Text: H.R.2807 — 105th Congress (1997-1998)All Information (Except Text)

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Public Law No: 105-312 (10/30/1998)

 
[105th Congress Public Law 312]
[From the U.S. Government Printing Office]


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[DOCID: f:publ312.105]


[[Page 2955]]

                      MIGRATORY BIRD TREATY REFORM

[[Page 112 STAT. 2956]]

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. <<NOTE: Oct. 30, 1998 -  [H.R. 2807]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

TITLE I--MIGRATORY <<NOTE: Migratory Bird Treaty Reform Act of 1998.>>  
BIRD TREATY REFORM

SEC. 101. SHORT <<NOTE: 16 USC 710 note.>>  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. <<NOTE: Deadline. 16 USC 704 note.>>  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

[[Page 112 STAT. 2957]]

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 <<NOTE: National Wildlife Refuge System Improvement 
Act of 1998.>>  WILDLIFE REFUGE SYSTEM IMPROVEMENT

SEC. 201. SHORT <<NOTE: 16 USC 668dd note.>>  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 <<NOTE: 16 USC 722 note.>>  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

[[Page 112 STAT. 2958]]

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 <<NOTE: Wetlands and Wildlife Enhancement Act of 
1998.>>  AND WILDLIFE ENHANCEMENT

SEC. 301. SHORT <<NOTE: 16 USC 4401 note.>>  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 <<NOTE: 16 USC 4403 note.>>  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 <<NOTE: Federal Register, 
publication. Notice.>> Policy.--Not later than June 30, 1999, the 
Secretary of the Interior shall publish in the Federal Register,

[[Page 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 Wetlands 
Conservation Act (16 U.S.C. 4403(a)(1)(D)).

 TITLE IV--RHINOCEROS <<NOTE: Rhinoceros and Tiger Conservation Act of 
1998.>>  AND TIGER CONSERVATION

SEC. 401. SHORT <<NOTE: 16 USC 5301 note.>>  TITLE.

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

SEC. 402. <<NOTE: 16 USC 5301 note.>>  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:

[[Page 112 STAT. 2960]]

            ``(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 <<NOTE: 16 USC 5306.>>  as 
        section 9; and
            (2) by inserting after section 6 the following:

``SEC. 7. PROHIBITION <<NOTE: 16 USC 5305a.>>  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)).

[[Page 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 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. <<NOTE: 16 USC 5305b.>>  EDUCATIONAL OUTREACH PROGRAM.

    ``(a) In <<NOTE: Deadline.>>  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 <<NOTE: Chesapeake Bay Initiative Act of 1998.>>  
BAY INITIATIVE

SEC. 501. SHORT <<NOTE: 16 USC 461 note.>>  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.--

[[Page 112 STAT. 2962]]

            (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 <<NOTE: Establishment.>>  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.

[[Page 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.

LEGISLATIVE HISTORY--H.R. 2807 (H.R. 2863) (S. 361):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 105-495 (Comm. on Resources) and 105-542 
accompanying H.R. 2863 (Comm. on Resources).
SENATE REPORTS: Nos. 105-366 accompanying H.R. 2863 and 105-282 
accompanying 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.

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