103D CONGRESS
2D SESSION
H. R. 4924
AN ACT
To assist in the conservation of rhinoceros and tigers by
supporting and providing financial resources for the con-
servation 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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Rhinoceros and Tiger
Conservation Act of 1994’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The world’s rhinoceros population is declin-
ing 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 approxi-
mately 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 list-
ed 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 mora-
torium on the sale and trade in rhinoceros products
(other than legally taken trophies), to destroy gov-
ernment 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 Fishermen’s Protective Act of 1967 (22 U.S.C.
1978) the Secretary certified that the People’s Re-
public of China and Taiwan were engaged in trade
of rhinoceros parts and tiger parts that diminished
the effectiveness of an international conservation
program for that endangered species.
(8) On September 9, 1993, the Standing Com-
mittee of CITES, in debating the continuing prob-
lem of trade in rhinoceros horn and tiger parts,
adopted a resolution urging parties to CITES to im-
plement stricter domestic measures, up to and in-
cluding an immediate prohibition in trade in wildlife
species.
(9) On November 8, 1993, under section 8 of
the Fisherman’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 speci-
mens and products from Taiwan be prohibited,
in response to Taiwan’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 af-
fect rhinoceros and tiger populations, and the
CITES Secretariat.
(2) To provide financial resources for those
programs.
SEC. 4. DEFINITIONS.
In this Act—
(1) ‘‘CITES’’ means the Convention on Inter-
national Trade in Endangered Species of Wild
Fauna and Flora, signed on March 3, 1973, and its
appendices;
(2) ‘‘conservation’’ means the use of all meth-
ods and procedures necessary to bring rhinoceros
and tigers to the point at which there are sufficient
populations to ensure that those species do not be-
come extinct, including all activities associated with
scientific resource management, such as research,
census, law enforcement, habitat protection, acquisi-
tion, and management, 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 ASSIST-
ANCE.
(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 Secretariat, or any other person may submit
to the Secretary a project proposal under this section.
Each proposal shall—
(1) name the individual responsible for conduct-
ing 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;
(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 suc-
cess of the project; and
(6) provide any other information the Secretary
considers to be necessary for evaluating the eligi-
bility of the project for funding under this Act.
(c) PROJECT REVIEW AND APPROVAL.—Within 30
days of receiving 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 Sec-
retary, after consulting with the Administrator, shall ap-
prove or disapprove the proposal and provide written noti-
fication 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 en-
hance 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 re-
production and mortality.
(e) PROJECT SUSTAINABILITY.—To the maximum
extent practical, 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 in-
clude 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.
(d) ACCEPTANCE AND USE OF DONATIONS.—The
Secretary may accept and use donations to provide assist-
ance under section 5. Amounts received by the Secretary
in the form of donations shall be transferred to the Sec-
retary 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.
Passed the House of Representatives September 26,
1994.
Attest:
Clerk.
103D CONGRESS
2D SESSION
H. R. 4924
AN ACT
To assist in the conservation of rhinoceros and ti-
gers by supporting and providing financial re-
sources for the conservation programs of nations
whose activities directly or indirectly affect rhi-
noceros and tiger populations, and of the CITES
Secretariat.