Calendar No. 692

103D CONGRESS

2D SESSION H.R. 4924

AN ACT

To assist in the conservation of rhinoceros and tiSecretariat. noceros and tiger populations, and of the CITES whose activities directly or indirectly affect rhi- sources for the conservation programs of nations gers by supporting and providing financial reSEPTEMBER 28 (legislative day, SEPTEMBER 12), 1994

Received; read twice and ordered placed on the calendar
II

Calendar No. 692

103D CONGRESS

2D SESSION H. R. 4924

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 28 (legislative day, SEPTEMBER 12), 1994

Received; read twice and ordered placed on the calendar

AN ACT

To assist in the conservation of rhinoceros and tigers by

supporting and providing financial resources for the conservation programs of nations whose activities directly

or indirectly affect rhinoceros and tiger populations, and

of the CITES Secretariat.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Rhinoceros and Tiger

5 Conservation Act of 1994’’.

6 SEC. 2. FINDINGS.

7 The Congress finds the following:
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1 (1) The world’s rhinoceros population is declin2 ing at an alarming rate, a 90 percent decline since

3 1970.

4 (2) All 5 subspecies of tiger are currently

5 threatened with extinction in the wild, with approxi6 mately 5,000 to 6,000 tigers remaining worldwide.

7 (3) All rhinoceros species have been listed on

8 Appendix I of CITES since 1977.

9 (4) All tiger subspecies have been listed on Ap10 pendix I of CITES since 1987.

11 (5) The tiger and all rhinoceros species, except

12 the southern subspecies of white rhinoceros, are list13 ed as endangered species under the Endangered

14 Species Act of 1973 (16 U.S.C. 1531 et seq.).

15 (6) In 1987, the parties to CITES adopted a

16 resolution that urged all parties to establish a mora17 torium on the sale and trade in rhinoceros products

18 (other than legally taken trophies), to destroy gov19 ernment stockpiles of rhinoceros horn, and to exert

20 pressure on countries continuing to allow trade in

21 rhinoceros products.

22 (7) On September 7, 1993, under section 8 of

23 the Fishermen’s Protective Act of 1967 (22 U.S.C.

24 1978) the Secretary certified that the People’s Re25 public of China and Taiwan were engaged in trade
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1 of rhinoceros parts and tiger parts that diminished

2 the effectiveness of an international conservation

3 program for that endangered species.

4 (8) On September 9, 1993, the Standing Com5 mittee of CITES, in debating the continuing prob6 lem of trade in rhinoceros horn and tiger parts,

7 adopted a resolution urging parties to CITES to im8 plement stricter domestic measures, up to and in9 cluding an immediate prohibition in trade in wildlife

10 species.

11 (9) On November 8, 1993, under section 8 of

12 the Fisherman’s Protection Act of 1967 (22 U.S.C.

13 1978), the President announced that the United

14 States would impose trade sanctions against China

15 and Taiwan unless substantial progress was made by

16 March 1994 toward ending trade in rhinoceros and

17 tiger products.

18 (10) On April 11, 1994, under section 8 of the

19 Fisherman’s Protective Act of 1967 (22 U.S.C.

20 1978), the President—

21 (A) directed that imports of wildlife speci22 mens and products from Taiwan be prohibited,

23 in response to Taiwan’s failure to undertake

24 sufficient actions to stop illegal rhinoceros and

25 tiger trade; and
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1 (B) indicated that the certification of

2 China would remain in effect and directed that

3 additional monitoring of China’s progress be

4 undertaken.

5 SEC. 3. PURPOSES.

6 The purposes of this Act are the following:

7 (1) To assist in the conservation of rhinoceros

8 and tigers by supporting the conservation programs

9 of nations whose activities directly or indirectly af10 fect rhinoceros and tiger populations, and the

11 CITES Secretariat.

12 (2) To provide financial resources for those

13 programs.

14 SEC. 4. DEFINITIONS.

15 In this Act—

16 (1) ‘‘CITES’’ means the Convention on Inter17 national Trade in Endangered Species of Wild

18 Fauna and Flora, signed on March 3, 1973, and its

19 appendices;

20 (2) ‘‘conservation’’ means the use of all meth21 ods and procedures necessary to bring rhinoceros

22 and tigers to the point at which there are sufficient

23 populations to ensure that those species do not be24 come extinct, including all activities associated with

25 scientific resource management, such as research,
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1 census, law enforcement, habitat protection, acquisi2 tion, and management, propagation, live trapping,

3 and transportation;

4 (3) ‘‘Fund’’ means the Rhinoceros and Tiger

5 Conservation Fund established under section 6(a);

6 (4) ‘‘Secretary’’ means the Secretary of the In7 terior; and

8 (5) ‘‘Administrator’’ means the Administrator

9 of the Agency for International Development.

10 SEC. 5. RHINOCEROS AND TIGER CONSERVATION ASSIST11 ANCE.

12 (a) IN GENERAL.—The Secretary, subject to the

13 availability of appropriations and in consultation with the

14 Administrator, shall use amounts in the Fund to provide

15 financial assistance for projects for the conservation of

16 rhinoceros and tigers.

17 (b) PROJECT PROPOSAL.—A country whose activities

18 directly or indirectly affect rhinoceros or tiger populations,

19 the CITES Secretariat, or any other person may submit

20 to the Secretary a project proposal under this section.

21 Each proposal shall—

22 (1) name the individual responsible for conduct23 ing the project;

24 (2) state the purposes of the project succinctly;
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1 (3) describe the qualifications of the individuals

2 who will conduct the project;

3 (4) estimate the funds and time required to

4 complete the project;

5 (5) provide evidence of support of the project by

6 appropriate governmental entities of countries in

7 which the project will be conducted, if the Secretary

8 determines that the support is required for the suc9 cess of the project; and

10 (6) provide any other information the Secretary

11 considers to be necessary for evaluating the eligi12 bility of the project for funding under this Act.

13 (c) PROJECT REVIEW AND APPROVAL.—Within 30

14 days of receiving a final project proposal, the Secretary

15 shall provide a copy of the proposal to the Administrator.

16 The Secretary shall review each final project proposal to

17 determine if it meets the criteria set forth in subsection

18 (d). Not later than 6 months after receiving a final project

19 proposal, and subject to the availability of funds, the Sec20 retary, after consulting with the Administrator, shall ap21 prove or disapprove the proposal and provide written noti22 fication to the person who submitted the proposal, to the

23 Administrator, and to each country within which the

24 project is to be conducted.
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1 (d) CRITERIA FOR APPROVAL.—The Secretary may

2 approve a project under this section if the project will en3 hance programs for conservation of rhinoceros or tigers

4 by assisting efforts to—

5 (1) implement conservation programs;

6 (2) enhance compliance with provisions of

7 CITES and laws of the United States or a foreign

8 country that prohibit or regulate the taking or trade

9 of rhinoceros or tigers or the use of rhinoceros or

10 tiger habitat; or

11 (3) develop sound scientific information on that

12 species’ habitat condition and carrying capacity,

13 total numbers and population trends, or annual re14 production and mortality.

15 (e) PROJECT SUSTAINABILITY.—To the maximum

16 extent practical, the Secretary should give consideration

17 to projects which will enhance sustainable development

18 programs to ensure effective, long-term conservation of

19 rhinoceros and tigers.

20 (f) PROJECT REPORTING.—Each person that receives

21 assistance under this section for a project shall provide

22 periodic reports, as the Secretary considers necessary, to

23 the Secretary and the Administrator. Each report shall in24 clude all information requested by the Secretary, after
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1 consulting with the Administrator, for evaluating the

2 progress and success of the project.

3 SEC. 6. RHINOCEROS AND TIGER CONSERVATION FUND.

4 (a) ESTABLISHMENT.—There is established in the

5 general fund of the Treasury a separate account to be

6 known as the ‘‘Rhinoceros and Tiger Conservation Fund’’,

7 which shall consist of amounts deposited into the Fund

8 by the Secretary of the Treasury under subsection (b).

9 (b) DEPOSITS INTO THE FUND.—The Secretary of

10 the Treasury shall deposit into the Fund—

11 (1) all amounts received by the Secretary in the

12 form of donations under subsection (d); and

13 (2) other amounts appropriated to the Fund.

14 (c) USE.—

15 (1) IN GENERAL.—Subject to paragraph (2),

16 the Secretary may use amounts in the Fund without

17 further appropriation to provide assistance under

18 section 5.

19 (2) ADMINISTRATION.—Of amounts in the

20 Fund available for each fiscal year, the Secretary

21 may use not more than 3 percent to administer the

22 Fund.

23 (d) ACCEPTANCE AND USE OF DONATIONS.—The

24 Secretary may accept and use donations to provide assist25 ance under section 5. Amounts received by the Secretary
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1 in the form of donations shall be transferred to the Sec2 retary of the Treasury for deposit into the Fund.

3 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

4 There are authorized to be appropriated to the Fund

5 $10,000,000 for each of fiscal years 1996, 1997, 1998,

6 1999, and 2000 to carry out this Act, to remain available

7 until expended.

Passed the House of Representatives September 27,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.