In the House of Representatives, U. S.,

October 7, 1994.

Resolved, That the House agree to the amendment of

the Senate to the text of the bill (H.R. 3664) entitled ‘‘An

Act to direct the Secretary of the Interior to convey to the

State of Minnesota the New London National Fish Hatchery

production facility’’, with the following

AMENDMENTS:

In lieu of the matter inserted by said amendment to

the text of the bill, strike out all after the enacting clause

of H.R. 3664 and insert:

1 TITLE I—FISH HATCHERY CONVEYANCES

2 SECTION 101. CONVEYANCE OF NEW LONDON NATIONAL

3 FISH HATCHERY PRODUCTION FACILITY TO

4 THE STATE OF MINNESOTA.

5 (a) CONVEYANCE AUTHORIZED.—Notwithstanding

6 any other provision of law and within 180 days after the

7 date of the enactment of this Act, the Secretary of the Inte8 rior shall convey to the State of Minnesota without reim9 bursement all right, title, and interest of the United States

10 in and to the property comprising the New London Na11 tional Fish Hatchery production facility, located outside of

12 downtown New London, Minnesota, including—
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1 (1) all easements and water rights relating to

2 that property; and

3 (2) all land, improvements, and related personal

4 property comprising that production facility.

5 (b) USE OF PROPERTY.—All property and interests

6 conveyed under this section shall be used by the Minnesota

7 Department of Natural Resources for the Minnesota fishery

8 resources management program.

9 (c) REVERSIONARY INTEREST.—All right, title, and

10 interest in and to all property interests conveyed under this

11 section shall revert to the United States on any date on

12 which any of the property or interests are used other than

13 for the Minnesota fishery resources management program.

14 SEC. 102. CONVEYANCE OF THE FAIRPORT NATIONAL FISH

15 HATCHERY TO THE STATE OF IOWA.

16 (a) CONVEYANCE.—The Secretary of the Interior shall

17 convey to the State of Iowa, without reimbursement and

18 by no later than December 31, 1994, all right, title, and

19 interest of the United States in and to the fish hatchery

20 described in subsection (b) for use by the State for purposes

21 of fishery resources management.

22 (b) HATCHERY DESCRIBED.—The fish hatchery de23 scribed in subsection (a) is the Fairport National Fish

24 Hatchery located in Muscatine County, Iowa, adjacent to

25 the State Highway 22 west of Davenport, Iowa, including
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1 all real property, improvements to real property, and per2 sonal property.

3 (c) USE AND REVERSIONARY INTEREST.—The prop4 erty conveyed to the State of Iowa pursuant to this section

5 shall be used by the State for purposes of fishery resources

6 management, and if it is used for any other purpose all

7 right, title, and interest in and to all property conveyed

8 pursuant to this section shall revert to the United States.

9 SEC. 103. CONVEYANCE OF CORNING NATIONAL FISH

10 HATCHERY TO THE STATE OF ARKANSAS.

11 (a) CONVEYANCE REQUIREMENT.—The Secretary of

12 the Interior shall convey to the State of Arkansas, without

13 reimbursement and by no later than 90 days after the en14 actment of this act, all right, title, and interest of the

15 United States in and to the property described in subsection

16 (b), for use by the Arkansas Game and Fish Commission

17 as part of the State of Arkansas Fish culture program.

18 (b) PROPERTY DESCRIBED.—The property referred to

19 in subsection (a) is the property known as the Corning Na20 tional Fish Hatchery (popularly known as the William H.

21 Donham State Fish Hatchery), located one mile west of

22 Corning, Arkansas, on Arkansas State Highway 67 in Clay

23 County, Arkansas, consisting of 137.34 acres (more or less),

24 and all improvements and related personal property under
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1 the control of the Secretary that is located on that property,

2 including buildings, structures, and equipment.

3 (c) REVERSIONARY INTEREST OF THE UNITED

4 STATES.—All right, title, and interest in property described

5 in subsection (b) shall revert to the United States if the

6 property ceases to be used as part of the State of Arkansas

7 fish culture program. The State of Arkansas shall ensure

8 that the property reverting to the United States is in sub9 stantially the same or better condition as at the time of

10 transfer.

11 TITLE II—OCEAN RADIOACTIVE WASTE

12 DUMPING BAN

13 SEC. 201. OCEAN RADIOACTIVE WASTE.

14 (a) AMENDMENTS TO THE OCEAN DUMPING ACT.—The

15 Marine Protection, Research, and Sanctuaries Act of 1972

16 (33 U.S.C. 1401 et seq.) is amended—

17 (1) in section 3 (33 U.S.C. 1402), by—

18 (A) striking paragraph (j); and

19 (B) redesignating the following paragraphs

20 accordingly;

21 (2) by altering a reference to the paragraphs re22 designated under paragraph (1) of this section;

23 (3) in section 102(a) (33 U.S.C. 1412(a)), by

24 striking ‘‘high-level’’ before ‘‘radioactive waste’’; and
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1 (4) in section 104 (33 U.S.C. 1414), by striking

2 subsection (i).

3 (b) CLARIFICATION.—Nothing in this section shall af4 fect the transportation of material containing de minimis

5 levels of radioactivity for the purpose of dumping it into

6 ocean waters under the Marine Protection, Research, and

7 Sanctuaries Act of 1972.

8 TITLE III—THE EDWIN B. FORSYTHE

9 NATIONAL WILDLIFE REFUGE

10 SEC. 301. VISITOR CENTER.

11 (a) AUTHORITY.—

12 (1) IN GENERAL.—The Secretary of the Interior

13 shall, subject to the availability of appropriations,

14 construct and operate a visitor center at the Edwin

15 B. Forsythe National Wildlife Refuge in Atlantic

16 County, New Jersey for purposes of—

17 (A) providing public opportunities, facili18 ties, and resources to study the natural history

19 and natural resources of New Jersey and its

20 coast;

21 (B) providing public opportunities, facili22 ties, and resources to highlight and research

23 areas and artifacts of historical significance

24 within the Refuge;
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1 (C) fostering an awareness and understand2 ing of the interactions among wildlife, coastal

3 and wetland ecosystems, and human activities

4 both in a modern and historical context; and

5 (D) providing office space and facilities for

6 refuge administration, research, educational, and

7 related activities.

8 (b) DESIGN.—The Secretary of the Interior shall en9 sure that the design, size, and location of a facility con10 structed under this section are consistent with the cultural

11 and natural history of the area with which the facility will

12 be concerned.

13 (c) COST SHARING.—The Secretary of the Interior

14 may accept contributions of funds from non-Federal sources

15 to pay the costs of operating and maintaining the facility

16 authorized under this section, and shall diligently pursue

17 appropriate steps to obtain such contributions.

18 TITLE IV—STATE AND FEDERAL

19 COOPERATION

20 SEC. 401. IN GENERAL.

21 To the greatest extent practicable, the Secretary of the

22 Interior and the heads of other federal agencies shall consult

23 and cooperate with state fish and wildlife agency personnel

24 on areas of mutual concern involving the conservation of

25 fish, wildlife and their habitats, and the implementation
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1 of federal laws involving the conservation of such species

2 and their habitats. In cooperating with such agencies, the

3 Secretary and the heads of other federal agencies shall not

4 be subject to the provisions of the Federal Advisory Commit5 tee Act (5 U.S.C. APP. 2).

6 TITLE V—DON EDWARDS CENTER FOR EN7 VIRONMENTAL EDUCATION AT SAN

8 FRANCISCO BAY NATIONAL WILDLIFE

9 REFUGE

10 SEC. 501. FINDINGS.

11 The Congress Finds that:

12 (1) The San Francisco Bay National Wildlife

13 Refuge provides great opportunities for observing and

14 interpreting the biological richness of the San Fran15 cisco Bay estuary and its wetlands and wildlife.

16 (2) Congressman Don Edwards was the sponsor

17 of legislation to establish and to expand the San

18 Francisco Bay National Wildlife Refuge and has led

19 the efforts to secure acquisition funds for the refuge.

20 (3) The people of the San Francisco Bay area

21 and the State of California will benefit, for decades

22 to come, from the tireless efforts of Congressman Don

23 Edwards on behalf of environmental protection and

24 specifically, in establishing the San Francisco Bay

25 National Wildlife Refuge.
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1 (4) Congressman Don Edwards should most ap2 propriately be recognized for his work by having the

3 San Francisco Bay National Wildlife Refuge visitor

4 center named and dedicated in his honor.

5 SEC. 502. SAN FRANCISCO BAY NATIONAL WILDLIFE REF6 UGE NAMED AS DON EDWARDS CENTER FOR

7 ENVIRONMENTAL EDUCATION.

8 Within 60 days of enactment, the Secretary of the Inte9 rior shall rename the San Francisco Bay National Wildlife

10 Refuge visitor center as the Don Edwards Center for Envi11 ronmental Education.

12 SEC. 503. COST SHARING.

13 Notwithstanding any provision of law, the Secretary

14 of the Interior may solicit, accept and expend contributions

15 of funds from non-Federal sources to help support the costs

16 of operation and maintenance of the Don Edwards Center

17 for Environmental Education.

18 TITLE VI—AMENDMENTS TO THE COASTAL

19 BARRIER RESOURCES SYSTEM

20 SEC. 601. CORRECTION TO MAPS.

21 (a) IN GENERAL.—The Secretary of the Interior shall,

22 not later than 30 days after the enactment of this Act, make

23 such corrections to the maps described in subsection (b) as

24 are necessary to ensure that—
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1 (1) depictions of areas on the maps are consist2 ent with the depictions of areas appearing on the

3 maps entitled ‘‘Coastal Barrier Resources System’’,

4 dated September 27, 1994, and on file with the Sec5 retary of the Interior; and

6 (2) the Coastal Barriers Resources System does

7 not include any area that, on the day before the date

8 of the enactment of this Act, was part of unit FL–

9 O5P of the system.

10 (b) MAPS DESCRIBED.—The maps described in this

11 subsection are maps that—

12 (1) are included in a set of maps entitled

13 ‘‘Coastal Barrier Resources System’’, dated October

14 24, 1990; and

15 (2) relate to the following units of the Coastal

16 Barrier Resources System: AL–01P, FL–05P, P11A,

17 P17, P17A, P18P, P19P, FL–15, FL–95P, FL–36P,

18 P31P, FL–72P, MI–21, NY–75, and VA–62P.

19 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 12

20 of Coastal Barrier Resources Act (16 U.S.C. 3510) is

21 amended to read as follows:

22 ‘‘SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

23 ‘‘There are authorized to be appropriated to the Sec24 retary for carrying out this Act $2,000,000 for each of fiscal

25 years 1995 through 1998.’’.
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1 TITLE VII—RHINOCEROS AND TIGER

2 CONSERVATION

3 SEC. 701. SHORT TITLE.

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

5 Conservation Act of 1994’’.

6 SEC. 702. FINDINGS.

7 The Congress finds the following:

8 (1) The world’s rhinoceros population is declin9 ing at an alarming rate, a 90 percent decline since

10 1970.

11 (2) All 5 subspecies of tiger are currently threat12 ened with extinction in the wild, with approximately

13 5,000 to 6,000 tigers remaining worldwide.

14 (3) All rhinoceros species have been listed on Ap15 pendix I of CITES since 1977.

16 (4) All tiger subspecies have been listed on Ap17 pendix I of CITES since 1987.

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

19 the southern subspecies of white rhinoceros, are listed

20 as endangered species under the Endangered Species

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

22 (6) In 1987, the parties of CITES adopted a res23 olution that urged all parties to establish a morato24 rium on the sale and trade in rhinoceros products

25 (other than legally taken trophies), to destroy govern-
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1 ment stockpiles of rhinoceros horn, and to exert pres2 sure on countries continuing to allow trade in rhinoc3 eros products.

4 (7) On September 7, 1993, under section 8 of the

5 Fishermen’s Protection Act of 1967 (22 U.S.C. 1978)

6 the Secretary certified that the People’s Republic of

7 China and Taiwan were engaged in trade of rhinoc8 eros parts and tiger parts that diminished the effec9 tiveness of an international conservation program for

10 that endangered species.

11 (8) On September 9, 1993, the Standing Com12 mittee of CITES, in debating the continuing problem

13 of trade in rhinoceros horn and tiger parts, adopted

14 a resolution urging parties to CITES to implement

15 stricter domestic measures, up to and including an

16 immediate prohibition in trade in wildlife species.

17 (9) On November 8, 1993, under section 8 of the

18 Fishermen’s Protection Act of 1967 (22 U.S.C. 1978),

19 the President announced that the United States would

20 impose trade sanction against China and Taiwan un21 less substantial progress was made by March 1994 to22 wards ending trade in rhinoceros and tiger products.

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

24 Fishermen’s Protective Act of 1967 (22 U.S.C. 1978),

25 the President—
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1 (A) directed that imports of wildlife speci2 mens and products from Taiwan be prohibited,

3 in response to Taiwan’s failure to undertake suf4 ficient actions to stop illegal rhinoceros and tiger

5 trade; and

6 (B) indicated that the certification of China

7 would remain in effect and directed that addi8 tional monitoring of China’s progress be under9 taken.

10 SEC. 703. PURPOSES.

11 The purposes of this Act are the following:

12 (1) To assist in the conservation of rhinoceros

13 and tigers by supporting the conservation programs of

14 nations whose activities directly or indirectly affect

15 rhinoceros and tiger populations, and the CITES Sec16 retariat.

17 (2) To provide financial resources for those pro18 grams.

19 SEC. 704. DEFINITIONS.

20 In this Act—

21 (1) ‘‘CITES’’ means the Convention of Inter22 national Trade in Endangered Species of Wild Fauna

23 and Flora, signed on March 3, 1973, and its appen24 dices;
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1 (2) ‘‘conservation’’ means the use of all methods

2 and procedures necessary to bring rhinoceros and ti3 gers to the point at which there are sufficient popu4 lations to ensure that those species do not become ex5 tinct, including all activities associated with scientific

6 resource management, such as research, census, law

7 enforcement, habitat protection, acquisition, and

8 management, propagation, live trapping, and trans9 portation;

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

11 Conservation Fund established under section 706(a);

12 (4) ‘‘Secretary’’ means the Secretary of the Inte13 rior; and

14 (5) ‘‘Administrator’’ means the Administrator of

15 the Agency for International Development.

16 SEC. 705. RHINOCEROS AND TIGER CONSERVATION AS17 SISTANCE.

18 (a) IN GENERAL.—The Secretary, subject to the avail19 ability of appropriations and in consultation with the Ad20 ministrator, shall use amounts in the Fund to provide fi21 nancial assistance for projects for the conservation of rhi22 noceros and tigers.

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

24 directly or indirectly affect rhinoceros or tiger populations,

25 the CITES Secretariat, or any other person may submit
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1 to the Secretary a project proposal under this section. Each

2 proposal shall—

3 (1) name the individual responsible for conduct4 ing the project;

5 (2) state the purposes of the project succinctly;

6 (3) describe the qualifications of the individuals

7 who will conduct the project;

8 (4) estimate the funds and time required to com9 plete the project;

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

11 appropriate governmental entities of countries in

12 which the project will be conducted, if the Secretary

13 determines that the support is required for the success

14 of the project; and

15 (6) provide any other information the Secretary

16 considers to be necessary for evaluating the eligibility

17 of the project for funding under this Act.

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

19 days of receiving a final project proposal, the Secretary

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

21 The Secretary shall review each final project proposal to

22 determine if it meets the criteria set forth in subsection (d).

23 Not later than 6 months after receiving a final project pro24 posal, and subject to the availability of funds, the Secretary,

25 after consulting with the Administrator, shall approve or
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1 disapprove the proposal and provide written notification

2 to the person who submitted the proposal, to the Adminis3 trator, and to each country within which the project is to

4 be conducted.

5 (d) CRITERIA FOR APPROVAL.—The Secretary may

6 approve a project under this section if the project will en7 hance programs for conservation of rhinoceros or tigers by

8 assisting efforts to—

9 (1) implement conservation programs;

10 (2) enhance compliance with provisions of

11 CITES and laws of the United States or a foreign

12 country that prohibit or regulate the taking or trade

13 of rhinoceros or tigers or the use of rhinoceros or tiger

14 habitat; or

15 (3) develop sound scientific information on that

16 species’ habitat condition and carrying capacity,

17 total numbers and population trends, or annual re18 production and mortality.

19 (e) PROJECT SUSTAINABILITY.—To the maximum ex20 tent practical, the Secretary should give consideration to

21 projects which will enhance sustainable development pro22 grams to ensure effective, long-term conservation of rhinoc23 eros and tigers.

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

25 assistance under this section for a project shall provide peri-
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1 odic reports, as the Secretary considers necessary, to the

2 Secretary and the Administrator. Each report shall include

3 all information requested by the Secretary, after consulting

4 with the Administrator, for evaluating the progress and suc5 cess of the project.

6 SEC. 706. RHINOCEROS AND TIGER CONSERVATION FUND.

7 (a) ESTABLISHMENT.—There is established in the gen8 eral fund of the Treasury a separate account to be known

9 as the ‘‘Rhinoceros and Tiger Conservation Fund’’, which

10 shall consist of amounts deposited into the Fund of the Sec11 retary of the Treasury under subsection (b).

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

13 Treasury shall deposit into the Fund—

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

15 form of donations under subsection (d); and

16 (2) other amounts appropriated to the Fund.

17 (c) USE.—

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

19 Secretary may use amounts in the Fund without fur20 ther appropriation to provide assistance under section

21 705.

22 (2) ADMINISTRATION.—Of amounts in the Fund

23 available for each fiscal year, the Secretary may use

24 not more than 3 percent to administer the Fund.
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1 (d) ACCEPTANCE AND USE OF DONATIONS.—The Sec2 retary may accept and use donations to provide assistance

3 under section 705. Amounts received by the Secretary in

4 the form of donations shall be transferred to the Secretary

5 of the Treasury for deposit into the Fund.

6 SEC. 707. AUTHORIZATION OF APPROPRIATIONS.

7 There are authorized to be appropriated to the Fund

8 $10,000,000 for each of fiscal years, 1996, 1997, 1998, 1999,

9 and 2000 to carry out this Act, to remain available until

10 expended.

Amend the title so as to read: ‘‘An Act to direct the

Secretary of the Interior to transfer certain national fish

hatcheries, and for other purposes.’’.

Attest:

Clerk.
103D CONGRESS

2D SESSION H. R. 3664

AMENDMENTS

TO

SENATE AMENDMENTS