Rhinoceros and Tiger Conservation Act of 1994
PL 103-391 (H.R.4924), enacted 10/22/1994

108 STAT. 4094 
PUBLIC LAW 103-391—OCT. 22, 1994 
Public Law 103-391 
103d Congress 
An Act 
To assist in the conservation of rhinoceros and tigers by supporting and providing 
Oct. 22, 1994 
financial resources for the conservation programs of nations whose activities 
[H.R. 4924] 
directly or indirectly affect riiinoceros and tiger poptilations, and of the CITES 
Secretariat. 
Be it enacted by the Senate and House of Representatives of 
Rhinoceros 
the United States of America in Congress assembled, 
and Tiger 
Conservation 
SECTION 1. SHORT TITLE. 
Act of 1994. 
16 use 5301 
This Act may be cited as the "Rhinoceros and Tiger Conserva-
note. 
tionActofl994''. 
16 u s e 5301. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) The world's rhinoceros poptdation is declining 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 approximately 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 Usted on Appendix I 
of CITES since 1987. 
(5) The tiger and aU rhinoceros species, except the southern 
subspecies of white rhinoceros, eire listed as endangered species 
imder 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 aU parties to establish a moratorium on the sale 
and trade in rhinoceros products (other than legally taken 
trophies), to destroy government 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 Fisher-
men's Protective Act of 1967 (22 U.S.C. 1978) the Secretary 
certified that the People's Republic of China and Taiwan were 
engaged in trade of rlunoceros parts and tiger parts that dimin-
ished the effectiveness of an international conservation program 
for that endangered species. 
(8) On September 9, 1993, the Standing Committee of 
CITES, in debating the continuing problem of trade in rhinoc-
eros horn and tiger parts, adopted a resolution urging parties 
to CITES to implement stricter domestic measures, up to and 
including an immediate prohibition in trade in wildlife species. 
PUBLIC LAW 103-391—OCT. 22, 1994 
108 STAT. 4095 
(9) On November 8, 1993, under section 8 of the Fisher-
man'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 wUdUfe specimens and 
products from Taiwan be prohibited, in response to Tai-
wan's failure to undertake sufficient actions to stop illegal 
rhinoceros and tiger trade* and 
(B) indicated that the certification of China woxild 
remain in effect and directed that additional monitoring 
of China's progress be undertaken. 
SEC. 3. PURPOSES. 
16 USC 5302. 
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 directiy or indirectiy sdBFect rhinoceros and tiger popu-
lations, and the CITES Secretariat. 
(2) To provide financial resources for those programs. 
SEC. 4. DEFINITIONS. 
16 USC 5303. 
In this Act— 
(1) "CITES" means the Convention on International Trade 
in Endangered Species of Wild Fauna and Flora, signed on 
March 3, 1973, and its appendices; 
(2) "conservation" means the use of all methods and proce-
diu^s necessary to bring rhinoceros and tigers to the point 
at which there are sufficient populations to ensure that those 
species do not become extinct, including aU activities associated 
with scientific resource management, such as research, census, 
law enforcement, habitat protection, acquisition, and manage-
ment, propagation, Uve trappirig, and transportation; 
(3) "Fund" means the Rhinoceros and Tiger Conservation 
Fund estabUshed imder section 6(a); 
(4) "Secretary" means the Secretary of the Interior; and 
(5) "Administrator'' means the Administrator of the Agency 
for International Development 
SEC. 5. RHINOCEROS AND TIGER CONSERVATION ASSISTANCE. 
16 USC 5304. 
(a) IN GENERAL.—^The Secretary, subject to the availability 
of appropriations and in consultation with the Administrator, shall 
use amoimts 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 indirectiy affect rhinoceros or tiger populations, the CITES Sec-
retariat, or any other person may submit to the Secretary a project 
proposal under this section. Each proposal shall— 
(1) name the individual responsible for conducting the 
project; 
(2) state the purposes of the project succinctiy; 
(3) describe the qualifications of the individuals who wiU 
conduct the project; 
(4) estimate the fimds and time required to complete the 
project; 
108 STAT. 4096 
PUBLIC LAW 103-391—OCT. 22, 1994 
(5) provide evidence of support of the project by appropriate 
f
ovemmental entities of countries in wnicn the project will 
e conducted, if the Secretary determines that the support 
is required for the success of 
tie project; and 
(6) provide any other information the Secretary considers 
to be necessary for evaluating the eHgibihty of the project 
for fiinding under this Act 
(c) PROJECT REVIEW AND APPROVAL.—Within 30 days of receiv-
ing a final project proposal, the Secretary shall provide a copy 
of the proposal to the Administrator. The Secretary shall review 
each final project proposal to determine if it meets the criteria 
set forth in subsection (d). Not later than 6 months after receiving 
a final project proposal, and subject to the availability of fiinds, 
the Secretary, after consulting with the Administrator, shall 
approve or disapprove the proposal and provide written notification 
to the person who submitted the proposal, to the Administrator, 
and to each country within which the project is to be conducted. 
(d) CRITERIA FOR APPROVAL.—^The Secretary may approve a 
project imder this section if the project will enhance programs 
for conservation of rhinoceros or tigers by assisting efforts to— 
(1) implement conservation programs; 
(2) ennance compliance with provisions of CITES and laws 
of the United States or a foreign coimtry that prohibit or 
regulate the taking or trade of rhinoceros or tigers or the 
use of rhinoceros or tiger habitat; or 
(3) develop sound scientific information on that species' 
habitat condition and carrying capacity, total numbers and 
population trends, or annual reproduction and mortaUty. 
(e) PROJECT SUSTAINABIUTY.—TO the maximum extent prac-
tical, the Secretary should give consideration to projects which 
will enhance sustainable development programs to ensure effective, 
long-term conservation of rhinoceros and tigers. 
(f) PROJECT REPORTING.—Each person that receives assistance 
under this section for a project shall provide periodic reports, as 
the Secretary considers necessary, to the Secretary and the 
Administrator. Each report shall include aU information requested 
by the Secretary, after consulting with the Administrator, for 
evaluating the progress and success of the project. 
16 use 5305. 
SEC. 6. RHINOCEROS AND TIGER CONSERVATION FUND. 
(a) ESTABLISHMENT.—^There is estabHshed in the general fiind 
of the Treasury a separate account to be known as the llhinoceros 
and Tiger Conservation Fund", which shall consist of amounts 
deposited into the Fund by the Secretary of tlie Treasiuy 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 Fimd 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. 
PUBLIC LAW 103-391—OCT. 22, 1994 
108 STAT. 4097 
(d) ACCEPTANCE AND USE OF DONATIONS.—The Secretary may 
accept and use donations to provide assistance under section 5. 
Amounts received by the Secretary in the form of donations shall 
be transferred to the Secretary of the Treasury for deposit into 
the Fund. 
SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
16 USC 5306. 
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. 
Approved October 22, 1994. 
LEGISLATIVE HISTORY—H.R. 4924: 
HOUSE REPORTS: No. 103-748 (Comm. on Merchant Marine and Fisheries). 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
Sept. 27, considered and passed House. 
Oct. 7, considered and passed Senate. 
o