H. R. 4116
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
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.
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 ‘‘American Bald Eagle Recovery
and National Emblem Commemorative Coin Act’’.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The bald eagle was designated as the national emblem
of the United States on June 20, 1782, by our country’s
Founding Fathers at the Second Continental Congress.
(2) The bald eagle is the greatest visible symbol of the
spirit of freedom and democracy in the world.
(3) The bald eagle species is unique to North America
and represents the American values and attributes of freedom,
courage, strength, spirit, loyalty, justice, equality, democracy,
quality, and excellence.
(4) The bald eagle is the central image used in the Great
Seal of the United States and the seal of many branches and
departments of the United States Government, including the
President and the Vice President of the United States, the
United States Congress, the Department of Defense, the
Department of the Treasury, the Department of Justice, the
Department of State, the Department of Commerce, the Depart-
ment of Homeland Security, and the United States Postal
Service.
(5) The bald eagle’s image and symbolism have played
a profound role in establishing and honoring American beliefs
and traditions.
(6) The bald eagle’s image and symbolism have influenced
American art, music, history, literature, commerce, and culture
since the founding of our Nation.
(7) The bald eagle species was once threatened with pos-
sible extinction in the lower 48 States but is now making
a gradual, encouraging recovery within America’s lands, water-
ways, and skies.
(8) The bald eagle was federally classified as an ‘‘endan-
gered’’ species in 1973 under the Endangered Species Act of
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1973, and, in 1995, was removed from the ‘‘endangered’’ species
list and upgraded to the less imperiled ‘‘threatened’’ status
under such Act.
(9) The administration is likely to officially delist the bald
eagle from both the ‘‘endangered’’ and ‘‘threatened’’ species
lists under the Endangered Species Act of 1973 by no later
than 2008.
(10) The initial recovery of the bald eagle population in
the United States was accomplished by the vigilant efforts
of numerous caring agencies, corporations, organizations, and
citizens.
(11) The continued caring and concern of the American
people and the further restoration and protection of the bald
eagle and its habitat is necessary to guarantee the full recovery
and survival of this precious national treasure for future
generations.
(12) Since the Endangered Species Act of 1973 requires
that delisted species be administratively monitored for a 5-
year period, the bald eagle nests in 49 States will require
continual monitoring after the bald eagle is removed from the
protection of such Act; and such efforts will require substantial
funding to the Federal and State agencies and private organiza-
tions that will conduct such monitoring.
(13) Due to Federal and State budget cutting and balancing
trends, funding for on-going bald eagle care, restoration, moni-
toring, protection, and enhancement programs has diminished
annually.
(14) In anticipation of the nationwide observance of the
official removal, by 2008, of the bald eagle from the ‘‘threatened’’
species list under the Endangered Species Act of 1973, and
the 35th anniversary, in 2008, of the Endangered Species Act
of 1973 and the designation of the bald eagle as an ‘‘endan-
gered’’ species under such Act, Congress wishes to offer the
opportunity for all persons to voluntarily participate in raising
funds for future bald eagle recovery, monitoring, and preserva-
tion efforts and to contribute to a special American Eagle
Fund endowment managed by the not-for-profit American Eagle
Foundation of Tennessee in the United States, in cooperation
with fund management experts.
(15) It is appropriate for Congress to authorize coins—
(A) celebrating the recovery and restoration of the bald
eagle, the living symbol of freedom in the United States,
to America’s lands, waterways, and skies;
(B) commemorating the removal of the bald eagle from
the ‘‘endangered’’ and ‘‘threatened’’ species lists under the
Endangered Species Act of 1973; and
(C) commemorating the 35th anniversary of the enact-
ment of the Endangered Species Act of 1973 and the des-
ignation of the bald eagle as an ‘‘endangered’’ species under
such Act.
SEC. 3. COIN SPECIFICATIONS.
(a) DENOMINATIONS.—In celebration of the recovery of the bald
eagle, the national living symbol of freedom, to America’s lands,
waterways, and skies and in commemoration of the 35th anniver-
sary of the enactment of the Endangered Species Act of 1973
and the placement of the bald eagle on the endangered species
H. R. 4116—3
list under such Act, the Secretary of the Treasury (hereafter in
this Act referred to as the ‘‘Secretary’’) shall mint and issue the
following coins:
(1) $5 GOLD COINS.—Not more than 100,000 $5 coins, which
shall—
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1
SILVER
COINS.—Not more than 500,000 $1 coins,
which shall—
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent copper.
(3) HALF
DOLLAR
CLAD
COINS.—Not more than 750,000
half dollar coins which shall—
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half dollar coins
contained in section 5112(b) of title 31, United States Code.
(b) LEGAL TENDER.—The coins minted under this Act shall
be legal tender, as provided in section 5103 of title 31, United
States Code.
(c) NUMISMATIC ITEMS.—For purposes of sections 5134 and
5136 of title 31, United States Code, all coins minted under this
Act shall be considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) DESIGN REQUIREMENTS.—
(1) IN GENERAL.—The design of the coins minted under
this Act shall be emblematic of the bald eagle and its history,
natural biology, and national symbolism.
(2) DESIGNATION AND INSCRIPTIONS.—On each coin minted
under this Act there shall be—
(A) a designation of the value of the coin;
(B) an inscription of the year ‘‘2008’’ ; and
(C) inscriptions of the words ‘‘Liberty’’, ‘‘In God We
Trust’’, ‘‘United States of America’’, and ‘‘E Pluribus
Unum’’.
(b) SELECTION.—The design for the coins minted under this
Act shall be—
(1) selected by the Secretary after consultation with the
Commission of Fine Arts, and the American Eagle Foundation
of Tennessee in the United States; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) QUALITY
OF COINS.—Coins minted under this Act shall
be issued in uncirculated and proof qualities.
(b) MINT FACILITY.—Only 1 facility of the United States Mint
may be used to strike any particular quality of the coins minted
under this Act.
(c) PERIOD
FOR ISSUANCE.—The Secretary may issue coins
minted under this Act only during the 1-year period beginning
on January 1, 2008.
SEC. 6. SALE OF COINS.
(a) SALE PRICE.—The coins issued under this Act shall be
sold by the Secretary at a price equal to the sum of—
H. R. 4116—4
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) BULK SALES.—The Secretary shall make bulk sales of the
coins issued under this Act at a reasonable discount.
(c) PREPAID ORDERS.—
(1) IN GENERAL.—The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of
such coins.
(2) DISCOUNT.—Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) IN GENERAL.—All sales of coins minted under this Act
shall include a surcharge as follows:
(1) A surcharge of $35 per coin for the $5 coin.
(2) A surcharge of $10 per coin for the $1 coin.
(3) A surcharge of $3 per coin for the half dollar coin.
(b) DISTRIBUTION.—Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by
the Secretary to the American Eagle Foundation of Tennessee in
the United States to further its works.
(c) AUDITS.—The American Eagle Foundation of Tennessee in
the United States and the American Eagle Fund shall be subject
to the audit requirements of section 5134(f)(2) of title 31, United
States Code, with regard to the amounts received by the Foundation
or the Fund under subsection (b).
(d) LIMITATION.—Notwithstanding subsection (a), no surcharge
may be included with respect to the issuance under this Act of
any coin during a calendar year if, as of the time of such issuance,
the issuance of such coin would result in the number of commemora-
tive coin programs issued during such year to exceed the annual
2 commemorative coin program issuance limitation under section
5112(m)(1) of title 31, United States Code (as in effect on the
H. R. 4116—5
date of the enactment of this Act). The Secretary of the Treasury
may issue guidance to carry out this subsection.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.