`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4924 Reported in Senate (RS)]

                                                       Calendar No. 692

103d CONGRESS

  2d Session

                               H.R. 4924

_______________________________________________________________________

                                 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.

_______________________________________________________________________

           September 28 (legislative day, September 12), 1994

        Received; read twice and ordered placed on the calendar





                                                       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.

    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 ``Rhinoceros and Tiger Conservation 
Act of 1994''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The world's rhinoceros population is declining at an 
        alarming rate, a 90 percent decline since 1970.
            (2) All 5 subspecies of tiger are currently threatened with 
        extinction in the wild, with approximately 5,000 to 6,000 
        tigers remaining worldwide.
            (3) All rhinoceros species have been listed on Appendix I 
        of CITES since 1977.
            (4) All tiger subspecies have been listed on Appendix I of 
        CITES since 1987.
            (5) The tiger and all rhinoceros species, except the 
        southern subspecies of white rhinoceros, are listed as 
        endangered species under the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.).
            (6) In 1987, the parties to CITES adopted a resolution that 
        urged all parties to establish a moratorium on the sale and 
        trade in rhinoceros products (other than legally taken 
        trophies), to destroy government stockpiles of rhinoceros horn, 
        and to exert pressure on countries continuing to allow trade in 
        rhinoceros products.
            (7) On September 7, 1993, under section 8 of the 
        Fishermen's Protective Act of 1967 (22 U.S.C. 1978) the 
        Secretary certified that the People's Republic of China and 
        Taiwan were engaged in trade of rhinoceros parts and tiger 
        parts that diminished the effectiveness of an international 
        conservation program for that endangered species.
            (8) On September 9, 1993, the Standing Committee of CITES, 
        in debating the continuing problem of trade in rhinoceros horn 
        and tiger parts, adopted a resolution urging parties to CITES 
        to implement stricter domestic measures, up to and including an 
        immediate prohibition in trade in wildlife species.
            (9) On November 8, 1993, under section 8 of the Fisherman's 
        Protection Act of 1967 (22 U.S.C. 1978), the President 
        announced that the United States would impose trade sanctions 
        against China and Taiwan unless substantial progress was made 
        by March 1994 toward ending trade in rhinoceros and tiger 
        products.
            (10) On April 11, 1994, under section 8 of the Fisherman's 
        Protective Act of 1967 (22 U.S.C. 1978), the President--
                    (A) directed that imports of wildlife specimens and 
                products from Taiwan be prohibited, in response to 
                Taiwan's failure to undertake sufficient actions to 
                stop illegal rhinoceros and tiger trade; and
                    (B) indicated that the certification of China would 
                remain in effect and directed that additional 
                monitoring of China's progress be undertaken.

SEC. 3. PURPOSES.

    The purposes of this Act are the following:
            (1) To assist in the conservation of rhinoceros and tigers 
        by supporting the conservation programs of nations whose 
        activities directly or indirectly affect rhinoceros and tiger 
        populations, and the CITES Secretariat.
            (2) To provide financial resources for those programs.

SEC. 4. DEFINITIONS.

    In this Act--
            (1) ``CITES'' means the Convention on International Trade 
        in Endangered Species of Wild Fauna and Flora, signed on March 
        3, 1973, and its appendices;
            (2) ``conservation'' means the use of all methods and 
        procedures necessary to bring rhinoceros and tigers to the 
        point at which there are sufficient populations to ensure that 
        those species do not become extinct, including all activities 
        associated with scientific resource management, such as 
        research, census, law enforcement, habitat protection, 
        acquisition, and management, propagation, live trapping, and 
        transportation;
            (3) ``Fund'' means the Rhinoceros and Tiger Conservation 
        Fund established under section 6(a);
            (4) ``Secretary'' means the Secretary of the Interior; and
            (5) ``Administrator'' means the Administrator of the Agency 
        for International Development.

SEC. 5. RHINOCEROS AND TIGER CONSERVATION ASSISTANCE.

    (a) In General.--The Secretary, subject to the availability of 
appropriations and in consultation with the Administrator, shall use 
amounts in the Fund to provide financial assistance for projects for 
the conservation of rhinoceros and tigers.
    (b) Project Proposal.--A country whose activities directly or 
indirectly affect rhinoceros or tiger populations, the CITES 
Secretariat, or any other person may submit to the Secretary a project 
proposal under this section. Each proposal shall--
            (1) name the individual responsible for conducting the 
        project;
            (2) state the purposes of the project succinctly;
            (3) describe the qualifications of the individuals who will 
        conduct the project;
            (4) estimate the funds and time required to complete the 
        project;
            (5) provide evidence of support of the project by 
        appropriate governmental entities of countries in which the 
        project will be conducted, if the Secretary determines that the 
        support is required for the success of the project; and
            (6) provide any other information the Secretary considers 
        to be necessary for evaluating the eligibility of the project 
        for funding under this Act.
    (c) Project Review and Approval.--Within 30 days of receiving a 
final project proposal, the Secretary shall provide a copy of the 
proposal to the Administrator. The Secretary shall review each final 
project proposal to determine if it meets the criteria set forth in 
subsection (d). Not later than 6 months after receiving a final project 
proposal, and subject to the availability of funds, the Secretary, 
after consulting with the Administrator, shall approve or disapprove 
the proposal and provide written notification to the person who 
submitted the proposal, to the Administrator, and to each country 
within which the project is to be conducted.
    (d) Criteria for Approval.--The Secretary may approve a project 
under this section if the project will enhance programs for 
conservation of rhinoceros or tigers by assisting efforts to--
            (1) implement conservation programs;
            (2) enhance compliance with provisions of CITES and laws of 
        the United States or a foreign country that prohibit or 
        regulate the taking or trade of rhinoceros or tigers or the use 
        of rhinoceros or tiger habitat; or
            (3) develop sound scientific information on that species' 
        habitat condition and carrying capacity, total numbers and 
        population trends, or annual reproduction and mortality.
    (e) Project Sustainability.--To the maximum extent practical, the 
Secretary should give consideration to projects which will enhance 
sustainable development programs to ensure effective, long-term 
conservation of rhinoceros and tigers.
    (f) Project Reporting.--Each person that receives assistance under 
this section for a project shall provide periodic reports, as the 
Secretary considers necessary, to the Secretary and the Administrator. 
Each report shall include all information requested by the Secretary, 
after consulting with the Administrator, for evaluating the progress 
and success of the project.

SEC. 6. RHINOCEROS AND TIGER CONSERVATION FUND.

    (a) Establishment.--There is established in the general fund of the 
Treasury a separate account to be known as the ``Rhinoceros and Tiger 
Conservation Fund'', which shall consist of amounts deposited into the 
Fund by the Secretary of the Treasury under subsection (b).
    (b) Deposits Into the Fund.--The Secretary of the Treasury shall 
deposit into the Fund--
            (1) all amounts received by the Secretary in the form of 
        donations under subsection (d); and
            (2) other amounts appropriated to the Fund.
    (c) Use.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        may use amounts in the Fund without further appropriation to 
        provide assistance under section 5.
            (2) Administration.--Of amounts in the Fund available for 
        each fiscal year, the Secretary may use not more than 3 percent 
        to administer the Fund.
    (d) Acceptance and Use of Donations.--The Secretary may accept and 
use donations to provide assistance under section 5. Amounts received 
by the Secretary in the form of donations shall be transferred to the 
Secretary of the Treasury for deposit into the Fund.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Fund $10,000,000 for 
each of fiscal years 1996, 1997, 1998, 1999, and 2000 to carry out this 
Act, to remain available until expended.

            Passed the House of Representatives September 27, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.`