II 
108TH CONGRESS 
2D SESSION 
H. R. 4116 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 8, 2004 
Received 
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 Spe-
cies Act of 1973, and for other purposes.
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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 ‘‘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 na-
tional 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 at-
tributes 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
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Justice, the Department of State, the Department of 
Commerce, the Department 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 Na-
tion. 
(7) The bald eagle species was once threatened 
with possible extinction in the lower 48 States but 
is now making a gradual, encouraging recovery with-
in America’s lands, waterways, and skies. 
(8) The bald eagle was federally classified as an 
‘‘endangered’’ species in 1973 under the Endangered 
Species Act of 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.
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(10) The initial recovery of the bald eagle popu-
lation in the United States was accomplished by the 
vigilant efforts of numerous caring agencies, cor-
porations, 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 nec-
essary to guarantee the full recovery and survival of 
this precious national treasure for future genera-
tions. 
(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 pri-
vate organizations that will conduct such monitoring. 
(13) Due to Federal and State budget cutting 
and balancing trends, funding for on-going bald 
eagle care, restoration, monitoring, protection, and 
enhancement programs has diminished annually. 
(14) In anticipation of the nationwide observ-
ance of the official removal, by 2008, of the bald 
eagle from the ‘‘threatened’’ species list under the
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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 com-
memoration of the 35th anniversary of the enactment of 
the Endangered Species Act of 1973 and the placement 
of the bald eagle on the endangered species 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 per-
cent copper.
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(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 numis-
matic 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 na-
tional 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
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(C) inscriptions of the words ‘‘Liberty’’, 
‘‘In God We Trust’’, ‘‘United States of Amer-
ica’’, 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 Amer-
ican 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— 
(1) the face value of the coins;
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(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 pre-
paid orders under paragraph (1) shall be at a rea-
sonable 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 dol-
lar 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
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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 commemorative coin pro-
grams 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 date of the enactment of this Act). The Sec-
retary of the Treasury may issue guidance to carry out 
this subsection. 
Passed the House of Representatives December 7, 
2004. 
Attest: 
JEFF TRANDAHL, 
Clerk.