skip to main content

H.R. 2807 (105th): Migratory Bird Treaty Reform Act of 1998

The text of the bill below is as of Oct 15, 1998 (Passed Congress).


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,

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, 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 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.).

TITLE II--NATIONAL WILDLIFE REFUGE SYSTEM IMPROVEMENT

SEC. 201. SHORT TITLE.

    This 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 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.

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 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 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.’.

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 WETLANDS CONSERVATION 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 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 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)).

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 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.

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:

      ‘(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.’.

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 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.’.

SEC. 405. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF PRODUCTS 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)).’.

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 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.’.

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’.

TITLE V--CHESAPEAKE BAY INITIATIVE

SEC. 501. SHORT TITLE.

    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-

      (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.