I
103D CONGRESS
2D SESSION
H. R. 4924
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 popu-
lations, and of the CITES Secretariat.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 9, 1994
Mr. FIELDS of Texas (for himself, Mr. STUDDS, and Mr. BEILENSON) intro-
duced the following bill; which was referred to the Committee on Mer-
chant Marine and Fisheries
A BILL
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 Ap-
pendix 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);
and
(4) ‘‘Secretary’’ means the Secretary of the In-
terior.
SEC. 5. RHINOCEROS AND TIGER CONSERVATION ASSIST-
ANCE.
(a) IN GENERAL.—The Secretary, subject to the
availability of appropriations, 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.—The Sec-
retary shall review each project proposal to determine if
it meets the criterion 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 shall ap-
prove or disapprove the proposal and provide written noti-
fication to the person who submitted the proposal and to
each country within which the project is to be conducted.
(d) CRITERION 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—
(1) assisting efforts—
(A) to implement conservation programs;
and
(B) to 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
(2) developing sound scientific information on
that species’ habitat condition and carrying capacity,
total numbers and population trends, or annual re-
production and mortality.
(e) PROJECT REPORTING.—Each person that re-
ceives assistance under this section for a project shall pro-
vide periodic reports to the Secretary as the Secretary con-
siders necessary. Each report shall include all information
requested by the Secretary 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.
Æ