105TH CONGRESS
2D SESSION
H.R. 2807
AMENDMENTS
TO
SENATE AMENDMENT
In the House of Representatives, U. S.,
October 14, 1998.
Resolved, That the House agree to the amendment of the
Senate to the bill (H.R. 2807) entitled ‘‘An Act to amend the
Rhinoceros and Tiger Conservation Act of 1994 to prohibit
the sale, importation, and exportation of products labeled as
containing substances derived from rhinoceros or tiger’’, with
the following
AMENDMENTS:
In lieu of the matter proposed to be inserted by the
amendment of the Senate, insert the following:
TITLE I—MIGRATORY BIRD
TREATY REFORM
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Migratory Bird Treaty
Reform Act of 1998’’.
SEC. 102. ELIMINATING STRICT LIABILITY FOR BAITING.
Section 3 of the Migratory Bird Treaty Act (16 U.S.C.
704) is amended—
(1) by inserting ‘‘(a)’’ after ‘‘SEC. 3.’’; and
(2) by adding at the end the following:
‘‘(b) It shall be unlawful for any person to—
‘‘(1) take any migratory game bird by the aid of
baiting, or on or over any baited area, if the person
knows or reasonably should know that the area is a
baited area; or
‘‘(2) place or direct the placement of bait on or
adjacent to an area for the purpose of causing, induc-
ing, or allowing any person to take or attempt to take
any migratory game bird by the aid of baiting on or
over the baited area.’’.
SEC. 103. CRIMINAL PENALTIES.
Section 6 of the Migratory Bird Treaty Act (16 U.S.C.
707) is amended—
(1) in subsection (a), by striking ‘‘$500’’ and in-
serting ‘‘$15,000’’;
(2) by redesignating subsection (c) as subsection
(d); and
(3) by inserting after subsection (b) the follow-
ing:
‘‘(c) Whoever violates section 3(b)(2) shall be fined
under title 18, United States Code, imprisoned not more
than 1 year, or both.’’.
SEC. 104. REPORT.
Not later than 5 years after the date of enactment of
this Act, the Secretary of the Interior shall submit to the
Committee on Environment and Public Works of the Senate
and the Committee on Resources of the House of Representa-
tives a report analyzing the effect of the amendments made
by section 2, and the general practice of baiting, on migra-
tory bird conservation and law enforcement efforts under
the Migratory Bird Treaty Act (16 U.S.C. 701 et seq.).
TITLE II—NATIONAL WILDLIFE
REFUGE SYSTEM IMPROVEMENT
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘National Wildlife Ref-
uge System Improvement Act of 1998’’.
SEC. 202. UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE
AND FISH REFUGE.
(a) IN GENERAL.—In accordance with section 4(a)(5)
of the National Wildlife Refuge System Administration Act
of 1966 (16 U.S.C. 668dd(a)(5)), there are transferred to
the Corps of Engineers, without reimbursement, approxi-
mately 37.36 acres of land of the Upper Mississippi River
Wildlife and Fish Refuge in the State of Minnesota, as des-
ignated on the map entitled ‘‘Upper Mississippi National
Wildlife and Fish Refuge lands transferred to Corps of En-
gineers’’, dated January 1998, and available, with accom-
panying legal descriptions of the land, for inspection in ap-
propriate offices of the United States Fish and Wildlife
Service.
(b) CONFORMING AMENDMENTS.—The first section and
section 2 of the Upper Mississippi River Wild Life and Fish
Refuge Act (16 U.S.C. 721, 722) are amended by striking
‘‘Upper Mississippi River Wild Life and Fish Refuge’’ each
place it appears and inserting ‘‘Upper Mississippi River
National Wildlife and Fish Refuge’’.
SEC. 203. KILLCOHOOK COORDINATION AREA.
(a) IN GENERAL.—In accordance with section 4(a)(5)
of the National Wildlife Refuge System Administration Act
of 1966 (16 U.S.C. 668dd(a)(5)), the jurisdiction of the
United States Fish and Wildlife Service over approximately
1,439.26 acres of land in the States of New Jersey and Dela-
ware, known as the ‘‘Killcohook Coordination Area’’, as es-
tablished by Executive Order No. 6582, issued February 3,
1934, and Executive Order No. 8648, issued January 23,
1941, is terminated.
(b) EXECUTIVE ORDERS.—Executive Order No. 6582,
issued February 3, 1934, and Executive Order No. 8648,
issued January 23, 1941, are revoked.
SEC. 204. LAKE ELSIE NATIONAL WILDLIFE REFUGE.
(a) IN GENERAL.—In accordance with section 4(a)(5)
of the National Wildlife Refuge System Administration Act
of 1966 (16 U.S.C. 668dd(a)(5)), the jurisdiction of the
United States Fish and Wildlife Service over approximately
634.7 acres of land and water in Richland County, North
Dakota, known as the ‘‘Lake Elsie National Wildlife Ref-
uge’’, as established by Executive Order No. 8152, issued
June 12, 1939, is terminated.
(b) EXECUTIVE ORDER.—Executive Order No. 8152,
issued June 12, 1939, is revoked.
SEC. 205. KLAMATH FOREST NATIONAL WILDLIFE REFUGE.
Section 28 of the Act of August 13, 1954 (25 U.S.C.
564w–1), is amended in subsections (f) and (g) by striking
‘‘Klamath Forest National Wildlife Refuge’’ each place it
appears and inserting ‘‘Klamath Marsh National Wildlife
Refuge’’.
SEC. 206. VIOLATION OF NATIONAL WILDLIFE REFUGE SYS-
TEM ADMINISTRATION ACT.
Section 4 of the National Wildlife Refuge System Ad-
ministration Act of 1966 (16 U.S.C. 668dd) is amended—
(1) in the first sentence of subsection (c), by
striking ‘‘knowingly’’; and
(2) in subsection (f)—
(A) by striking ‘‘(f) Any’’ and inserting the
following:
‘‘(f) PENALTIES.—
‘‘(1) KNOWING VIOLATIONS.—Any’’;
(B) by inserting ‘‘knowingly’’ after ‘‘who’’;
and
(C) by adding at the end the following:
‘‘(2) OTHER VIOLATIONS.—Any person who oth-
erwise violates or fails to comply with any of the pro-
visions of this Act (including a regulation issued
under this Act) shall be fined under title 18, United
States Code, or imprisoned not more than 180 days,
or both.’’.
TITLE III—WETLANDS AND
WILDLIFE ENHANCEMENT
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Wetlands and Wildlife
Enhancement Act of 1998’’.
SEC. 302. REAUTHORIZATION OF NORTH AMERICAN WET-
LANDS CONSERVATION ACT.
Section 7(c) of the North American Wetlands Con-
servation Act (16 U.S.C. 4406(c)) is amended by striking
‘‘not to exceed’’ and all that follows and inserting ‘‘not to
exceed $30,000,000 for each of fiscal years 1999 through
2003.’’.
SEC. 303. REAUTHORIZATION OF PARTNERSHIPS FOR WILD-
LIFE ACT.
Section 7105(h) of the Partnerships for Wildlife Act
(16 U.S.C. 3744(h)) is amended by striking ‘‘for each of
fiscal years’’ and all that follows and inserting ‘‘not to ex-
ceed $6,250,000 for each of fiscal years 1999 through
2003.’’.
SEC. 304. MEMBERSHIP OF THE NORTH AMERICAN WET-
LANDS CONSERVATION COUNCIL.
(a) IN GENERAL.—Notwithstanding section 4(a)(1)(D)
of the North American Wetlands Conservation Act (16
U.S.C. 4403(a)(1)(D)), during the period of 1999 through
2002, the membership of the North American Wetlands Con-
servation Council under section 4(a)(1)(D) of that Act shall
consist of—
(1) 1 individual who shall be the Group Man-
ager for Conservation Programs of Ducks Unlimited,
Inc. and who shall serve for 1 term of 3 years begin-
ning in 1999; and
(2) 2 individuals who shall be appointed by the
Secretary of the Interior in accordance with section
4 of that Act and who shall each represent a different
organization described in section 4(a)(1)(D) of that
Act.
(b) PUBLICATION OF POLICY.—Not later than June 30,
1999, the Secretary of the Interior shall publish in the Fed-
eral Register, after notice and opportunity for public com-
ment, a policy for making appointments under section
4(a)(1)(D) of the North American Wetlands Conservation
Act (16 U.S.C. 4403(a)(1)(D)).
TITLE IV—RHINOCEROS AND
TIGER CONSERVATION
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Rhinoceros and Tiger
Conservation Act of 1998’’.
SEC. 402. FINDINGS.
Congress finds that—
(1) the populations of all but 1 species of rhinoc-
eros, and the tiger, have significantly declined in re-
cent years and continue to decline;
(2) these species of rhinoceros and tiger are listed
as endangered species under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) and listed on Ap-
pendix I of the Convention on International Trade in
Endangered Species of Wild Fauna and Flora, signed
on March 3, 1973 (27 UST 1087; TIAS 8249) (re-
ferred to in this title as ‘‘CITES’’);
(3) the Parties to CITES have adopted several
resolutions—
(A) relating to the conservation of tigers
(Conf. 9.13 (Rev.)) and rhinoceroses (Conf. 9.14),
urging Parties to CITES to implement legisla-
tion to reduce illegal trade in parts and products
of the species; and
(B) relating to trade in readily recognizable
parts and products of the species (Conf. 9.6), and
trade in traditional medicines (Conf. 10.19), rec-
ommending that Parties ensure that their legis-
lation controls trade in those parts and deriva-
tives, and in medicines purporting to contain
them;
(4) a primary cause of the decline in the popu-
lations of tiger and most rhinoceros species is the
poaching of the species for use of their parts and
products in traditional medicines;
(5) there are insufficient legal mechanisms ena-
bling the United States Fish and Wildlife Service to
interdict products that are labeled or advertised as
containing substances derived from rhinoceros or tiger
species and prosecute the merchandisers for sale or
display of those products; and
(6) legislation is required to ensure that—
(A) products containing, or labeled or ad-
vertised as containing, rhinoceros parts or tiger
parts are prohibited from importation into, or
exportation from, the United States; and
(B) efforts are made to educate persons re-
garding alternatives for traditional medicine
products, the illegality of products containing, or
labeled or advertised as containing, rhinoceros
parts and tiger parts, and the need to conserve
rhinoceros and tiger species generally.
SEC. 403. PURPOSES OF THE RHINOCEROS AND TIGER CON-
SERVATION ACT OF 1994.
Section 3 of the Rhinoceros and Tiger Conservation
Act of 1994 (16 U.S.C. 5302) is amended by adding at the
end the following:
‘‘(3) To prohibit the sale, importation, and ex-
portation of products intended for human consump-
tion or application containing, or labeled or adver-
tised as containing, any substance derived from any
species of rhinoceros or tiger.’’.
SEC. 404. DEFINITION OF PERSON.
Section 4 of the Rhinoceros and Tiger Conservation
Act of 1994 (16 U.S.C. 5303) is amended—
(1) in paragraph (4), by striking ‘‘and’’ at the
end;
(2) in paragraph (5), by striking the period at
the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(6) ‘person’ means—
‘‘(A) an individual, corporation, partner-
ship, trust, association, or other private entity;
‘‘(B) an officer, employee, agent, depart-
ment, or instrumentality of—
‘‘(i) the Federal Government;
‘‘(ii) any State, municipality, or polit-
ical subdivision of a State; or
‘‘(iii) any foreign government;
‘‘(C) a State, municipality, or political sub-
division of a State; or
‘‘(D) any other entity subject to the juris-
diction of the United States.’’.
SEC. 405. PROHIBITION ON SALE, IMPORTATION, OR EXPOR-
TATION OF PRODUCTS LABELED OR ADVER-
TISED AS RHINOCEROS OR TIGER PRODUCTS.
The Rhinoceros and Tiger Conservation Act of 1994
(16 U.S.C. 5301 et seq.) is amended—
(1) by redesignating section 7 as section 9; and
(2) by inserting after section 6 the following:
‘‘SEC. 7. PROHIBITION ON SALE, IMPORTATION, OR EXPOR-
TATION OF PRODUCTS LABELED OR ADVER-
TISED AS RHINOCEROS OR TIGER PRODUCTS.
‘‘(a) PROHIBITION.—A person shall not sell, import,
or export, or attempt to sell, import, or export, any product,
item, or substance intended for human consumption or ap-
plication containing, or labeled or advertised as containing,
any substance derived from any species of rhinoceros or
tiger.
‘‘(b) PENALTIES.—
‘‘(1) CRIMINAL PENALTY.—A person engaged in
business as an importer, exporter, or distributor that
knowingly violates subsection (a) shall be fined under
title 18, United States Code, imprisoned not more
than 6 months, or both.
‘‘(2) CIVIL PENALTIES.—
‘‘(A) IN GENERAL.—A person that know-
ingly violates subsection (a), and a person en-
gaged in business as an importer, exporter, or
distributor that violates subsection (a), may be
assessed a civil penalty by the Secretary of not
more than $12,000 for each violation.
‘‘(B) MANNER OF ASSESSMENT AND COL-
LECTION.—A civil penalty under this paragraph
shall be assessed, and may be collected, in the
manner in which a civil penalty under the En-
dangered Species Act of 1973 may be assessed
and collected under section 11(a) of that Act (16
U.S.C. 1540(a)).
‘‘(c) PRODUCTS, ITEMS, AND
SUBSTANCES.—Any
product, item, or substance sold, imported, or exported, or
attempted to be sold, imported, or exported, in violation of
this section or any regulation issued under this section shall
be subject to seizure and forfeiture to the United States.
‘‘(d) REGULATIONS.—After consultation with the Sec-
retary of the Treasury, the Secretary of Health and Human
Services, and the United States Trade Representative, the
Secretary shall issue such regulations as are appropriate
to carry out this section.
‘‘(e) ENFORCEMENT.—The Secretary, the Secretary of
the Treasury, and the Secretary of the department in which
the Coast Guard is operating shall enforce this section in
the manner in which the Secretaries carry out enforcement
activities under section 11(e) of the Endangered Species Act
of 1973 (16 U.S.C. 1540(e)).
‘‘(f) USE OF PENALTY AMOUNTS.—Amounts received
as penalties, fines, or forfeiture of property under this sec-
tion shall be used in accordance with section 6(d) of the
Lacey Act Amendments of 1981 (16 U.S.C. 3375(d)).’’.
SEC. 406. EDUCATIONAL OUTREACH PROGRAM.
The Rhinoceros and Tiger Conservation Act of 1994
(16 U.S.C. 5301 et seq.) (as amended by section 405) is
amended by inserting after section 7 the following:
‘‘SEC. 8. EDUCATIONAL OUTREACH PROGRAM.
‘‘(a) IN GENERAL.—Not later than 180 days after the
date of enactment of this section, the Secretary shall develop
and implement an educational outreach program in the
United States for the conservation of rhinoceros and tiger
species.
‘‘(b) GUIDELINES.—The Secretary shall publish in the
Federal Register guidelines for the program.
‘‘(c) CONTENTS.—Under the program, the Secretary
shall publish and disseminate information regarding—
‘‘(1) laws protecting rhinoceros and tiger species,
in particular laws prohibiting trade in products con-
taining, or labeled or advertised as containing, their
parts;
‘‘(2) use of traditional medicines that contain
parts or products of rhinoceros and tiger species,
health risks associated with their use, and available
alternatives to the medicines; and
‘‘(3) the status of rhinoceros and tiger species
and the reasons for protecting the species.’’.
SEC. 407. AUTHORIZATION OF APPROPRIATIONS.
Section 9 of the Rhinoceros and Tiger Conservation
Act of 1994 (16 U.S.C. 5306) (as redesignated by section
405(1)) is amended by striking ‘‘1996, 1997, 1998, 1999,
and 2000’’ and inserting ‘‘1996 through 2002’’.