(3) Delegating to the Secretary of State Certain Functions With Respect to the Negotiation of International Agreements Relating to the Enhancement of the Environment Executive Order 11742, October 23, 1973, 38 F.R. 29457, 33 U.S.C. 1251 note Under and by virtue of the authority vested in me by section 301 of title 3 of the United States Code and as President of the United States, I hereby authorize and empower the Secretary of State, in coordination with the Council on Environmental Quality, the Environmental Protection Agency, and other appropriate Federal agencies, to perform, without the approval, ratification, or other action of the President, the functions vested in the President by section 7 of the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500; 86 Stat. 898) with respect to international agreements relating to the enhancement of the environment. 36-065 98 16 c. International Cooperation or Participation in (1) Rhinoceros and Tiger Conservation Act of 1994 Public Law 103–391 [H.R. 4924], 108 Stat. 4094, approved October 22, 1994 AN ACT To assist in the conservation of rhinoceros and tigers by supporting and providing financial resources for the conservation programs of nations whose activities directly or indirectly affect rhinoceros and tiger populations, and of the CITES Secretariat. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.2 SHORT TITLE. This Act may be cited as the "Rhinoceros and Tiger Conservation Act of 1994". SEC. 2.3 FINDINGS. The Congress finds the following: (1) The world's rhinoceros population 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 listed on Appendix I of CITES since 1987. (5) The tiger and all rhinoceros species, except the southern subspecies of white rhinoceros, are listed as endangered species under 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 all 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 Fishermen's Protective Act of 1967 (22 Ú.S.C. 1978) the Secretary certified that the People's Republic of China and Taiwan were engaged in trade of rhinoceros parts and tiger parts that diminished 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 See also legislation under Law of the Sea, beginning at page 3. 216 U.S.C. 5301 note. 316 U.S.C. 5301. 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. (9) On November 8, 1993, under section 8 of the Fisherman'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 wildlife specimens and products from Taiwan be prohibited, in response to Taiwan's failure to undertake sufficient actions to stop illegal rhinoceros and tiger trade; and (B) indicated that the certification of China would remain in effect and directed that additional monitoring of China's progress be undertaken. SEC. 3.4 PURPOSES. 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 directly or indirectly affect rhinoceros and tiger populations, and the CITES Secretariat. (2) To provide financial resources for those programs. SEC. 4.5 DEFINITIONS. 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 procedures 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 all activities associated with scientific resource management, such as research, census, law enforcement, habitat protection, acquisition, and management, propagation, live trapping, and transportation; (3) "Fund" means the Rhinoceros and Tiger Conservation Fund established under section 6(a); (4) "Secretary" means the Secretary of the Interior; and (5) "Administrator" means the Administrator of the Agency for International Development. SEC. 5.6 RHINOCEROS AND TIGER CONSERVATION ASSISTANCE. (a) IN GENERAL.-The Secretary, subject to the availability of appropriations and in consultation with the Administrator, shall use amounts 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 indirectly affect rhinoceros or tiger populations, the CITES Sec 416 U.S.C. 5302. 516 U.S.C. 5303. 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 succinctly; (3) describe the qualifications of the individuals who will conduct the project; (4) estimate the funds and time required to complete the project; (5) provide evidence of support of the project by appropriate governmental entities of countries in which the project will be conducted, if the Secretary determines that the support is required for the success of the project; and (6) provide any other information the Secretary considers to be necessary for evaluating the eligibility of the project for funding under this Act. (c) PROJECT REVIEW AND APPROVAL.-Within 30 days of receiving 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 funds, 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 under this section if the project will enhance programs for conservation of rhinoceros or tigers by assisting efforts to (1) implement conservation programs; (2) enhance compliance with provisions of CITES and laws of the United States or a foreign country 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 mortality. (e) PROJECT SUSTAINABILITY.-To the maximum extent practical, the Secretary should give consideration to projects which will enhance sustainable development programs to ensure effective, longterm 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 all information requested by the Secretary, after consulting with the Administrator, for evaluating the progress and success of the project. SEC. 6.7 RHINOCEROS AND TIGER CONSERVATION FUND. (a)_ ESTABLISHMENT.-There is established in the general fund of the Treasury a separate account to be known as the "Rhinoceros and Tiger Conservation Fund", which shall consist of amounts de 716 U.S.C. 5305. posited into the Fund by the Secretary of the Treasury 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 Fund 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. (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. 7.8 AUTHORIZATION OF APPROPRIATIONS. 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. |