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 Conserva-
tion 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 Fisher-
men’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 dimin-
ished 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 rhinoc-
eros 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.
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(9) On November 8, 1993, under section 8 of the Fisher-
man’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 Tai-
wan’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 popu-
lations, 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 proce-
dures 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 manage-
ment, 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 Sec-
retariat, 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;
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(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 receiv-
ing 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 prac-
tical, 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.
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(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.