Rhinoceros and Tiger Conservation Act of 1994

Public Law 103-391 [H.R. 4924];
October 23, 1992
Rhinoceros and Tiger Conservation Act of 1994
For Legislative History of Act, see Report for P.L. 103-391 in U.S.C.C. & A.N.
Legislative History Section.
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.
SECTION 1. SHORT TITLE.
This Act may be cited as the "Rhinoceros and Tiger Conservation Act of 1994".
SEC. 2. 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 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 U.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 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 rhinoceros 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.

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(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. PURPOSES.
The purposes of the 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. 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 to 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. 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 Secretariat, 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;
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(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 proposals 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 of 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, long-term 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. 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 deposited 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.
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(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. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriate to the Fund $10,000,000 for each fiscal years
1996, 1997, 1998, 1999, and 2000 to carry out this Act, to remain available until
expended.
Approved October 22, 1994.