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[108th Congress Public Law 486]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ486.108]

[[Page 3933]]

 AMERICAN BALD EAGLE RECOVERY AND NATIONAL EMBLEM COMMEMORATIVE COIN ACT

[[Page 118 STAT. 3934]]

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. <<NOTE: Dec. 23, 2004 -  [H.R. 4116]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: American Bald Eagle 
Recovery and National Emblem Commemorative Coin Act. 31 USC 5112 
note.>> 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

[[Page 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

[[Page 118 STAT. 3936]]

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--

[[Page 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

[[Page 118 STAT. 3938]]

date of the enactment of this Act). The Secretary of the Treasury may 
issue guidance to carry out this subsection.

    Approved December 23, 2004.

LEGISLATIVE HISTORY--H.R. 4116:
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CONGRESSIONAL RECORD, Vol. 150 (2004):
            Dec. 7, considered and passed House.
            Dec. 8, considered and passed Senate.

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