`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4924 Enrolled Bill (ENR)]

        H.R.4924

                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
 the twenty-fifth day of January, one thousand nine hundred and ninety-
                                  four


                                 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 
    towards 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.







                               Speaker of the House of Representatives.







                            Vice President of the United States and    
                                               President of the Senate.`