[105th Congress Public Law 312]
[From the U.S. Government Printing Office]
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[DOCID: f:publ312.105]
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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
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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):
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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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