[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2807 Enrolled Bill (ENR)]
H.R.2807
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
eight
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,

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This title may be cited as the ``Migratory Bird Treaty Reform Act
of 1998''.

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TITLE I

-MIGRATORY BIRD TREATY REFORM

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.''.

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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.''.

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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 general practice of baiting, on
migratory bird conservation and law enforcement efforts under the
Migratory Bird Treaty Act (16 U.S.C. 701 et seq.).

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This title may be cited as the ``National Wildlife Refuge System
Improvement Act of 1998''.

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TITLE II

-NATIONAL WILDLIFE REFUGE SYSTEM IMPROVEMENT

(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''.

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(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 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 February 3,
1934, and Executive Order No. 8648, issued January 23, 1941, are
revoked.

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(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.

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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''.

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ACT.
Section 4 of the National Wildlife Refuge System Administration 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 otherwise violates 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.''.

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This title may be cited as the ``Wetlands and Wildlife Enhancement
Act of 1998''.

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TITLE III

-WETLANDS AND WILDLIFE ENHANCEMENT

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.''.

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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.''.

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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 Conservation Council under section 4(a)(1)(D) of that Act
shall consist of--
(1) 1 individual who shall be the Group Manager for
Conservation 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, after
notice and opportunity for public comment, 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)).

9f7a6ee16e50c5906dda7d1f336d5d596e7f8c62c315b4d2ee81992f2b51401e

This title may be cited as the ``Rhinoceros and Tiger Conservation
Act of 1998''.

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TITLE IV

-RHINOCEROS AND TIGER CONSERVATION

Congress finds that--
(1) the populations of all but 1 species of rhinoceros, and the
tiger, have significantly declined in recent 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 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 merchandisers 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
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.

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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 exportation of
products intended for human consumption or application containing,
or labeled or advertised as containing, any substance derived from
any species of rhinoceros or tiger.''.

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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 Government;
``(ii) any State, municipality, or political
subdivision 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.''.

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LABELED OR ADVERTISED 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 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 human 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)).
``(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 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 section shall be used in
accordance with section 6(d) of the Lacey Act Amendments of 1981 (16
U.S.C. 3375(d)).''.

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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 containing, 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.''.

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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''.

9174a3e74d52639ca48cc64b4a23a1f031732df80a8f0ba01e2e92c9dd69d037

This title may be cited as the ``Chesapeake Bay Initiative Act of
1998''.

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TITLE V

-CHESAPEAKE BAY INITIATIVE

(a) Chesapeake Bay Gateways and Watertrails Network.--
(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 education 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 Program.--
(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 sector in
conserving, restoring, and interpreting important historic,
cultural, recreational, and natural resources within the Chesapeake
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
materials, 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.
(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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

2c9fcf78f5810b9e5fe0d26078e1dd6783f2216a8a49e02c9afeefa8ffb2f9f3

Wetlands and Wildlife Enhancement Act of 1998 — HR. 2807

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

TITLE V

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