PUBLIC LAW 108–486—DEC. 23, 2004

AMERICAN BALD EAGLE RECOVERY AND

NATIONAL EMBLEM COMMEMORATIVE COIN

ACT

118 STAT. 3934 PUBLIC LAW 108–486—DEC. 23, 2004

Public Law 108–486

108th Congress

An Act

To require the Secretary of the Treasury to mint coins celebrating the recovery

and restoration of the American bald eagle, the national symbol of the United

States, to America’s lands, waterways, and skies and the great importance of

the designation of the American bald eagle as an ‘‘endangered’’ species under

the Endangered Species Act of 1973, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘American Bald Eagle Recovery

and National Emblem Commemorative Coin Act’’.

SEC. 2. FINDINGS.

The Congress finds as follows:

(1) The bald eagle was designated as the national emblem

of the United States on June 20, 1782, by our country’s

Founding Fathers at the Second Continental Congress.

(2) The bald eagle is the greatest visible symbol of the

spirit of freedom and democracy in the world.

(3) The bald eagle species is unique to North America

and represents the American values and attributes of freedom,

courage, strength, spirit, loyalty, justice, equality, democracy,

quality, and excellence.

(4) The bald eagle is the central image used in the Great

Seal of the United States and the seal of many branches and

departments of the United States Government, including the

President and the Vice President of the United States, the

United States Congress, the Department of Defense, the

Department of the Treasury, the Department of Justice, the

Department of State, the Department of Commerce, the Department of Homeland Security, and the United States Postal

Service.

(5) The bald eagle’s image and symbolism have played

a profound role in establishing and honoring American beliefs

and traditions.

(6) The bald eagle’s image and symbolism have influenced

American art, music, history, literature, commerce, and culture

since the founding of our Nation.

(7) The bald eagle species was once threatened with possible extinction in the lower 48 States but is now making

a gradual, encouraging recovery within America’s lands, waterways, and skies.

(8) The bald eagle was federally classified as an ‘‘endangered’’ species in 1973 under the Endangered Species Act of

American Bald

Eagle Recovery

and National

Emblem

Commemorative

Coin Act.

31 USC 5112

note.

Dec. 23, 2004

[H.R. 4116]

PUBLIC LAW 108–486—DEC. 23, 2004 118 STAT. 3935

1973, and, in 1995, was removed from the ‘‘endangered’’ species

list and upgraded to the less imperiled ‘‘threatened’’ status

under such Act.

(9) The administration is likely to officially delist the bald

eagle from both the ‘‘endangered’’ and ‘‘threatened’’ species

lists under the Endangered Species Act of 1973 by no later

than 2008.

(10) The initial recovery of the bald eagle population in

the United States was accomplished by the vigilant efforts

of numerous caring agencies, corporations, organizations, and

citizens.

(11) The continued caring and concern of the American

people and the further restoration and protection of the bald

eagle and its habitat is necessary to guarantee the full recovery

and survival of this precious national treasure for future

generations.

(12) Since the Endangered Species Act of 1973 requires

that delisted species be administratively monitored for a 5-

year period, the bald eagle nests in 49 States will require

continual monitoring after the bald eagle is removed from the

protection of such Act; and such efforts will require substantial

funding to the Federal and State agencies and private organizations that will conduct such monitoring.

(13) Due to Federal and State budget cutting and balancing

trends, funding for on-going bald eagle care, restoration, monitoring, protection, and enhancement programs has diminished

annually.

(14) In anticipation of the nationwide observance of the

official removal, by 2008, of the bald eagle from the ‘‘threatened’’

species list under the Endangered Species Act of 1973, and

the 35th anniversary, in 2008, of the Endangered Species Act

of 1973 and the designation of the bald eagle as an ‘‘endangered’’ species under such Act, Congress wishes to offer the

opportunity for all persons to voluntarily participate in raising

funds for future bald eagle recovery, monitoring, and preservation efforts and to contribute to a special American Eagle

Fund endowment managed by the not-for-profit American Eagle

Foundation of Tennessee in the United States, in cooperation

with fund management experts.

(15) It is appropriate for Congress to authorize coins—

(A) celebrating the recovery and restoration of the bald

eagle, the living symbol of freedom in the United States,

to America’s lands, waterways, and skies;

(B) commemorating the removal of the bald eagle from

the ‘‘endangered’’ and ‘‘threatened’’ species lists under the

Endangered Species Act of 1973; and

(C) commemorating the 35th anniversary of the enactment of the Endangered Species Act of 1973 and the designation of the bald eagle as an ‘‘endangered’’ species under

such Act.

SEC. 3. COIN SPECIFICATIONS.

(a) DENOMINATIONS.—In celebration of the recovery of the bald

eagle, the national living symbol of freedom, to America’s lands,

waterways, and skies and in commemoration of the 35th anniversary of the enactment of the Endangered Species Act of 1973

and the placement of the bald eagle on the endangered species

118 STAT. 3936 PUBLIC LAW 108–486—DEC. 23, 2004

list under such Act, the Secretary of the Treasury (hereafter in

this Act referred to as the ‘‘Secretary’’) shall mint and issue the

following coins:

(1) $5 GOLD COINS.—Not more than 100,000 $5 coins, which

shall—

(A) weigh 8.359 grams;

(B) have a diameter of 0.850 inches; and

(C) contain 90 percent gold and 10 percent alloy.

(2) $1 SILVER COINS.—Not more than 500,000 $1 coins,

which shall—

(A) weigh 26.73 grams;

(B) have a diameter of 1.500 inches; and

(C) contain 90 percent silver and 10 percent copper.

(3) HALF DOLLAR CLAD COINS.—Not more than 750,000

half dollar coins which shall—

(A) weigh 11.34 grams;

(B) have a diameter of 1.205 inches; and

(C) be minted to the specifications for half dollar coins

contained in section 5112(b) of title 31, United States Code.

(b) LEGAL TENDER.—The coins minted under this Act shall

be legal tender, as provided in section 5103 of title 31, United

States Code.

(c) NUMISMATIC ITEMS.—For purposes of sections 5134 and

5136 of title 31, United States Code, all coins minted under this

Act shall be considered to be numismatic items.

SEC. 4. DESIGN OF COINS.

(a) DESIGN REQUIREMENTS.—

(1) IN GENERAL.—The design of the coins minted under

this Act shall be emblematic of the bald eagle and its history,

natural biology, and national symbolism.

(2) DESIGNATION AND INSCRIPTIONS.—On each coin minted

under this Act there shall be—

(A) a designation of the value of the coin;

(B) an inscription of the year ‘‘2008’’ ; and

(C) inscriptions of the words ‘‘Liberty’’, ‘‘In God We

Trust’’, ‘‘United States of America’’, and ‘‘E Pluribus

Unum’’.

(b) SELECTION.—The design for the coins minted under this

Act shall be—

(1) selected by the Secretary after consultation with the

Commission of Fine Arts, and the American Eagle Foundation

of Tennessee in the United States; and

(2) reviewed by the Citizens Coinage Advisory Committee.

SEC. 5. ISSUANCE OF COINS.

(a) QUALITY OF COINS.—Coins minted under this Act shall

be issued in uncirculated and proof qualities.

(b) MINT FACILITY.—Only 1 facility of the United States Mint

may be used to strike any particular quality of the coins minted

under this Act.

(c) PERIOD FOR ISSUANCE.—The Secretary may issue coins

minted under this Act only during the 1-year period beginning

on January 1, 2008.

SEC. 6. SALE OF COINS.

(a) SALE PRICE.—The coins issued under this Act shall be

sold by the Secretary at a price equal to the sum of—

PUBLIC LAW 108–486—DEC. 23, 2004 118 STAT. 3937

(1) the face value of the coins;

(2) the surcharge provided in section 7(a) with respect

to such coins; and

(3) the cost of designing and issuing the coins (including

labor, materials, dies, use of machinery, overhead expenses,

marketing, and shipping).

(b) BULK SALES.—The Secretary shall make bulk sales of the

coins issued under this Act at a reasonable discount.

(c) PREPAID ORDERS.—

(1) IN GENERAL.—The Secretary shall accept prepaid orders

for the coins minted under this Act before the issuance of

such coins.

(2) DISCOUNT.—Sale prices with respect to prepaid orders

under paragraph (1) shall be at a reasonable discount.

SEC. 7. SURCHARGES.

(a) IN GENERAL.—All sales of coins minted under this Act

shall include a surcharge as follows:

(1) A surcharge of $35 per coin for the $5 coin.

(2) A surcharge of $10 per coin for the $1 coin.

(3) A surcharge of $3 per coin for the half dollar coin.

(b) DISTRIBUTION.—Subject to section 5134(f) of title 31, United

States Code, all surcharges received by the Secretary from the

sale of coins issued under this Act shall be promptly paid by

the Secretary to the American Eagle Foundation of Tennessee in

the United States to further its works.

(c) AUDITS.—The American Eagle Foundation of Tennessee in

the United States and the American Eagle Fund shall be subject

to the audit requirements of section 5134(f)(2) of title 31, United

States Code, with regard to the amounts received by the Foundation

or the Fund under subsection (b).

(d) LIMITATION.—Notwithstanding subsection (a), no surcharge

may be included with respect to the issuance under this Act of

any coin during a calendar year if, as of the time of such issuance,

the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual

2 commemorative coin program issuance limitation under section

5112(m)(1) of title 31, United States Code (as in effect on the

118 STAT. 3938 PUBLIC LAW 108–486—DEC. 23, 2004

LEGISLATIVE HISTORY—H.R. 4116:

CONGRESSIONAL RECORD, Vol. 150 (2004):

Dec. 7, considered and passed House.

Dec. 8, considered and passed Senate.

Æ

date of the enactment of this Act). The Secretary of the Treasury

may issue guidance to carry out this subsection.

Approved December 23, 2004.