act\4\ (CWSA), which amended the Lacey Act to prohibit 
importing, exporting, buying, selling, transporting, receiving, 
or acquiring big cats across states and the U.S. border. 
However, there is no federal policy regarding the possession of 
big cats. State laws vary, with some having no restrictions, 
some requiring registration, and others altogether banning 
ownership of big cats as pets.\5\
---------------------------------------------------------------------------
    \4\Pub. L. No. 108-191, 117 Stat. 2871 (2003), https://
uscode.house.gov/statviewer.htm?volume=117&page=2871 (codified as 16 
U.S.C. Sec. Sec. 3371-72 & notes.).
    \5\Map of Private Exotic Pet Ownership Laws, Mich. State Univ., 
Coll. of L., Animal Legal & Hist. Ctr. (2022), www.animallaw.info/
content/map-private-exotic-pet-ownership-laws (last visited July 19, 
2022).
---------------------------------------------------------------------------
    H.R. 263 would end the private ownership of big cats as 
pets and prohibit exhibitors from allowing public contact with 
big cats, including cubs. The bill builds on the CWSA by making 
it illegal to privately possess or breed lions, tigers, 
leopards, cheetahs, jaguars, cougars, or any hybrid. The bill 
narrowly focuses on privately-owned animals and includes 
exemptions for exhibitors with U.S. Department of Agriculture 
(USDA) Class C licenses, such as zoos, state universities, and 
sanctuaries. Current owners are grandfathered in, allowing 
owners to keep their animals if they register with the U.S. 
Fish and Wildlife Service (FWS) and abide by listed 
regulations.

                            Committee Action

    H.R. 263 was introduced on January 11, 2021, by 
Representative Mike Quigley (D-IL). The bill was referred 
solely to the Committee on Natural Resources, and within the 
Committee to the Subcommittee on Water, Oceans, and Wildlife. 
On May 12, 2022, the Subcommittee held a hearing on the bill. 
On June 8, 2022, the Natural Resources Committee met to 
consider the bill. The Subcommittee was discharged by unanimous 
consent. Chair Raul M. Grijalva (D-AZ) offered an amendment in 
the nature of a substitute. Ranking Member Bruce Westerman (R-
AR) offered a substitute amendment to the amendment in the 
nature of a substitute designated Westerman #077. A recorded 
vote was requested and postponed. Rep. Lauren Boebert (R-CO) 
offered an amendment designated Boebert #1 to the amendment in 
the nature of a substitute. A recorded vote was requested and 
postponed. Rep. Garret Graves (R-LA) offered an amendment 
designated Graves #2 to the amendment in the nature of a 
substitute. A recorded vote was requested and postponed. Rep. 
Graves offered an amendment designated Graves #3 to the 
amendment in the nature of a substitute. A recorded vote was 
requested and postponed. Rep. Graves offered an amendment 
designated Graves #4 to the amendment in the nature of a 
substitute. The Committee adjourned.
    The Committee on Natural Resources met on June 15, 2022, to 
continue its consideration of the bill. Chair Grijalva offered 
a motion to move the previous question on the Grijalva 
amendment in the nature of a substitute. The motion was agreed 
to by voice vote. The previously offered substitute amendment 
designated Westerman #077 was not agreed to by a roll call vote 
of 17 yeas and 24 nays,\6\ as follows:
---------------------------------------------------------------------------
    \6\During the markup, the total on this vote was announced 
incorrectly. The numbers above are accurate and accord with the clerk's 
roll call and with the clerk's tally sheet.

	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    The substitute amendment designated Boebert #1 not agreed 
to by a roll call vote of 16 yeas and 22 nays, as follows:

	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    The amendment designated Graves #2 was not agreed to by a 
roll call vote of 14 yeas and 24 nays, as follows:

	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    The amendment designated Graves #3 was not agreed to by a 
roll call vote of 16 yeas and 24 nays, as follows:

	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    The amendment designated Graves #4 was not agreed to by a 
roll call vote of 16 yeas and 25 nays, as follows:

	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    The amendment in the nature of a substitute was agreed to 
by voice vote. The bill, as amended, was adopted and ordered 
favorably reported to the House of Representatives by a roll 
call vote of 25 yeas and 17 nays, as follows:

	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                Hearings

    For the purposes of clause3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on Water, Oceans, and Wildlife held 
on May 12, 2022.

                      Section-by-Section Analysis

    Section 1. Short title. ``Big Cat Public Safety Act''.
    Sec. 2. Definitions.
    Sec. 3. Prohibitions. This section makes it illegal to 
import, export, transport, sell, receive, acquire, purchase, 
breed, or possess any live species of lion, tiger, leopard, 
cheetah, jaguar, cougar, or any hybrid of such species. The 
bill provides exemptions from these prohibitions for USDA Class 
C license holders, state universities, and wildlife sanctuaries 
that don't allow direct contact with big cats and keep cats at 
a safe distance from the public. Some direct contact exceptions 
apply to trained professionals, veterinarians, and conservation 
programs that do not involve commercial activities and meet 
other specified restrictions. Current owners of big cats are 
allowed to keep their animals but must register with FWS, are 
not allowed to breed, acquire, or sell their wildlife, and 
cannot allow direct contact between the public and their cats.
    Sec. 4. Penalties. This section specifies that individuals 
who violate the bill shall be fined up to $20,000, imprisoned 
for five years or less, or both. Each violation will be treated 
as a separate offense. The offense will be prosecuted where the 
violation first occurred and where the defendant may have taken 
or been in possession of wildlife.
    Sec. 5. Forfeiture of Prohibited Wildlife Species. This 
section amends the Lacey Act to require that big cats bred or 
possessed in violation of the section 3 prohibitions must be 
forfeited, in addition to the current Lacey Act provisions that 
require all fish, wildlife, or plants imported, exported, 
transported, sold, received, acquired, or purchased contrary to 
Lacey act provisions also be forfeited.
    Sec. 6. Administration. This section directs the Department 
of the Interior to promulgate regulations in consultation with 
necessary federal and state agencies.

            Committee Oversight Findings and Recommendations

    Regarding clause2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

           Compliance With House Rule XIII and Congressional 
                               Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of 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 and with respect to 
requirements of clause (3)(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received a cost estimate for this bill from the 
Director of Congressional Budget Office. The Committee adopts 
as its own cost estimate the forthcoming cost estimate of the 
Director of the Congressional Budget Office, should such cost 
estimate be made available before House passage of the bill.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to amend the Lacey Act Amendments 
of 1981 to clarify provisions enacted by the Captive Wildlife 
Safety Act and to further the conservation of certain wildlife 
species.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 Unfunded Mandates Reform Act Statement

    An estimate of federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chair of 
the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                           Existing Programs

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               Preemption of State, Local, or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

         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 italics, and existing law in which no 
change is proposed is shown in roman):

                      LACEY ACT AMENDMENTS OF 1981




           *       *       *       *       *       *       *
SEC. 2. DEFINITIONS.

  For purposes of this Act:
  (a) Breed.--The term ``breed'' means to facilitate 
propagation or reproduction (whether intentionally or 
negligently), or to fail to prevent propagation or 
reproduction.
  [(a)] (b) The term ``fish or wildlife'' means any wild 
animal, whether alive or dead, including without limitation any 
wild mammal, bird, reptile, amphibian, fish, mollusk, 
crustacean, arthropod, coelenterate, or other invertebrate, 
whether or not bred, hatched, or born in captivity, and 
includes any part, product, egg, or offspring thereof.
  [(b)] (c) The term ``import'' means to land on, bring into, 
or introduce into, any place subject to the jurisdiction of the 
United States, whether or not such landing, bringing, or 
introduction constitutes an importation within the meaning of 
the customs laws of the United States.
  [(c)] (d) The term ``Indian tribal law'' means any regulation 
of, or other rule of conduct enforceable by, any Indian tribe, 
band, or group but only to the extent that the regulation or 
rule applies within Indian country as defined in section 1151 
of title 18, United States Code.
  [(d)] (e) The terms ``law,''``treaty,''``regulation,'' and 
``Indian tribal law'' mean laws, treaties, regulations or 
Indian tribal laws which regulate the taking, possession, 
importation, exportation, transportation, or sale of fish or 
wildlife or plants.
  [(e)] (f) The term ``person'' includes any individual, 
partnership, association, corporation, trust, or any officer, 
employee, agent, department, or instrumentality of the Federal 
Government or of any State or political subdivision thereof, or 
any other entity subject to the jurisdiction of the United 
States.
  [(f)] (g) Plant.--
          (1) In general.--The terms ``plant'' and ``plants'' 
        mean any wild member of the plant kingdom, including 
        roots, seeds, parts, or products thereof, and including 
        trees from either natural or planted forest stands.
          (2) Exclusions.--The terms ``plant'' and ``plants'' 
        exclude--
                  (A) common cultivars, except trees, and 
                common food crops (including roots, seeds, 
                parts, or products thereof);
                  (B) a scientific specimen of plant genetic 
                material (including roots, seeds, germplasm, 
                parts, or products thereof) that is to be used 
                only for laboratory or field research; and
                  (C) any plant that is to remain planted or to 
                be planted or replanted.
          (3) Exceptions to application of exclusions.--The 
        exclusions made by subparagraphs (B) and (C) of 
        paragraph (2) do not apply if the plant is listed--
                  (A) in an appendix to the Convention on 
                International Trade in Endangered Species of 
                Wild Fauna and Flora (27 UST 1087; TIAS 8249);
                  (B) as an endangered or threatened species 
                under the Endangered Species Act of 1973 (16 
                U.S.C. 1531 et seq.); or
                  (C) pursuant to any State law that provides 
                for the conservation of species that are 
                indigenous to the State and are threatened with 
                extinction.
  [(g)] (h) Prohibited Wildlife Species.--The term ``prohibited 
wildlife species'' means any live species of lion, tiger, 
leopard, cheetah, jaguar, or cougar or any hybrid of such 
species.
  [(h)] (i) The term ``Secretary'' means, except as otherwise 
provided in the Act, the Secretary of the Interior or the 
Secretary of Commerce, as program responsibilities are vested 
pursuant to the provisions of Reorganization Plan Numbered 4 of 
1970 (84 Stat. 2090); except that with respect to the 
provisions of this Act which pertain to the importation or 
exportation of plants, the term also means the Secretary of 
Agriculture.
  [(i)] (j) The term ``State'' means any of the several States, 
the District of Columbia, the Commonwealth of Puerto Rico, the 
Virgin Islands, Guam, Northern Mariana Islands, American Samoa, 
and any other territory, commonwealth, or possession of the 
United States.
  [(j)] (k) Taken and Taking.--
          (1) Taken.--The term ``taken'' means captured, 
        killed, or collected and, with respect to a plant, also 
        means harvested, cut, logged, or removed.
          (2) Taking.--The term ``taking'' means the act by 
        which fish, wildlife, or plants are taken.
  [(k)] (l) The term ``transport'' means to move, convey, 
carry, or ship by any means, or to deliver or receive for the 
purpose of movement, conveyance, carriage, or shipment.

SEC. 3. PROHIBITED ACTS.

  (a) Offenses Other Than Marking Offenses.--It is unlawful for 
any person--
          (1) to import, export, transport, sell, receive, 
        acquire, or purchase any fish or wildlife or plant 
        taken, possessed, transported, or sold in violation of 
        any law, treaty, or regulation of the United States or 
        in violation of any Indian tribal law;
          (2) to import, export, transport, sell, receive, 
        acquire, or purchase in interstate or foreign 
        commerce--
                  (A) any fish or wildlife taken, possessed, 
                transported, or sold in violation of any law or 
                regulation of any State or in violation of any 
                foreign law[;]; or
                  (B) any plant--
                          (i) taken, possessed, transported, or 
                        sold in violation of any law or 
                        regulation of any State, or any foreign 
                        law, that protects plants or that 
                        regulates--
                                  (I) the theft of plants;
                                  (II) the taking of plants 
                                from a park, forest reserve, or 
                                other officially protected 
                                area;
                                  (III) the taking of plants 
                                from an officially designated 
                                area; or
                                  (IV) the taking of plants 
                                without, or contrary to, 
                                required authorization;
                          (ii) taken, possessed, transported, 
                        or sold without the payment of 
                        appropriate royalties, taxes, or 
                        stumpage fees required for the plant by 
                        any law or regulation of any State or 
                        any foreign law; or
                          (iii) taken, possessed, transported, 
                        or sold in violation of any limitation 
                        under any law or regulation of any 
                        State, or under any foreign law, 
                        governing the export or transshipment 
                        of plants[; or];
                  [(C) any prohibited wildlife species (subject 
                to subsection (e));]
          (3) within the special maritime and territorial 
        jurisdiction of the United States (as defined in 
        section 7 of title 18, United States Code)--
                  (A) to possess any fish or wildlife taken, 
                possessed, transported, or sold in violation of 
                any law or regulation of any State or in 
                violation of any foreign law or Indian tribal 
                law, or
                  (B) to possess any plant--
                          (i) taken, possessed, transported, or 
                        sold in violation of any law or 
                        regulation of any State, or any foreign 
                        law, that protects plants or that 
                        regulates--
                                  (I) the theft of plants;
                                  (II) the taking of plants 
                                from a park, forest reserve, or 
                                other officially protected 
                                area;
                                  (III) the taking of plants 
                                from an officially designated 
                                area; or
                                  (IV) the taking of plants 
                                without, or contrary to, 
                                required authorization;
                          (ii) taken, possessed, transported, 
                        or sold without the payment of 
                        appropriate royalties, taxes, or 
                        stumpage fees required for the plant by 
                        any law or regulation of any State or 
                        any foreign law; or
                          (iii) taken, possessed, transported, 
                        or sold in violation of any limitation 
                        under any law or regulation of any 
                        State, or under any foreign law, 
                        governing the export or transshipment 
                        of plants; or
          (4) to attempt to commit any act described in 
        paragraphs [(1) through (3)] (1) through (3) or 
        subsection (e).
  (b) Marking Offenses.--It is unlawful for any person to 
import, export, or transport in interstate commerce any 
container or package containing any fish or wildlife unless the 
container or package has previously been plainly marked, 
labeled, or tagged in accordance with the regulations issued 
pursuant to paragraph (2) of subsection 7(a) of this Act.
  (c) Sale and Purchase of Guiding and Outfitting Services and 
Invalid Licenses and Permits.--
          (1) Sale.--It is deemed to be a sale of fish or 
        wildlife in violation of this Act for a person for 
        money or other consideration to offer or provide--
                  (A) guiding, outfitting, or other services; 
                or
                  (B) a hunting or fishing license or permit;
        for the illegal taking, acquiring, receiving, 
        transporting, or possessing of fish or wildlife.
          (2) Purchase.--It is deemed to be a purchase of fish 
        or wildlife in violation of this Act for a person to 
        obtain for money or other consideration--
                  (A) guiding, outfitting, or other services; 
                or
                  (B) a hunting or fishing license or permit;
        for the illegal taking, acquiring, receiving, 
        transporting, or possessing of fish or wildlife.
  (d) False Labeling Offenses.--It is unlawful for any person 
to make or submit any false record, account, or label for, or 
any false identification of, any fish, wildlife, or plant which 
has been, or is intended to be--
          (1) imported, exported, transported, sold, purchased, 
        or received from any foreign country; or
          (2) transported in interstate or foreign commerce.
  [(e) Nonapplicability of Prohibited Wildlife Species 
Offense.--
          [(1) In general.--Subsection (a)(2)(C) does not apply 
        to importation, exportation, transportation, sale, 
        receipt, acquisition, or purchase of an animal of a 
        prohibited wildlife species, by a person that, under 
        regulations prescribed under paragraph (3), is 
        described in paragraph (2) with respect to that 
        species.
          [(2) Persons described.--A person is described in 
        this paragraph, if the person--
                  [(A) is licensed or registered, and 
                inspected, by the Animal and Plant Health 
                Inspection Service or any other Federal agency 
                with respect to that species;
                  [(B) is a State college, university, or 
                agency, State-licensed wildlife rehabilitator, 
                or State-licensed veterinarian;
                  [(C) is an accredited wildlife sanctuary that 
                cares for prohibited wildlife species and--
                          [(i) is a corporation that is exempt 
                        from taxation under section 501(a) of 
                        the Internal Revenue Code 1986 and 
                        described in sections 501(c)(3) and 
                        170(b)(1)(A)(vi) of such Code;
                          [(ii) does not commercially trade in 
                        animals listed in section 2(g), 
                        including offspring, parts, and 
                        byproducts of such animals;
                          [(iii) does not propagate animals 
                        listed in section 2(g); and
                          [(iv) does not allow direct contact 
                        between the public and animals; or
                  [(D) has custody of the animal solely for the 
                purpose of expeditiously transporting the 
                animal to a person described in this paragraph 
                with respect to the species.
          [(3) Regulations.--Not later than 180 days after the 
        date of enactment of this subsection, the Secretary, in 
        cooperation with the Director of the Animal and Plant 
        Health Inspection Service, shall promulgate regulations 
        describing the persons described in paragraph (2).
          [(4) State authority.--Nothing in this subsection 
        preempts or supersedes the authority of a State to 
        regulate wildlife species within that State.
          [(5) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out subsection 
        (a)(2)(C) $3,000,000 for each of fiscal years 2004 
        through 2008.]
  (e) Captive Wildlife Offense.--
          (1) In general.--Except as provided in paragraph (2), 
        it is unlawful for any person to--
                  (A) import, export, transport, sell, receive, 
                acquire, or purchase in interstate or foreign 
                commerce, or in a manner substantially 
                affecting interstate or foreign commerce; or
                  (B) breed or possess;
        any prohibited wildlife species.
          (2) Limitation on application.--Paragraph (1) does 
        not apply to--
                  (A) an entity exhibiting animals to the 
                public under a Class C license from the 
                Department of Agriculture, or a Federal 
                facility registered with the Department of 
                Agriculture that exhibits animals, if such 
                entity or facility holds such license or 
                registration in good standing and if the entity 
                or facility--
                          (i) does not allow any individual to 
                        come into direct physical contact with 
                        a prohibited wildlife species, unless 
                        that individual is--
                                  (I) a trained professional 
                                employee or contractor of the 
                                entity or facility (or an 
                                accompanying employee receiving 
                                professional training);
                                  (II) a licensed veterinarian 
                                (or a veterinary student 
                                accompanying such a 
                                veterinarian); or
                                  (III) directly supporting 
                                conservation programs of the 
                                entity or facility, the contact 
                                is not in the course of 
                                commercial activity (which may 
                                be evidenced by advertisement 
                                or promotion of such activity 
                                or other relevant evidence), 
                                and the contact is incidental 
                                to humane husbandry conducted 
                                pursuant to a species-specific, 
                                publicly available, peer-edited 
                                population management and care 
                                plan that has been provided to 
                                the Secretary with 
                                justifications that the plan--
                                          (aa) reflects 
                                        established 
                                        conservation science 
                                        principles;
                                          (bb) incorporates 
                                        genetic and demographic 
                                        analysis of a multi-
                                        institution population 
                                        of animals covered by 
                                        the plan; and
                                          (cc) promotes animal 
                                        welfare by ensuring 
                                        that the frequency of 
                                        breeding is appropriate 
                                        for the species; and
                          (ii) ensures that during public 
                        exhibition of a lion (Panthera leo), 
                        tiger (Panthera tigris), leopard 
                        (Panthera pardus), snow leopard (Uncia 
                        uncia), jaguar (Panthera onca), cougar 
                        (Puma concolor), or any hybrid thereof, 
                        the animal is at least 15 feet from 
                        members of the public unless there is a 
                        permanent barrier sufficient to prevent 
                        public contact;
                  (B) a State college, university, or agency, 
                or a State-licensed veterinarian;
                  (C) a wildlife sanctuary that cares for 
                prohibited wildlife species, and--
                          (i) is a corporation that is exempt 
                        from taxation under section 501(a) of 
                        the Internal Revenue Code of 1986 and 
                        described in sections 501(c)(3) and 
                        170(b)(1)(A)(vi) of such Code;
                          (ii) does not commercially trade in 
                        any prohibited wildlife species, 
                        including offspring, parts, and 
                        byproducts of such animals;
                          (iii) does not breed any prohibited 
                        wildlife species;
                          (iv) does not allow direct contact 
                        between the public and any prohibited 
                        wildlife species; and
                          (v) does not allow the transportation 
                        and display of any prohibited wildlife 
                        species off-site;
                  (D) has custody of any prohibited wildlife 
                species solely for the purpose of expeditiously 
                transporting the prohibited wildlife species to 
                a person described in this paragraph with 
                respect to the species; or
                  (E) an entity or individual that is in 
                possession of any prohibited wildlife species 
                that was born before the date of the enactment 
                of the Big Cat Public Safety Act, and--
                          (i) not later than 180 days after the 
                        date of the enactment of the such Act, 
                        the entity or individual registers each 
                        individual animal of each prohibited 
                        wildlife species possessed by the 
                        entity or individual with the United 
                        States Fish and Wildlife Service;
                          (ii) does not breed, acquire, or sell 
                        any prohibited wildlife species after 
                        the date of the enactment of such Act; 
                        and
                          (iii) does not allow direct contact 
                        between the public and prohibited 
                        wildlife species.
  (f) Plant Declarations.--
          (1) Import declaration.--Effective 180 days from the 
        date of enactment of this subsection, and except as 
        provided in paragraph (3), it shall be unlawful for any 
        person to import any plant unless the person files upon 
        importation a declaration that contains--
                  (A) the scientific name of any plant 
                (including the genus and species of the plant) 
                contained in the importation;
                  (B) a description of--
                          (i) the value of the importation; and
                          (ii) the quantity, including the unit 
                        of measure, of the plant; and
                  (C) the name of the country from which the 
                plant was taken.
          (2) Declaration relating to plant products.--Until 
        the date on which the Secretary promulgates a 
        regulation under paragraph (6), a declaration relating 
        to a plant product shall--
                  (A) in the case in which the species of plant 
                used to produce the plant product that is the 
                subject of the importation varies, and the 
                species used to produce the plant product is 
                unknown, contain the name of each species of 
                plant that may have been used to produce the 
                plant product;
                  (B) in the case in which the species of plant 
                used to produce the plant product that is the 
                subject of the importation is commonly taken 
                from more than one country, and the country 
                from which the plant was taken and used to 
                produce the plant product is unknown, contain 
                the name of each country from which the plant 
                may have been taken; and
                  (C) in the case in which a paper or 
                paperboard plant product includes recycled 
                plant product, contain the average percent 
                recycled content without regard for the species 
                or country of origin of the recycled plant 
                product, in addition to the information for the 
                non-recycled plant content otherwise required 
                by this subsection.
          (3) Exclusions.--Paragraphs (1) and (2) shall not 
        apply to plants used exclusively as packaging material 
        to support, protect, or carry another item, unless the 
        packaging material itself is the item being imported.
          (4) Review.--Not later than two years after the date 
        of enactment of this subsection, the Secretary shall 
        review the implementation of each requirement imposed 
        by paragraphs (1) and (2) and the effect of the 
        exclusion provided by paragraph (3). In conducting the 
        review, the Secretary shall provide public notice and 
        an opportunity for comment.
          (5) Report.--Not later than 180 days after the date 
        on which the Secretary completes the review under 
        paragraph (4), the Secretary shall submit to the 
        appropriate committees of Congress a report 
        containing--
                  (A) an evaluation of--
                          (i) the effectiveness of each type of 
                        information required under paragraphs 
                        (1) and (2) in assisting enforcement of 
                        this section; and
                          (ii) the potential to harmonize each 
                        requirement imposed by paragraphs (1) 
                        and (2) with other applicable import 
                        regulations in existence as of the date 
                        of the report;
                  (B) recommendations for such legislation as 
                the Secretary determines to be appropriate to 
                assist in the identification of plants that are 
                imported into the United States in violation of 
                this section; and
                  (C) an analysis of the effect of subsection 
                (a) and this subsection on--
                          (i) the cost of legal plant imports; 
                        and
                          (ii) the extent and methodology of 
                        illegal logging practices and 
                        trafficking.
          (6) Promulgation of regulations.--Not later than 180 
        days after the date on which the Secretary completes 
        the review under paragraph (4), the Secretary may 
        promulgate regulations--
                  (A) to limit the applicability of any 
                requirement imposed by paragraph (2) to 
                specific plant products;
                  (B) to make any other necessary modification 
                to any requirement imposed by paragraph (2), as 
                determined by the Secretary based on the 
                review; and
                  (C) to limit the scope of the exclusion 
                provided by paragraph (3), if the limitations 
                in scope are warranted as a result of the 
                review.

SEC. 4. PENALTIES AND SANCTIONS.

  (a) Civil Penalties.--
          (1) Any person who engages in conduct prohibited by 
        any provision of this Act (other than subsections (b), 
        (d), (e), and (f) of section 3) and in the exercise of 
        due care should know that the fish or wildlife or 
        plants were taken, possessed, transported, or sold in 
        violation of, or in a manner unlawful under, any 
        underlying law, treaty, or regulation, and any person 
        who knowingly violates subsection (d), (e), or (f) of 
        section 3, may be assessed a civil penalty by the 
        Secretary of not more than $10,000 for each such 
        violation: Provided, That when the violation involves 
        fish or wildlife or plants with a market value of less 
        than $350, and involves only the transportation, 
        acquisition, or receipt of fish or wildlife or plants 
        taken or possessed in violation of any law, treaty, or 
        regulation of the United States, any Indian tribal law, 
        any foreign law, or any law or regulation of any State, 
        the penalty assessed shall not exceed the maximum 
        provided for violation of said law, treaty, or 
        regulation, or $10,000, whichever is less.
          (2) Any person who violates subsection (b) or (f) of 
        section 3, except as provided in paragraph (1), may be 
        assessed a civil penalty by the Secretary of not more 
        than $250.
          (3) For purposes of paragraphs (1) and (2), any 
        reference to a provision of this Act or to a section of 
        this Act shall be treated as including any regulation 
        issued to carry out any such provision or section.
          (4) No civil penalty may be assessed under this 
        subsection unless the person accused of the violation 
        is given notice and opportunity for a hearing with 
        respect to the violation. Each violation shall be a 
        separate offense and the offense shall be deemed to 
        have been committed not only in the district where the 
        violation first occurred, but also in any district in 
        which a person may have taken or been in possession of 
        the said fish or wildlife or plants.
          (5) Any civil penalty assessed under this subsection 
        may be remitted or mitigated by the Secretary.
          (6) In determining the amount of any penalty assessed 
        pursuant to paragraphs (1) and (2), the Secretary shall 
        take into account the nature, circumstances, extent, 
        and gravity of the prohibited act committed, and with 
        respect to the violator, the degree of culpability, 
        ability to pay, and such other matters as justice may 
        require.
  (b) Hearings.--Hearings held during proceedings for the 
assessment of civil penalties shall be conducted in accordance 
with section 554 of title 5, United States Code. The 
administrative law judge may issue subpenas for the attendance 
and testimony of witnesses and the production of relevant 
papers, books, or documents, and may administer oaths. 
Witnesses summoned shall be paid the same fees and mileage that 
are paid to witnesses in the courts of the United States. In 
case of contumacy or refusal to obey a subpena issued pursuant 
to this paragraph and served upon any person, the district 
court of the United States for any district in which such 
person is found, resides, or transacts business, upon 
application by the United States and after notice to such 
person, shall have jurisdiction to issue an order requiring 
such person to appear and give testimony before the 
administrative law judge or to appear and produce documents 
before the administrative law judge, or both, and any failure 
to obey such order of the court may be punished by such court 
as a contempt thereof.
  (c) Review of Civil Penalty.--Any person against whom a civil 
penalty is assessed under this section may obtain review 
thereof in the appropriate District Court of the United States 
by filing a complaint in such court within 30 days after the 
date of such order and by simultaneously serving a copy of the 
complaint by certified mail on the Secretary, the Attorney 
General, and the appropriate United States attorney. The 
Secretary shall promptly file in such court a certified copy of 
the record upon which such violation was found or such penalty 
imposed, as provided in section 2112 of title 28, United States 
Code. If any person fails to pay an assessment of a civil 
penalty after it has become a final and unappealable order or 
after the appropriate court has entered final judgment in favor 
of the Secretary, the Secretary may request the Attorney 
General of the United States to institute a civil action in an 
appropriate district court of the United States to collect the 
penalty, and such court shall have jurisdiction to hear and 
decide any such action. In hearing such action, the court shall 
have authority to review the violation and the assessment of 
the civil penalty de novo.
  (d) Criminal Penalties.--
          (1) Any person who--
                  (A) knowingly imports or exports any fish or 
                wildlife or plants in violation of any 
                provision of this Act (other than subsections 
                (b), (d), (e), and (f) of section 3), or
                  (B) violates any provision of this Act (other 
                than subsections (b), (d), (e), and (f) of 
                section 3) by knowingly engaging in conduct 
                that involves the sale or purchase of, the 
                offer of sale or purchase of, or the intent to 
                sell or purchase, fish or wildlife or plants 
                with a market value in excess of $350,
        knowing that the fish or wildlife or plants were taken, 
        possessed, transported, or sold in violation of, or in 
        a manner unlawful under, any underlying law, treaty or 
        regulation, shall be fined not more than $20,000, or 
        imprisoned for not more than five years, or both. Each 
        violation shall be a separate offense and the offense 
        shall be deemed to have been committed not only in the 
        district where the violation first occurred, but also 
        in any district in which the defendant may have taken 
        or been in possession of the said fish or wildlife or 
        plants.
          (2) Any person who knowingly engages in conduct 
        prohibited by any provision of this Act (other than 
        subsections (b), (d), (e), and (f) of section 3) and in 
        the exercise of due care should know that the fish or 
        wildlife or plants were taken, possessed, transported, 
        or sold in violation of, or in a manner unlawful under, 
        any underlying law, treaty or regulation shall be fined 
        not more than $10,000, or imprisoned for not more than 
        one year, or both. Each violation shall be a separate 
        offense and the offense shall be deemed to have been 
        committed not only in the district where the violation 
        first occurred, but also in any district in which the 
        defendant may have taken or been in possession of the 
        said fish or wildlife or plants.
          (3) Any person who knowingly violates subsection (d) 
        or (f) of section 3--
                  (A) shall be fined under title 18, United 
                States Code, or imprisoned for not more than 5 
                years, or both, if the offense involves--
                          (i) the importation or exportation of 
                        fish or wildlife or plants; or
                          (ii) the sale or purchase, offer of 
                        sale or purchase, or commission of an 
                        act with intent to sell or purchase 
                        fish or wildlife or plants with a 
                        market value greater than $350; and
                  (B) shall be fined under title 18, United 
                States Code, or imprisoned for not more than 1 
                year, or both, if the offense does not involve 
                conduct described in subparagraph (A).
          (4) Any person who knowingly violates section 3(e) 
        shall be fined not more than $20,000, or imprisoned for 
        not more than 5 years, or both. Each violation shall be 
        a separate offense and the offense is deemed to have 
        been committed in the district where the violation 
        first occurred, and in any district in which the 
        defendant may have taken or been in possession of the 
        prohibited wildlife species.
  (e) Permit Sanctions.--The Secretary may also suspend, 
modify, or cancel any Federal hunting or fishing license, 
permit, or stamp, or any license or permit authorizing a person 
to import or export fish or wildlife or plants (other than a 
permit or license issued pursuant to the Fishery Conservation 
and Management Act of 1976), or to operate a quarantine station 
or rescue center for imported wildlife or plants, issued to any 
person who is convicted of a criminal violation of any 
provision of this Act or any regulation issued hereunder. The 
Secretary shall not be liable for the payments of any 
compensation, reimbursement, or damages in connection with the 
modification, suspension, or revocation of any licenses, 
permits, stamps, or other agreements pursuant to this section.

SEC. 5. FORFEITURE.

  (a) In General.--
          (1) All fish or wildlife or plants bred, possessed, 
        imported, exported, transported, sold, received, 
        acquired, or purchased contrary to the provisions of 
        section 3 of this Act (other than subsection 3(b)), or 
        any regulation issued pursuant thereto, shall be 
        subject to forfeiture to the United States 
        notwithstanding any culpability requirements for civil 
        penalty assessment or criminal prosecution included in 
        section 4 of this Act.
          (2) All vessels, vehicles, aircraft, and other 
        equipment used to aid in the importing, exporting, 
        transporting, selling, receiving, acquiring, or 
        purchasing of fish or wildlife or plants in a criminal 
        violation of this Act for which a felony conviction is 
        obtained shall be subject to forfeiture to the United 
        States if (A) the owner of such vessel, vehicle, 
        aircraft, or equipment was at the time of the alleged 
        illegal act a consenting party or privy thereto or in 
        the exercise of due care should have known that such 
        vessel, vehicle, aircraft, or equipment would be used 
        in a criminal violation of this Act, and (B) the 
        violation involved the sale or purchase of, the offer 
        of sale or purchase of, or the intent to sell or 
        purchase, fish or wildlife or plants.
  (b) Application of Customs Laws.--All provisions of law 
relating to the seizure, forfeiture, and condemnation of 
property for violation of the customs laws, the disposition of 
such property or the proceeds from the sale thereof, and the 
remission or mitigation of such forfeiture, shall apply to the 
seizures and forfeitures incurred, or alleged to have been 
incurred, under the provisions of this Act, insofar as such 
provisions of law are applicable and not inconsistent with the 
provisions of this Act; except that all powers, rights, and 
duties conferred or imposed by the customs laws upon any 
officer or employee of the Treasury Department may, for the 
purposes of this Act, also be exercised or performed by the 
Secretary or by such persons as he may designate: Provided, 
That any warrant for search or seizure shall be issued in 
accordance with rule 41 of the Federal Rules of Criminal 
Procedure.
  (c) Storage Cost.--Any person convicted of an offense, or 
assessed a civil penalty, under section 4 shall be liable for 
the costs incurred in the storage, care, and maintenance of any 
fish or wildlife or plant seized in connection with the 
violation concerned.
  (d) Civil Forfeitures.--Civil forfeitures under this section 
shall be governed by the provisions of chapter 46 of title 18, 
United States Code.

           *       *       *       *       *       *       *


SEC. 7. ADMINISTRATION.

  (a) Regulations.--
          (1) The Secretary, after consultation with the 
        Secretary of the Treasury, is authorized to issue such 
        regulations, except as provided in paragraph (2), as 
        may be necessary to carry out the provisions of 
        sections 3(f), 4, and 5 of this Act.
          (2) The Secretaries of the Interior and Commerce 
        shall jointly promulgate specific regulations to 
        implement the provisions of subsection 3(b) and of this 
        Act for the marking and labeling of containers or 
        packages containing fish or wildlife. These regulations 
        shall be in accordance with existing commercial 
        practices.
          (3) The Secretary shall, in consultation with other 
        relevant Federal and State agencies, promulgate any 
        regulations necessary to implement section 3(e).
  (b) Contract Authority.--Beginning in fiscal year 1983, to 
the extent and in the amounts provided in advance in 
appropriations Acts, the Secretary may enter into such 
contracts, leases, cooperative agreements, or other 
transactions with any Federal or State agency, Indian tribe, 
public or private institution, or other person, as may be 
necessary to carry out the purposes of this Act.
  (c) Clarification of Exclusions From Definition of Plant.--
The Secretary of Agriculture and the Secretary of the Interior, 
after consultation with the appropriate agencies, shall jointly 
promulgate regulations to define the terms used in [section 
2(f)(2)(A)] section 2(g)(2)(A) for the purposes of enforcement 
under this Act.

           *       *       *       *       *       *       *

                              ----------                              


              CONSOLIDATED FARM AND RURAL DEVELOPMENT ACT




           *       *       *       *       *       *       *
TITLE III--AGRICULTURAL CREDIT

           *       *       *       *       *       *       *



Subtitle D--Administrative Provisions

           *       *       *       *       *       *       *


  Sec. 349. (a) For purposes of this section:
          (1) The term ``governmental entity'' means any agency 
        of the United States, a State, or a unit of local 
        government of a State.
          (2) The terms ``highly erodible land'' and 
        ``wetland'' have the meanings, respectively, that such 
        terms are given in section 1201 of the Food Security 
        Act of 1985.
          (3) The term ``wildlife'' means fish or wildlife as 
        defined in [section 2(a)] section 2 of the Lacey Act 
        Amendments of 1981 (16 U.S.C. [3371(a)] 3371).
          (4) The term ``recreational purposes'' includes 
        hunting.
  (b) Contracts on Loan Security Properties.--Subject to 
subsection (c), the Secretary may enter into a contract related 
to real property for conservation, recreation, or wildlife 
purposes.
  (c) Limitations.--The Secretary may enter into a contract 
under subsection (b) if--
          (1) such property is wetland, upland, or highly 
        erodible land;
          (2) such property is determined by the Secretary to 
        be suitable for the purposes involved; and
          (3)(A) such property secures any loan made under any 
        law administered by the Secretary and held by the 
        Secretary; and
          (B) such contract better enables a qualified borrower 
        to repay the loan in a timely manner, as determined by 
        the Secretary.
  (d) The terms and conditions specified in each such contract 
shall--
          (1) specify the purposes for which such real property 
        may be used;
          (2) identify the conservation measures to be taken, 
        and the recreational and wildlife uses to be allowed, 
        with respect to such real property; and
          (3) require such owner to permit the Secretary, and 
        any person or governmental entity designated by the 
        Secretary, to have access to such real property for the 
        purpose of monitoring compliance with such contract.
  (e)(1) Subject to paragraph (2), the Secretary may reduce or 
forgive the outstanding debt of a borrower--
          (A) in the case of a borrower to whom the Secretary 
        has made one or more outstanding loans under laws 
        administered by the Secretary, by canceling that part 
        of the aggregate amount of such outstanding loans that 
        bears the same ratio to such aggregate amount as the 
        number of acres of the real property of the borrower 
        that are subject to the contract bears to the aggregate 
        number of acres securing such loans; or
          (B) in any other case, by treating as prepaid that 
        part of the principal amount of a new loan to the 
        borrower issued and held by the Secretary under a law 
        administered by the Farmers Home Administration that 
        bears the same ratio to such principal amount as the 
        number of acres of the real property of the borrower 
        that are subject to the contract bears to the aggregate 
        number of acres securing the new loan.
  (2) The amount so canceled or treated as prepaid pursuant to 
paragraph (1) shall not exceed--
          (A) in the case of a delinquent loan, the value of 
        the land on which the contract is entered into or the 
        difference between the amount of the outstanding loan 
        secured by the land and the value of the land, 
        whichever is greater; or
          (B) in the case of a nondelinquent loan, 33 percent 
        of the amount of the loan secured by the land.
  (f) If the Secretary elects to use the authority provided by 
this section, the Secretary shall consult with the Director of 
the Fish and Wildlife Service for purposes of--
          (1) selecting real property in which the Secretary 
        may enter into contracts under this section;
          (2) formulating the terms and conditions of such 
        contracts; and
          (3) enforcing such contracts.
  (g) The Secretary, and any person or governmental entity 
designated by the Secretary, may enforce a contract entered 
into by the Secretary under this section.

           *       *       *       *       *       *       *


                            DISSENTING VIEWS

    H.R. 263, the Big Cat Public Safety Act, would create new 
federal authorities under the Lacey Act (16 U.S.C. 3371-3378) 
to supersede or preempt a state's authority to regulate big 
cats within that state and would set up a duplicative 
regulatory system. H.R. 263 would mandate all persons or 
entities that currently possess big cats to register each 
animal with the U.S. Fish and Wildlife Service (USFWS) within 
180 days of enactment in order to keep the animals. In 
addition, it would require big cat owners to certify that they 
will not breed, acquire, or sell any big cats, and would 
prohibit direct public contact.
    Currently, the Lacey Act limits who can engage in 
interstate commerce of big cats. H.R. 263 would expand these 
authorities, irrespective of state law, to require that big 
cats exhibited at U.S. Department of Agriculture (USDA)-
licensed or USDA-registered facilities be at least fifteen feet 
from the public or behind a permanent barrier. This requirement 
does not have an implementation period. Under H.R. 263, 
facilities that are not in compliance with the new requirements 
set by the bill prior to enactment would be subject to fines or 
jail time.
    H.R. 263's mandates would overlay state authority, and in 
some cases duplicate, existing federal government processes. 
The Animal and Plant Health Inspection Service (APHIS) at the 
USDA already regulates the treatment of animals in research and 
exhibition pursuant to the Animal Welfare Act of 1966 (7 U.S.C. 
2131 et seq.). The USDA already has inspectors and law 
enforcement officers in place that are experts in animal 
welfare issues. This bill ignores the existing animal 
regulatory process in place at the USDA and attempts to create 
a new regulatory system. Some supporters of the bill admit that 
H.R. 263 would overlay an existing federal process because they 
would rather work with the Committee on Natural Resources 
rather than the Committee on Agriculture.
    Creating two regulatory frameworks at two different 
departments--the Department of the Interior and USDA--overlayed 
with existing state regulation will only create confusion and 
duplication. For that reason, I offered an amendment that would 
have moved the authorities proposed by H.R. 263 into the 
current USDA framework without superseding state authorities. 
That alternative was unfortunately rejected on a party-line 
vote.
    If the Committee Democrats want to solve a problem with big 
cat regulation, they should reform the authorities that already 
address these matters, rather than creating a complicated and 
duplicative regulatory scheme. For these reasons, I am opposed 
to H.R. 263.
                                           Bruce Westerman,
                    Ranking Member, Committee on Natural Resources.

                                  [all]