16 U.S.C. § 5304 — Rhinoceros and tiger conservation assist-

Page 2541 TITLE 16—CONSERVATION § 5304 1 So in original. parts, and the need to conserve rhinoceros and tiger species generally.’’ § 5302. Purposes The purposes of this chapter are the following: (1) To assist in the conservation of rhinoc- eros and tigers by supporting the conservation programs of nations whose activities directly or indirectly affect rhinoceros and tiger popu- lations, and the CITES Secretariat. (2) To provide financial resources for those programs. (3) To prohibit the sale, importation, and ex- portation of products intended for human con- sumption or application containing, or labeled or advertised as containing, any substance de- rived from any species of rhinoceros or tiger. (Pub. L. 103–391, § 3, Oct. 22, 1994, 108 Stat. 4095; Pub. L. 105–312, title IV, § 403, Oct. 30, 1998, 112 Stat. 2959.) Editorial Notes AMENDMENTS 1998—Par. (3). Pub. L. 105–312 added par. (3). § 5303. Definitions In this chapter— (1) ‘‘CITES’’ means the Convention on Inter- national 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 re- source management, such as research, census, law enforcement, habitat protection, acquisi- tion, and management, propagation, live trap- ping, and transportation; (3) ‘‘Fund’’ means the the 1 account estab- lished by division A, section 101(e), title I of Public Law 105–277 under the heading ‘‘MULTI- NATIONAL SPECIES CONSERVATION FUND’’ [16 U.S.C. 4246]; (4) ‘‘Secretary’’ means the Secretary of the Interior; (5) ‘‘Administrator’’ means the Adminis- trator of the Agency for International Devel- opment; and (6) ‘‘person’’ means— (A) an individual, corporation, partner- ship, trust, association, or other private en- tity; (B) an officer, employee, agent, depart- ment, 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 sub- division of a State; or (D) any other entity subject to the juris- diction of the United States. (Pub. L. 103–391, § 4, Oct. 22, 1994, 108 Stat. 4095; Pub. L. 105–312, title IV, § 404, Oct. 30, 1998, 112 Stat. 2960; Pub. L. 107–112, § 6(a)(1), Jan. 8, 2002, 115 Stat. 2098.) Editorial Notes REFERENCES IN TEXT Division A, section 101(e), title I of Public Law 105–277, referred to in par. (3), is Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–232. Provisions under the heading ‘‘MULTINATIONAL SPECIES CONSERVATION FUND’’ in Pub. L. 105–277, § 101(e) [title I] appear at 112 Stat. 2681–237, and are classified in part to section 4246 of this title. AMENDMENTS 2002—Par. (3). Pub. L. 107–112 substituted ‘‘the ac- count established by division A, section 101(e), title I of Public Law 105–277 under the heading ‘MULTINATIONAL SPECIES CONSERVATION FUND’ ’’ for ‘‘Rhinoceros and Tiger Conservation Fund established under section 5305(a) of this title’’. 1998—Par. (6). Pub. L. 105–312 added par. (6). § 5304. Rhinoceros and tiger conservation assist- ance (a) In general The Secretary, subject to the availability of appropriations and in consultation with the Ad- ministrator, 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 indi- rectly 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 con- ducting the project; (2) state the purposes of the project suc- cinctly; (3) describe the qualifications of the individ- uals 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 coun- tries 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 Sec- retary considers to be necessary for evaluating the eligibility of the project for funding under this chapter. (c) Project review and approval Within 30 days of receiving a final project pro- posal, the Secretary shall provide a copy of the proposal to the Administrator. The Secretary shall review each final project proposal to deter- mine if it meets the criteria set forth in sub- section (d). Not later than 6 months after receiv- ing a final project proposal, and subject to the availability of funds, the Secretary, after con- sulting with the Administrator, shall approve or disapprove the proposal and provide written no- tification to the person who submitted the pro- posal and to the Administrator. (d) Criteria for approval The Secretary may approve a project under this section if the project will enhance programs Page 2542 TITLE 16—CONSERVATION § 5305 for conservation of rhinoceros or tigers by as- sisting efforts to— (1) implement conservation programs; (2) enhance compliance with provisions of CITES and laws of the United States or a for- eign country that prohibit or regulate the tak- ing 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, in deter- mining whether to approve project proposals under this section, the Secretary shall give con- sideration to projects which will enhance sus- tainable conservation programs to ensure effec- tive 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 re- port shall include all information requested by the Secretary, after consulting with the Admin- istrator, for evaluating the progress and success of the project. (g) Multiyear grants (1) Authorization The Secretary may award to a person who is otherwise eligible for a grant under this sec- tion a multiyear grant of up to 5 years to carry out a project that the person dem- onstrates is an effective, long-term conserva- tion strategy for rhinoceroses or tigers and the habitat of rhinoceroses or tigers. (2) Effect Nothing in this subsection precludes the Secretary from awarding a grant on an annual basis. (Pub. L. 103–391, § 5, Oct. 22, 1994, 108 Stat. 4095; Pub. L. 107–112, § 5, Jan. 8, 2002, 115 Stat. 2098; Pub. L. 110–132, § 3(a), Dec. 6, 2007, 121 Stat. 1360; Pub. L. 118–159, div. E, title LIII, § 5305(a), Dec. 23, 2024, 138 Stat. 2445.) Editorial Notes AMENDMENTS 2024—Subsec. (g). Pub. L. 118–159 added subsec. (g). 2007—Subsec. (c). Pub. L. 110–132 substituted ‘‘and to the Administrator’’ for ‘‘, to the Administrator, and to each country within which the project is to be con- ducted’’ in third sentence. 2002—Subsec. (e). Pub. L. 107–112 amended heading and text generally. Prior to amendment, text read as follows: ‘‘To the maximum extent practical, the Sec- retary should give consideration to projects which will enhance sustainable development programs to ensure effective, long-term conservation of rhinoceros and ti- gers.’’ § 5305. Acceptance and use of donations The Secretary may accept and use donations to provide assistance under section 5304 of this title. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit into the Fund. (Pub. L. 103–391, § 6, Oct. 22, 1994, 108 Stat. 4096; Pub. L. 107–112, § 6(a)(2), Jan. 8, 2002, 115 Stat. 2098.) Editorial Notes AMENDMENTS 2002—Pub. L. 107–112 redesignated heading and text of subsec. (d) as entire section and struck out former sec- tion catchline and headings and text of subsecs. (a) to (c). Prior to amendment, text of subsecs. (a) to (c) re- lated to establishment in the Treasury of the Rhinoc- eros and Tiger Conservation Fund, consisting of amounts deposited by the Secretary of the Treasury from donations and appropriated funds, to be used to provide assistance under section 5304 of this title, with not more than three percent of appropriated funds per fiscal year used to administer the Fund. § 5305a. Prohibition on sale, importation, or ex- portation 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 consump- tion or application containing, or labeled or ad- vertised 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 vio- lates subsection (a) shall be fined under title 18, imprisoned not more than 6 months, or both. (2) Civil penalties (A) In general A person that knowingly violates sub- section (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 [16 U.S.C. 1531 et seq.] 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, im- ported, or exported, or attempted to be sold, im- ported, 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 Rep- resentative, the Secretary shall issue such regu- lations as are appropriate to carry out this sec- tion.