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TITLE VII—RHINOCEROS AND TIGER
CONSERVATION
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘Rhinoceros and Tiger
Conservation Act of 1994’’.
SEC. 702. 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 threat-
ened with extinction in the wild, with approximately
5,000 to 6,000 tigers remaining worldwide.
(3) All rhinoceros species have been listed on Ap-
pendix I of CITES since 1977.
(4) All tiger subspecies have been listed on Ap-
pendix 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 of CITES adopted a res-
olution that urged all parties to establish a morato-
rium on the sale and trade in rhinoceros products
(other than legally taken trophies), to destroy govern-
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ment stockpiles of rhinoceros horn, and to exert pres-
sure on countries continuing to allow trade in rhinoc-
eros products.
(7) On September 7, 1993, under section 8 of the
Fishermen’s Protection 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 rhinoc-
eros parts and tiger parts that diminished the effec-
tiveness of an international conservation program for
that endangered species.
(8) On September 9, 1993, the Standing Com-
mittee of CITES, in debating the continuing problem
of trade in rhinoceros 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.
(9) On November 8, 1993, under section 8 of the
Fishermen’s Protection Act of 1967 (22 U.S.C. 1978),
the President announced that the United States would
impose trade sanction against China and Taiwan un-
less substantial progress was made by March 1994 to-
wards ending trade in rhinoceros and tiger products.
(10) On April 11, 1994, under section 8 of the
Fishermen’s Protective Act of 1967 (22 U.S.C. 1978),
the President—
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(A) directed that imports of wildlife speci-
mens and products from Taiwan be prohibited,
in response to Taiwan’s failure to undertake suf-
ficient actions to stop illegal rhinoceros and tiger
trade; and
(B) indicated that the certification of China
would remain in effect and directed that addi-
tional monitoring of China’s progress be under-
taken.
SEC. 703. 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 populations, and the CITES Sec-
retariat.
(2) To provide financial resources for those pro-
grams.
SEC. 704. DEFINITIONS.
In this Act—
(1) ‘‘CITES’’ means the Convention of Inter-
national Trade in Endangered Species of Wild Fauna
and Flora, signed on March 3, 1973, and its appen-
dices;
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(2) ‘‘conservation’’ means the use of all methods
and procedures necessary to bring rhinoceros and ti-
gers to the point at which there are sufficient popu-
lations to ensure that those species do not become ex-
tinct, including all activities associated with scientific
resource management, such as research, census, law
enforcement, habitat protection, acquisition, and
management, propagation, live trapping, and trans-
portation;
(3) ‘‘Fund’’ means the Rhinoceros and Tiger
Conservation Fund established under section 706(a);
(4) ‘‘Secretary’’ means the Secretary of the Inte-
rior; and
(5) ‘‘Administrator’’ means the Administrator of
the Agency for International Development.
SEC. 705. RHINOCEROS AND TIGER CONSERVATION AS-
SISTANCE.
(a) IN GENERAL.—The Secretary, subject to the avail-
ability of appropriations and in consultation with the Ad-
ministrator, shall use amounts in the Fund to provide fi-
nancial assistance for projects for the conservation of rhi-
noceros 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
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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 com-
plete 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 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 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 pro-
posal, and subject to the availability of funds, the Secretary,
after consulting with the Administrator, shall approve or
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disapprove the proposal and provide written notification
to the person who submitted the proposal, to the Adminis-
trator, 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 ex-
tent practical, the Secretary should give consideration to
projects which will enhance sustainable development pro-
grams to ensure effective, long-term conservation of rhinoc-
eros and tigers.
(f) PROJECT REPORTING.—Each person that receives
assistance under this section for a project shall provide peri-
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odic 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 suc-
cess of the project.
SEC. 706. RHINOCEROS AND TIGER CONSERVATION FUND.
(a) ESTABLISHMENT.—There is established in the gen-
eral 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 of the Sec-
retary 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 fur-
ther appropriation to provide assistance under section
705.
(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 Sec-
retary may accept and use donations to provide assistance
under section 705. 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. 707. 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.
Amend the title so as to read: ‘‘An Act to direct the
Secretary of the Interior to transfer certain national fish
hatcheries, and for other purposes.’’.
Attest:
Clerk.
103D CONGRESS
2D SESSION
H. R. 3664
AMENDMENTS
TO
SENATE AMENDMENTS