II 

108TH CONGRESS 

2D SESSION S. 2889 

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. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 5, 2004 

Mr. ALEXANDER (for himself and Ms. LANDRIEU) introduced the following 

bill; which was read twice and referred to the Committee on Banking, 

Housing, and Urban Affairs 

A BILL 

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. 

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

2 This Act may be cited as the ‘‘American Bald Eagle 

3 Recovery and National Emblem Commemorative Coin 

4 Act’’. 

5 SEC. 2. FINDINGS. 

6 The Congress finds as follows: 

7 (1) The bald eagle was designated as the na8 tional emblem of the United States on June 20, 

9 1782, by our country’s Founding Fathers at the 

10 Second Continental Congress. 

11 (2) The bald eagle is the greatest visible symbol 

12 of the spirit of freedom and democracy in the world. 

13 (3) The bald eagle species is unique to North 

14 America and represents the American values and at15 tributes of freedom, courage, strength, spirit, loyalty, 

16 justice, equality, democracy, quality, and excellence. 

17 (4) The bald eagle is the central image used in 

18 the Great Seal of the United States and the seal of 

19 many branches and departments of the United 

20 States Government, including the President and the 

21 Vice President of the United States, the United 

22 States Congress, the Department of Defense, the 

23 Department of the Treasury, the Department of 

24 Justice, the Department of State, the Department of 

25 Commerce, the Department of Homeland Security, 

26 and the United States Postal Service. 
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1 (5) The bald eagle’s image and symbolism have 

2 played a profound role in establishing and honoring 

3 American beliefs and traditions. 

4 (6) The bald eagle’s image and symbolism have 

5 influenced American art, music, history, literature, 

6 commerce, and culture since the founding of our Na7 tion. 

8 (7) The bald eagle species was once threatened 

9 with possible extinction in the lower 48 States, but 

10 is now making a gradual, encouraging recovery with11 in America’s lands, waterways, and skies. 

12 (8) The bald eagle was federally classified as an 

13 ‘‘endangered’’ species in 1973 under the Endangered 

14 Species Act of 1973, and, in 1995, was removed 

15 from the ‘‘endangered’’ species list and upgraded to 

16 the less imperiled ‘‘threatened’’ status under such 

17 Act. 

18 (9) The administration is likely to officially 

19 delist the bald eagle from both the ‘‘endangered’’ 

20 and ‘‘threatened’’ species lists under the Endangered 

21 Species Act of 1973 by no later than 2008. 

22 (10) The initial recovery of the bald eagle popu23 lation in the United States was accomplished by the 

24 vigilant efforts of numerous caring agencies, cor25 porations, organizations, and citizens. 
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1 (11) The continued caring and concern of the 

2 American people and the further restoration and 

3 protection of the bald eagle and its habitat are nec4 essary to guarantee the full recovery and survival of 

5 this precious national treasure for future genera6 tions. 

7 (12) Since the Endangered Species Act of 1973 

8 requires that delisted species be administratively 

9 monitored for a 5-year period, the bald eagle nests 

10 in 49 States will require continual monitoring after 

11 the bald eagle is removed from the protection of 

12 such Act; and such efforts will require substantial 

13 funding to the Federal and State agencies and pri14 vate organizations that will conduct such monitoring. 

15 (13) Due to Federal and State budget cutting 

16 and balancing trends, funding for on-going bald 

17 eagle care, restoration, monitoring, protection, and 

18 enhancement programs has diminished annually. 

19 (14) In anticipation of the nationwide observ20 ance of the official removal, by 2008, of the bald 

21 eagle from the ‘‘threatened’’ species list under the 

22 Endangered Species Act of 1973, and the 35th anni23 versary, in 2008, of the Endangered Species Act of 

24 1973 and the designation of the bald eagle as an 

25 ‘‘endangered’’ species under such Act, Congress 
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1 wishes to offer the opportunity for all persons to vol2 untarily participate in raising funds for future bald 

3 eagle recovery, monitoring, and preservation efforts 

4 and to contribute to a special American Eagle Fund 

5 endowment managed by the not-for-profit American 

6 Eagle Foundation of Tennessee in the United 

7 States, in cooperation with fund management ex8 perts. 

9 (15) It is appropriate for Congress to authorize 

10 coins— 

11 (A) celebrating the recovery and restora12 tion of the bald eagle, the living symbol of free13 dom in the United States, to America’s lands, 

14 waterways, and skies; 

15 (B) commemorating the removal of the 

16 bald eagle from the ‘‘endangered’’ and ‘‘threat17 ened’’ species lists under the Endangered Spe18 cies Act of 1973; and 

19 (C) commemorating the 35th anniversary 

20 of the enactment of the Endangered Species 

21 Act of 1973 and the designation of the bald 

22 eagle as an ‘‘endangered’’ species under such 

23 Act. 
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1 SEC. 3. COIN SPECIFICATIONS. 

2 (a) DENOMINATIONS.—In celebration of the recovery 

3 of the bald eagle, the national living symbol of freedom, 

4 to America’s lands, waterways, and skies and in com5 memoration of the 35th anniversary of the enactment of 

6 the Endangered Species Act of 1973 and the placement 

7 of the bald eagle on the endangered species list under such 

8 Act, the Secretary of the Treasury (hereafter in this Act 

9 referred to as the ‘‘Secretary’’) shall mint and issue the 

10 following coins: 

11 (1) $5 GOLD COINS.—Not more than 100,000 

12 $5 coins, which shall— 

13 (A) weigh 8.359 grams; 

14 (B) have a diameter of 0.850 inches; and 

15 (C) contain 90 percent gold and 10 percent 

16 alloy. 

17 (2) $1 SILVER COINS.—Not more than 500,000 

18 $1 coins, which shall— 

19 (A) weigh 26.73 grams; 

20 (B) have a diameter of 1.500 inches; and 

21 (C) contain 90 percent silver and 10 per22 cent copper. 

23 (3) HALF DOLLAR CLAD COINS.—Not more 

24 than 750,000 half dollar coins which shall— 

25 (A) weigh 11.34 grams; 

26 (B) have a diameter of 1.205 inches; and 
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1 (C) be minted to the specifications for half 

2 dollar coins contained in section 5112(b) of title 

3 31, United States Code. 

4 (b) LEGAL TENDER.—The coins minted under this 

5 Act shall be legal tender, as provided in section 5103 of 

6 title 31, United States Code. 

7 (c) NUMISMATIC ITEMS.—For purposes of sections 

8 5134 and 5136 of title 31, United States Code, all coins 

9 minted under this Act shall be considered to be numis10 matic items. 

11 SEC. 4. DESIGN OF COINS. 

12 (a) DESIGN REQUIREMENTS.— 

13 (1) IN GENERAL.—The design of the coins 

14 minted under this Act shall be emblematic of the 

15 bald eagle and its history, natural biology, and na16 tional symbolism. 

17 (2) DESIGNATION AND INSCRIPTIONS.—On 

18 each coin minted under this Act there shall be— 

19 (A) a designation of the value of the coin; 

20 (B) an inscription of the year ‘‘2008’’; and 

21 (C) inscriptions of the words ‘‘Liberty’’, 

22 ‘‘In God We Trust’’, ‘‘United States of Amer23 ica’’, and ‘‘E Pluribus Unum’’. 

24 (b) SELECTION.—The design for the coins minted 

25 under this Act shall be— 
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1 (1) selected by the Secretary after consultation 

2 with the Commission of Fine Arts, and the Amer3 ican Eagle Foundation of Tennessee in the United 

4 States; and 

5 (2) reviewed by the Citizens Coinage Advisory 

6 Committee. 

7 SEC. 5. ISSUANCE OF COINS. 

8 (a) QUALITY OF COINS.—Coins minted under this 

9 Act shall be issued in uncirculated and proof qualities. 

10 (b) MINT FACILITY.—Only 1 facility of the United 

11 States Mint may be used to strike any particular quality 

12 of the coins minted under this Act. 

13 (c) PERIOD FOR ISSUANCE.—The Secretary may 

14 issue coins minted under this Act only during the 1-year 

15 period beginning on January 1, 2008. 

16 SEC. 6. SALE OF COINS. 

17 (a) SALE PRICE.—The coins issued under this Act 

18 shall be sold by the Secretary at a price equal to the sum 

19 of— 

20 (1) the face value of the coins; 

21 (2) the surcharge provided in section 7(a) with 

22 respect to such coins; and 

23 (3) the cost of designing and issuing the coins 

24 (including labor, materials, dies, use of machinery, 

25 overhead expenses, marketing, and shipping). 
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1 (b) BULK SALES.—The Secretary shall make bulk 

2 sales of the coins issued under this Act at a reasonable 

3 discount. 

4 (c) PREPAID ORDERS.— 

5 (1) IN GENERAL.—The Secretary shall accept 

6 prepaid orders for the coins minted under this Act 

7 before the issuance of such coins. 

8 (2) DISCOUNT.—Sale prices with respect to pre9 paid orders under paragraph (1) shall be at a rea10 sonable discount. 

11 SEC. 7. SURCHARGES. 

12 (a) IN GENERAL.—All sales of coins minted under 

13 this Act shall include a surcharge as follows: 

14 (1) A surcharge of $35 per coin for the $5 coin. 

15 (2) A surcharge of $10 per coin for the $1 coin. 

16 (3) A surcharge of $3 per coin for the half dol17 lar coin. 

18 (b) DISTRIBUTION.—Subject to section 5134(f) of 

19 title 31, United States Code, all surcharges received by 

20 the Secretary from the sale of coins issued under this Act 

21 shall be promptly paid by the Secretary to the American 

22 Eagle Foundation of Tennessee in the United States for 

23 use solely for the following purposes: 

24 (1) To establish an interest-bearing endowment 

25 called the ‘‘American Eagle Fund’’ as a permanent 
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1 source of support for the care, monitoring, mainte2 nance, and recovery of the bald eagle and its habitat 

3 in the United States, including the following: 

4 (A) Public education activities and events. 

5 (B) Habitat purchases and cooperative 

6 land agreements. 

7 (C) Raptor rehabilitation and captive 

8 breeding and hacking. 

9 (D) Behavior and migration research and 

10 wintering migration counts. 

11 (E) Facilitate the enforcement of laws pro12 tecting the bald eagle. 

13 (F) Nest-watch monitoring and eaglet 

14 banding. 

15 (G) Public viewing areas and visitor cen16 ters. 

17 (2) To make annual grants, in an amount not 

18 to exceed 10 percent of the annual income of the 

19 American Eagle Fund, to Federal, State, and pri20 vate eagle restoration, protection, and enhancement 

21 projects within the 5 bald eagle recovery regions es22 tablished by the United States Fish and Wildlife 

23 Service, in accordance with recommendations made 

24 by an advisory committee of recognized eagle experts 

25 which the Foundation shall establish. 
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1 (3) To administer the American Eagle Fund, 

2 including contracting for necessary services, in an 

3 annual amount not to exceed the lesser of— 

4 (A) 10 percent of the annual income of the 

5 American Eagle Fund; or 

6 (B) $250,000. 

7 (4) To provide financial support for capital 

8 projects related to the restoration and protection of 

9 bald eagles in Tennessee and in the United States, 

10 in general. 

11 (5) To provide financial support for the con12 tinuation and expansion of the efforts of the Amer13 ican Eagle Foundation of Tennessee in the United 

14 States to educate the American people nationally 

15 about the livelihood, symbolism, and protection of 

16 the bald eagle, the national symbol of the United 

17 States, through the dissemination of information re18 garding bald eagles and their habitat at special 

19 events and through the media (including news20 papers, magazines, radio, television, the Internet, 

21 and billboards). 

22 (c) AUDITS.—The American Eagle Foundation of 

23 Tennessee in the United States and the American Eagle 

24 Fund shall be subject to the audit requirements of section 

25 5134(f)(2) of title 31, United States Code, with regard 
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1 to the amounts received by the Foundation or the Fund 

2 under subsection (b). 

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