H. R. 2807
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-eight
An Act
To clarify restrictions under the Migratory Bird Treaty Act on baiting and to
facilitate acquisition of migratory bird habitat, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I—MIGRATORY BIRD TREATY
REFORM
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Migratory Bird Treaty Reform
Act of 1998’’.
SEC. 102. ELIMINATING STRICT LIABILITY FOR BAITING.
Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704)
is amended—
(1) by inserting ‘‘(a)’’ after ‘‘SEC. 3.’’; and
(2) by adding at the end the following:
‘‘(b) It shall be unlawful for any person to—
‘‘(1) take any migratory game bird by the aid of baiting,
or on or over any baited area, if the person knows or reasonably
should know that the area is a baited area; or
‘‘(2) place or direct the placement of bait on or adjacent
to an area for the purpose of causing, inducing, or allowing
any person to take or attempt to take any migratory game
bird by the aid of baiting on or over the baited area.’’.
SEC. 103. CRIMINAL PENALTIES.
Section 6 of the Migratory Bird Treaty Act (16 U.S.C. 707)
is amended—
(1) in subsection (a), by striking ‘‘$500’’ and inserting
‘‘$15,000’’;
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
‘‘(c) Whoever violates section 3(b)(2) shall be fined under title
18, United States Code, imprisoned not more than 1 year, or both.’’.
SEC. 104. REPORT.
Not later than 5 years after the date of enactment of this
Act, the Secretary of the Interior shall submit to the Committee
on Environment and Public Works of the Senate and the Committee
on Resources of the House of Representatives a report analyzing
the effect of the amendments made by section 2, and the general
H. R. 2807—2
practice of baiting, on migratory bird conservation and law enforce-
ment efforts under the Migratory Bird Treaty Act (16 U.S.C. 701
et seq.).
TITLE II—NATIONAL WILDLIFE REFUGE
SYSTEM IMPROVEMENT
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘National Wildlife Refuge System
Improvement Act of 1998’’.
SEC. 202. UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE AND FISH
REFUGE.
(a) IN GENERAL.—In accordance with section 4(a)(5) of the
National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd(a)(5)), there are transferred to the Corps of Engineers,
without reimbursement, approximately 37.36 acres of land of the
Upper Mississippi River Wildlife and Fish Refuge in the State
of Minnesota, as designated on the map entitled ‘‘Upper Mississippi
National Wildlife and Fish Refuge lands transferred to Corps of
Engineers’’, dated January 1998, and available, with accompanying
legal descriptions of the land, for inspection in appropriate offices
of the United States Fish and Wildlife Service.
(b) CONFORMING AMENDMENTS.—The first section and section
2 of the Upper Mississippi River Wild Life and Fish Refuge Act
(16 U.S.C. 721, 722) are amended by striking ‘‘Upper Mississippi
River Wild Life and Fish Refuge’’ each place it appears and inserting
‘‘Upper Mississippi River National Wildlife and Fish Refuge’’.
SEC. 203. KILLCOHOOK COORDINATION AREA.
(a) IN GENERAL.—In accordance with section 4(a)(5) of the
National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd(a)(5)), the jurisdiction of the United States Fish and
Wildlife Service over approximately 1,439.26 acres of land in the
States of New Jersey and Delaware, known as the ‘‘Killcohook
Coordination Area’’, as established by Executive Order No. 6582,
issued February 3, 1934, and Executive Order No. 8648, issued
January 23, 1941, is terminated.
(b) EXECUTIVE ORDERS.—Executive Order No. 6582, issued Feb-
ruary 3, 1934, and Executive Order No. 8648, issued January 23,
1941, are revoked.
SEC. 204. LAKE ELSIE NATIONAL WILDLIFE REFUGE.
(a) IN GENERAL.—In accordance with section 4(a)(5) of the
National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd(a)(5)), the jurisdiction of the United States Fish and
Wildlife Service over approximately 634.7 acres of land and water
in Richland County, North Dakota, known as the ‘‘Lake Elsie
National Wildlife Refuge’’, as established by Executive Order No.
8152, issued June 12, 1939, is terminated.
(b) EXECUTIVE ORDER.—Executive Order No. 8152, issued June
12, 1939, is revoked.
SEC. 205. KLAMATH FOREST NATIONAL WILDLIFE REFUGE.
Section 28 of the Act of August 13, 1954 (25 U.S.C. 564w–
1), is amended in subsections (f ) and (g) by striking ‘‘Klamath
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Forest National Wildlife Refuge’’ each place it appears and inserting
‘‘Klamath Marsh National Wildlife Refuge’’.
SEC. 206. VIOLATION OF NATIONAL WILDLIFE REFUGE SYSTEM
ADMINISTRATION ACT.
Section 4 of the National Wildlife Refuge System Administra-
tion Act of 1966 (16 U.S.C. 668dd) is amended—
(1) in the first sentence of subsection (c), by striking ‘‘know-
ingly’’; and
(2) in subsection (f )—
(A) by striking ‘‘(f ) Any’’ and inserting the following:
‘‘(f ) PENALTIES.—
‘‘(1) KNOWING VIOLATIONS.—Any’’;
(B) by inserting ‘‘knowingly’’ after ‘‘who’’; and
(C) by adding at the end the following:
‘‘(2) OTHER VIOLATIONS.—Any person who otherwise vio-
lates or fails to comply with any of the provisions of this
Act (including a regulation issued under this Act) shall be
fined under title 18, United States Code, or imprisoned not
more than 180 days, or both.’’.
TITLE III—WETLANDS AND WILDLIFE
ENHANCEMENT
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Wetlands and Wildlife Enhance-
ment Act of 1998’’.
SEC. 302. REAUTHORIZATION OF NORTH AMERICAN WETLANDS CON-
SERVATION ACT.
Section 7(c) of the North American Wetlands Conservation Act
(16 U.S.C. 4406(c)) is amended by striking ‘‘not to exceed’’ and
all that follows and inserting ‘‘not to exceed $30,000,000 for each
of fiscal years 1999 through 2003.’’.
SEC. 303. REAUTHORIZATION OF PARTNERSHIPS FOR WILDLIFE ACT.
Section 7105(h) of the Partnerships for Wildlife Act (16 U.S.C.
3744(h)) is amended by striking ‘‘for each of fiscal years’’ and
all that follows and inserting ‘‘not to exceed $6,250,000 for each
of fiscal years 1999 through 2003.’’.
SEC. 304. MEMBERSHIP OF THE NORTH AMERICAN WETLANDS CON-
SERVATION COUNCIL.
(a) IN GENERAL.—Notwithstanding section 4(a)(1)(D) of the
North 
American 
Wetlands 
Conservation 
Act 
(16 
U.S.C.
4403(a)(1)(D)), during the period of 1999 through 2002, the member-
ship of the North American Wetlands Conservation Council under
section 4(a)(1)(D) of that Act shall consist of—
(1) 1 individual who shall be the Group Manager for Con-
servation Programs of Ducks Unlimited, Inc. and who shall
serve for 1 term of 3 years beginning in 1999; and
(2) 2 individuals who shall be appointed by the Secretary
of the Interior in accordance with section 4 of that Act and
who shall each represent a different organization described
in section 4(a)(1)(D) of that Act.
(b) PUBLICATION OF POLICY.—Not later than June 30, 1999,
the Secretary of the Interior shall publish in the Federal Register,
H. R. 2807—4
after notice and opportunity for public comment, a policy for making
appointments under section 4(a)(1)(D) of the North American Wet-
lands Conservation Act (16 U.S.C. 4403(a)(1)(D)).
TITLE IV—RHINOCEROS AND TIGER
CONSERVATION
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Rhinoceros and Tiger Conserva-
tion Act of 1998’’.
SEC. 402. FINDINGS.
Congress finds that—
(1) the populations of all but 1 species of rhinoceros, and
the tiger, have significantly declined in recent years and con-
tinue to decline;
(2) these species of rhinoceros and tiger are listed as endan-
gered species under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) and listed on Appendix I of the Convention
on International Trade in Endangered Species of Wild Fauna
and Flora, signed on March 3, 1973 (27 UST 1087; TIAS 8249)
(referred to in this title as ‘‘CITES’’);
(3) the Parties to CITES have adopted several resolutions—
(A) relating to the conservation of tigers (Conf. 9.13
(Rev.)) and rhinoceroses (Conf. 9.14), urging Parties to
CITES to implement legislation to reduce illegal trade in
parts and products of the species; and
(B) relating to trade in readily recognizable parts and
products of the species (Conf. 9.6), and trade in traditional
medicines (Conf. 10.19), recommending that Parties ensure
that their legislation controls trade in those parts and
derivatives, and in medicines purporting to contain them;
(4) a primary cause of the decline in the populations of
tiger and most rhinoceros species is the poaching of the species
for use of their parts and products in traditional medicines;
(5) there are insufficient legal mechanisms enabling the
United States Fish and Wildlife Service to interdict products
that are labeled or advertised as containing substances derived
from rhinoceros or tiger species and prosecute the merchan-
disers for sale or display of those products; and
(6) legislation is required to ensure that—
(A) products containing, or labeled or advertised as
containing, rhinoceros parts or tiger parts are prohibited
from importation into, or exportation from, the United
States; and
(B) efforts are made to educate persons regarding alter-
natives for traditional medicine products, the illegality of
products containing, or labeled or advertised as containing,
rhinoceros parts and tiger parts, and the need to conserve
rhinoceros and tiger species generally.
SEC. 403. PURPOSES OF THE RHINOCEROS AND TIGER CONSERVATION
ACT OF 1994.
Section 3 of the Rhinoceros and Tiger Conservation Act of
1994 (16 U.S.C. 5302) is amended by adding at the end the
following:
H. R. 2807—5
‘‘(3) To prohibit the sale, importation, and exportation of
products intended for human consumption or application
containing, or labeled or advertised as containing, any sub-
stance derived from any species of rhinoceros or tiger.’’.
SEC. 404. DEFINITION OF PERSON.
Section 4 of the Rhinoceros and Tiger Conservation Act of
1994 (16 U.S.C. 5303) is amended—
(1) in paragraph (4), by striking ‘‘and’’ at the end;
(2) in paragraph (5), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(6) ‘person’ means—
‘‘(A) an individual, corporation, partnership, trust,
association, or other private entity;
‘‘(B) an officer, employee, agent, department, or
instrumentality of—
‘‘(i) the Federal Government;
‘‘(ii) any State, municipality, or political subdivi-
sion of a State; or
‘‘(iii) any foreign government;
‘‘(C) a State, municipality, or political subdivision of
a State; or
‘‘(D) any other entity subject to the jurisdiction of the
United States.’’.
SEC. 405. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION
OF PRODUCTS LABELED OR ADVERTISED AS RHINOC-
EROS OR TIGER PRODUCTS.
The Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C.
5301 et seq.) is amended—
(1) by redesignating section 7 as section 9; and
(2) by inserting after section 6 the following:
‘‘SEC. 7. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF
PRODUCTS LABELED OR ADVERTISED AS RHINOCEROS
OR TIGER PRODUCTS.
‘‘(a) PROHIBITION.—A person shall not sell, import, or export,
or attempt to sell, import, or export, any product, item, or substance
intended for human consumption or application containing, or
labeled or advertised as containing, any substance derived from
any species of rhinoceros or tiger.
‘‘(b) PENALTIES.—
‘‘(1) CRIMINAL
PENALTY.—A person engaged in business
as an importer, exporter, or distributor that knowingly violates
subsection (a) shall be fined under title 18, United States
Code, imprisoned not more than 6 months, or both.
‘‘(2) CIVIL PENALTIES.—
‘‘(A) IN GENERAL.—A person that knowingly violates
subsection (a), and a person engaged in business as an
importer, exporter, or distributor that violates subsection
(a), may be assessed a civil penalty by the Secretary of
not more than $12,000 for each violation.
‘‘(B) MANNER OF ASSESSMENT AND COLLECTION.—A civil
penalty under this paragraph shall be assessed, and may
be collected, in the manner in which a civil penalty under
the Endangered Species Act of 1973 may be assessed and
collected under section 11(a) of that Act (16 U.S.C. 1540(a)).
H. R. 2807—6
‘‘(c) PRODUCTS, ITEMS, AND SUBSTANCES.—Any product, item,
or substance sold, imported, or exported, or attempted to be sold,
imported, or exported, in violation of this section or any regulation
issued under this section shall be subject to seizure and forfeiture
to the United States.
‘‘(d) REGULATIONS.—After consultation with the Secretary of
the Treasury, the Secretary of Health and Human Services, and
the United States Trade Representative, the Secretary shall issue
such regulations as are appropriate to carry out this section.
‘‘(e) ENFORCEMENT.—The Secretary, the Secretary of the Treas-
ury, and the Secretary of the department in which the Coast Guard
is operating shall enforce this section in the manner in which
the Secretaries carry out enforcement activities under section 11(e)
of the Endangered Species Act of 1973 (16 U.S.C. 1540(e)).
‘‘(f ) USE OF PENALTY AMOUNTS.—Amounts received as pen-
alties, fines, or forfeiture of property under this section shall be
used in accordance with section 6(d) of the Lacey Act Amendments
of 1981 (16 U.S.C. 3375(d)).’’.
SEC. 406. EDUCATIONAL OUTREACH PROGRAM.
The Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C.
5301 et seq.) (as amended by section 405) is amended by inserting
after section 7 the following:
‘‘SEC. 8. EDUCATIONAL OUTREACH PROGRAM.
‘‘(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this section, the Secretary shall develop and imple-
ment an educational outreach program in the United States for
the conservation of rhinoceros and tiger species.
‘‘(b) GUIDELINES.—The Secretary shall publish in the Federal
Register guidelines for the program.
‘‘(c) CONTENTS.—Under the program, the Secretary shall pub-
lish and disseminate information regarding—
‘‘(1) laws protecting rhinoceros and tiger species, in particu-
lar laws prohibiting trade in products containing, or labeled
or advertised as containing, their parts;
‘‘(2) use of traditional medicines that contain parts or prod-
ucts of rhinoceros and tiger species, health risks associated
with their use, and available alternatives to the medicines;
and
‘‘(3) the status of rhinoceros and tiger species and the
reasons for protecting the species.’’.
SEC. 407. AUTHORIZATION OF APPROPRIATIONS.
Section 9 of the Rhinoceros and Tiger Conservation Act of
1994 (16 U.S.C. 5306) (as redesignated by section 405(1)) is amended
by striking ‘‘1996, 1997, 1998, 1999, and 2000’’ and inserting ‘‘1996
through 2002’’.
TITLE V—CHESAPEAKE BAY INITIATIVE
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Chesapeake Bay Initiative
Act of 1998’’.
SEC. 502. CHESAPEAKE BAY GATEWAYS AND WATERTRAILS.
(a) CHESAPEAKE BAY GATEWAYS AND WATERTRAILS NETWORK.—
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(1) IN GENERAL.—The Secretary of the Interior (referred
to in this section as the ‘‘Secretary’’), in cooperation with the
Administrator of the Environmental Protection Agency (referred
to in this section as the ‘‘Administrator’’), shall provide technical
and financial assistance, in cooperation with other Federal
agencies, State and local governments, nonprofit organizations,
and the private sector—
(A) to identify, conserve, restore, and interpret natural,
recreational, historical, and cultural resources within the
Chesapeake Bay Watershed;
(B) to identify and utilize the collective resources as
Chesapeake Bay Gateways sites for enhancing public edu-
cation of and access to the Chesapeake Bay;
(C) to link the Chesapeake Bay Gateways sites with
trails, tour roads, scenic byways, and other connections
as determined by the Secretary;
(D) 
to 
develop 
and 
establish 
Chesapeake 
Bay
Watertrails comprising water routes and connections to
Chesapeake Bay Gateways sites and other land resources
within the Chesapeake Bay Watershed; and
(E) to create a network of Chesapeake Bay Gateways
sites and Chesapeake Bay Watertrails.
(2) COMPONENTS.—Components of the Chesapeake Bay
Gateways and Watertrails Network may include—
(A) State or Federal parks or refuges;
(B) historic seaports;
(C) archaeological, cultural, historical, or recreational
sites; or
(D) other public access and interpretive sites as
selected by the Secretary.
(b) CHESAPEAKE BAY GATEWAYS GRANTS ASSISTANCE PRO-
GRAM.—
(1) IN GENERAL.—The Secretary, in cooperation with the
Administrator, shall establish a Chesapeake Bay Gateways
Grants Assistance Program to aid State and local governments,
local communities, nonprofit organizations, and the private sec-
tor in conserving, restoring, and interpreting important historic,
cultural, recreational, and natural resources within the Chesa-
peake Bay Watershed.
(2) CRITERIA.—The Secretary, in cooperation with the
Administrator, 
shall 
develop 
appropriate 
eligibility,
prioritization, and review criteria for grants under this section.
(3) MATCHING FUNDS AND ADMINISTRATIVE EXPENSES.—A
grant under this section—
(A) shall not exceed 50 percent of eligible project costs;
(B) shall be made on the condition that non-Federal
sources, including in-kind contributions of services or mate-
rials, provide the remainder of eligible project costs; and
(C) shall be made on the condition that not more
than 10 percent of all eligible project costs be used for
administrative expenses.
H. R. 2807—8
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $3,000,000 for each
of fiscal years 1999 through 2003.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.