Migratory Bird Treaty Reform Act of 1998
PL 105-312 (H.R.2807), enacted 10/30/1998

112 STAT. 2956 
PUBLIC LAW 105-312—OCT. 30, 1998 
Oct. 30, 1998 
[H.R. 2807] 
Migratory Bird 
Treaty Reform 
Act of 1998. 
Public Law 105-312 
105th Congress 
An Act 
To clarify restrictions under the Migratory Bird Treaty Act on baiting and to 
facilitate acquisition of migratory bird habitat, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
TITLE I—MIGRATORY BIRD TREATY 
REFORM 
16 u s e 710 note. 
SEC. 101. SHORT TITLE. 
Deadline. 
16 u s e 704 note. 
This title may be cited as the "Migratory Bird Treaty Reform 
Act of 1998". 
SEC. 102. ELIMINATING STRICT LIABILITY FOR BATTING. 
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, inducing, 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 inserting 
"$15,000"; 
(2) by redesignating subsection (c) as subsection (d); and 
(3) by inserting after subsection (b) the following: 
"(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 Representatives a report analyzing 
the effect of the amendments made by section 2, and the genersd 
PUBLIC LAW 105-312—OCT. 30, 1998 
112 STAT. 2957 
practice of baiting, on migratory bird conservation and law enforce-
ment efforts under the Migratory Bird Treaty Act (16 U.S.C. 701 
et seq.). 
TITLE II—NATIONAL WILDLIFE REFUGE Natonaiwndife 
SYSTEM IMPROVEMENT 
MpZe'S A
c
t 
SEC. 201. SHORT TITLE. 
Tliis title may be cited as the "National Wildlife Refuge 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, approximately 37.36 acres of land of the 
Upper Mississippi River Wildlife and Fish Refuge in the State 
of Minnesota, as designated on the map entitled "Upper Mississippi 
National Wildlife and Fish Refuge lands transferred to Corps of 
Engineers", dated January 1998, and available, with accompanying 
legal descriptions of the land, for inspection in appropriate 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 GENERAJ..—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 Delaware, known as the "Killcohook 
Coordination Area", as established 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 Feb-
ruary 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 Refuge", 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 
of 1998. 
16 u s e 668dd 
note. 
16 u s e 722 note. 
16 u s e 668dd 
note. 
112 STAT. 2958 
PUBLIC LAW 105-312—OCT. 30, 1998 
Wetlands and 
WUdUfe 
Enhancement 
Act of 1998. 
16 u s e 4401 
note. 
16 u s e 4403 
note. 
Federal Register, 
publication. 
Notice. 
Forest National Wildlife Refuge" each place it appears and inserting 
"Klamath Marsh National Wildlife Refuge". 
SEC. 206. VIOLATION OF NATIONAL WILDLIFE REFUGE SYSTEM 
ADMINISTRATION ACT. 
Section 4 of the National Wildlife Refuge System Administra-
tion Act of 1966 (16 U.S.C. 668dd) is amended— 
(1) in the first sentence of subsection (c), by striking "know-
ingly"; 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 otherwise vio-
lates or fails to comply with any of the provisions 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 Enhance-
ment Act of 1998". 
SEC. 302. REAUTHORIZATION OF NORTH AMERICAN WETLANDS CON-
SERVATION ACT. 
Section 7(c) of the North American Wetlands Conservation 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 WILDLIFE 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 exceed $6,250,000 for each 
of fiscal years 1999 through 2003.". 
SEC. 304. MEMBERSHIP OF THE NORTH AMERICAN WETLANDS CON-
SERVATION 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 member-
ship of the North American Wetlands Conservation Council under 
section 4(a)(1)(D) of that Act shall consist of— 
(1) 1 individual who shall be the Group Manager for Con-
servation Programs of Ducks Unlimited, Inc. and who shall 
serve for 1 term of 3 years beginning 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 Federal Register, 
PUBLIC LAW 105-312—OCT. 30, 1998 
112 STAT. 2959 
after notice and opportunity for public comment, a policy for making 
appointments under section 4(a)(1)(D) of the North American Wet-
lands Conservation Act (16 U.S.C. 4403(a)( 1)(D)). 
TITLE IV—RHINOCEROS AND TIGER 
Rhinoceros and 
CONSERVATION 
c S r v a t l o n A c t 
of 1998. 
SEC. 401. SHORT TITLE. 
16USC5301 
This title may be cited as the "Rhinoceros and Tiger Conserva-
tion Act of 1998". 
SEC. 402. FINDINGS. 
16USC5301 
Congress finds that— 
(1) the populations of all but 1 species of rhinoceros, and 
the tiger, have significantly declined in recent years and con-
tinue to decline; 
(2) these species of rhinoceros and tiger are listed as endan-
gered species under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) and listed on Appendix 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) 
(referred 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 legislation 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), recommending that Parties ensure 
that their legislation controls trade in those parts and 
derivatives, and in medicines purporting to contain them; 
(4) a primary cause of the decline in the populations 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 enabling 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 merchan-
disers for sale or display of those products; and 
(6) legislation is required to ensure that— 
(A) products containing, or labeled or advertised 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 regarding alter-
natives 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 CONSERVATION 
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: 
112 STAT. 2960 
PUBLIC LAW 105-312—OCT. 30, 1998 
"(3) To prohibit the sale, importation, and exportation of 
products intended for human consumption or application 
containing, or labeled or advertised as containing, any sub-
stance 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, partnership, trust, 
association, or other private entity; 
"(B) an officer, 
employee, agent, department, or 
instrumentality of— 
"(i) the Federal Grovemment; 
"(ii) any State, municipality, or political subdivi-
sion of a State; or 
"(iii) any foreign government; 
"(C) a State, municipality, or political subdivision of 
a State; or 
"(D) any other entity subject to the jurisdiction of the 
United States.". 
SEC. 405. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION 
OF PRODUCTS LABELED OR ADVERTISED AS RHINOC-
EROS OR TIGER PRODUCTS. 
The Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 
5301 et seq.) is amended— 
16 use 5306. 
(1) by redesignating section 7 as section 9; and 
(2) by inserting after section 6 the following: 
16 use 5305a. 
"SEC. 7. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF 
PRODUCTS LABELED OR ADVERTISED 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 humsui consumption or application 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 knowingly violates 
subsection (a), and a person engaged 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 COLLECTION.—A civil 
penalty under this paragraph shall be assessed, and may 
be collected, in the manner in which a civil penalty under 
the Endangered Species Act of 1973 may be assessed and 
collected under section 11(a) of that Act (16 U.S.C. 1540(a)). 
PUBLIC LAW 105-312—OCT. 30, 1998 
112 STAT. 2961 
"(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 Secretary 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 Treas-
ury, 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 pen-
alties, fines, or forfeiture of property under this section 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. 
16 USC 5305b. 
"(a) IN GENERAL.—Not later than 180 days after the date of Deadline, 
enactment of this section, the Secretary shall develop and imple-
ment 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 pub-
lish and disseminate information regarding— 
"(1) laws protecting rhinoceros and tiger species, in particu-
lar laws prohibiting trade in products containing, or labeled 
or advertised as containing, their parts; 
"(2) use of traditional medicines that contain parts or prod-
ucts 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". 
T I T L E V — C H E S A P E A K E B A Y I N I T I A T I V E 
Chesapeake Bay 
Initiative Act of 
1998 
SEC. 501. SHORT TITLE. 
16 USC 461 note. 
This title may be cited as the "Chesapeake Bay Initiative 
Act of 1998". 
SEC. 502. CHESAPEAKE BAY GATEWAYS AND WATERTRAILS. 
(a) CHESAPEAKE BAY GATEWAYS AND WATERTRAILS NETWORK.— 
112 STAT. 2962 
PUBLIC LAW 105-312—OCT. 30, 1998 
(1) IN GENERAL.—^The Secretary of the Interior (referred 
to in this section as the "Secretary"), in cooperation with the 
Administrator of the Environmental Protection Agency (referred 
to in this section as the "Administrator"), shall provide technical 
and financial assistance, in cooperation with other Federal 
agencies. State and local governments, nonprofit organizations, 
and the private sector— 
(A) to identify, conserve, restore, and interpret natural, 
recreational, historical, and cultural resources within the 
Chesapeake Bay Watershed; 
(B) to identify and utilize the collective resources as 
Chesapeake Bay Gateways sites for enhancing public edu-
cation of and access to the Chesapeake Bay; 
(C) to link the Chesapeake Bay Gateways sites with 
trails, tour roads, scenic byways, and other connections 
as determined by the Secretary; 
(D) 
to 
develop 
and 
establish 
Chesapeake 
Bay 
Watertrails comprising water routes and connections to 
Chesapeake Bay Gateways sites and other land resources 
within the Chesapeake Bay Watershed; and 
(E) to create a network of Chesapeake Bay Gateways 
sites and Chesapeake Bay Watertrails. 
(2) COMPONENTS.—Components of the Chesapeake Bay 
Gateways and Watertrails Network may include— 
(A) State or Federal parks or refuges; 
(B) historic seaports; 
(C) archaeological, cultural, historical, or recreational 
sites; or 
(D) other public access and interpretive sites as 
selected by the Secretary. 
(b) 
CHESAPEAKE BAY GATEWAYS GRANTS ASSISTANCE PRO-
GRAM.— 
Establishment. 
(1) IN GENERAL.—^The Secretary, in cooperation with the 
Administrator, shall establish a Chesapeake Bay Gateways 
Grants Assistance Program to aid State and local governments, 
local communities, nonprofit organizations, and the private sec-
tor in conserving, restoring, and interpreting important historic, 
cultural, recreational, and natural resources within the Chesa-
peake Bay Watershed. 
(2) CRITERIA.—^The Secretary, in cooperation with the 
Administrator, 
shall 
develop 
appropriate 
eligibility, 
prioritization, and review criteria for grants under this section. 
(3) MATCHING FUNDS AND ADMINISTRATIVE EXPENSES.^A 
grant under this section— 
(A) shall not exceed 50 percent of eligible project costs; 
(B) shall be made on the condition that non-Federal 
sources, including in-kind contributions of services or mate-
rials, provide the remainder of eligible project costs; and 
(C) shall be made on the condition that not more 
than 10 percent of all eligible project costs be used for 
administrative expenses. 
PUBLIC LAW 105-312—OCT. 30, 1998 
112 STAT. 2963 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $3,000,000 for each 
of fiscal years 1999 through 2003. 
Approved October 30, 1998. 
L E G I S L A T I V E H I S T O R Y — H . R . 2807 (H.R. 2863) (8. 361): 
HOUSE REPORTS: Nos. 105-495 (Comm. on Resources) and 105-542 accompany-
ing H.R. 2863 (Comm. on Resources). 
SENATE REPORTS: Nos. 105-366 accompanying H.R. 2863 and 105-282 accom-
panying S. 361 (both from Comm. on Environment and Public 
Works). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
Apr. 28, considered and passed House. 
Oct. 13, considered and passed Senate, amended, in lieu of H.R. 2863. 
Oct. 14, House concurred in Senate amendments with amendments. 
Oct. 15, Senate concurred in House amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): 
Oct. 30, Presidential statement.