108TH CONGRESS
2D SESSION
H. R. 4116
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, water-
ways, and skies and the great importance of the
designation of the American bald eagle as an
‘‘endangered’’ species under the Endangered
Species Act of 1973, and for other purposes.
108TH CONGRESS
2D SESSION
H. R. 4116
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.
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
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.
(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
Endangered Species Act of 1973, and the 35th anni-
versary, in 2008, of the Endangered Species Act of
1973 and the designation of the bald eagle as an
‘‘endangered’’ species under such Act, Congress
wishes to offer the opportunity for all persons to vol-
untarily participate in raising funds for future bald
eagle recovery, monitoring, and preservation efforts
and to contribute to a special American Eagle Fund
endowment managed by the not-for-profit American
Eagle Foundation of Tennessee in the United
States, in cooperation with fund management ex-
perts.
(15) It is appropriate for Congress to authorize
coins—
(A) celebrating the recovery and restora-
tion of the bald eagle, the living symbol of free-
dom in the United States, to America’s lands,
waterways, and skies;
(B) commemorating the removal of the
bald eagle from the ‘‘endangered’’ and ‘‘threat-
ened’’ species lists under the Endangered Spe-
cies Act of 1973; and
(C) commemorating the 35th anniversary
of the enactment of the Endangered Species
Act of 1973 and the designation of the bald
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.
(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
(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;
(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
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:
Clerk.