II
108th CONGRESS
2d Session
S. 2889
IN THE SENATE OF THE UNITED STATES
October 5, 2004
Mr. Alexander (for himself and Ms. Landrieu) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs
A BILL
To require the Secretary of the Treasury to mint coins celebrating the recovery and restoration of the American bald eagle, the national symbol of the United States, to America’s lands, waterways, and skies and the great importance of the designation of the American bald eagle as an endangered species under the Endangered Species Act of 1973, and for other purposes.
Short title
This Act may be cited as the
American Bald Eagle Recovery and
National Emblem Commemorative Coin Act
.
Findings
The Congress finds as follows:
The bald eagle was designated as the national emblem of the United States on June 20, 1782, by our country’s Founding Fathers at the Second Continental Congress.
The bald eagle is the greatest visible symbol of the spirit of freedom and democracy in the world.
The bald eagle species is unique to North America and represents the American values and attributes of freedom, courage, strength, spirit, loyalty, justice, equality, democracy, quality, and excellence.
The bald eagle is the central image used in the Great Seal of the United States and the seal of many branches and departments of the United States Government, including the President and the Vice President of the United States, the United States Congress, the Department of Defense, the Department of the Treasury, the Department of Justice, the Department of State, the Department of Commerce, the Department of Homeland Security, and the United States Postal Service.
The bald eagle’s image and symbolism have played a profound role in establishing and honoring American beliefs and traditions.
The bald eagle’s image and symbolism have influenced American art, music, history, literature, commerce, and culture since the founding of our Nation.
The bald eagle species was once threatened with possible extinction in the lower 48 States, but is now making a gradual, encouraging recovery within America’s lands, waterways, and skies.
The bald eagle was federally classified as an
endangered
species in 1973 under the
Endangered Species Act of 1973, and,
in 1995, was removed from the endangered
species list and
upgraded to the less imperiled threatened
status under such
Act.
The administration is likely to officially delist the bald eagle
from both the endangered
and threatened
species
lists under the Endangered Species Act of
1973 by no later than 2008.
The initial recovery of the bald eagle population in the United States was accomplished by the vigilant efforts of numerous caring agencies, corporations, organizations, and citizens.
The continued caring and concern of the American people and the further restoration and protection of the bald eagle and its habitat are necessary to guarantee the full recovery and survival of this precious national treasure for future generations.
Since the Endangered Species Act of 1973 requires that delisted species be administratively monitored for a 5-year period, the bald eagle nests in 49 States will require continual monitoring after the bald eagle is removed from the protection of such Act; and such efforts will require substantial funding to the Federal and State agencies and private organizations that will conduct such monitoring.
Due to Federal and State budget cutting and balancing trends, funding for on-going bald eagle care, restoration, monitoring, protection, and enhancement programs has diminished annually.
In anticipation of the nationwide observance of the official
removal, by 2008, of the bald eagle from the threatened
species
list under the Endangered Species Act of
1973, and the 35th anniversary, in 2008, of the
Endangered Species Act of 1973 and the
designation of the bald eagle as an endangered
species under
such Act, Congress wishes to offer the opportunity for all persons to
voluntarily participate in raising funds for future bald eagle recovery,
monitoring, and preservation efforts and to contribute to a special American
Eagle Fund endowment managed by the not-for-profit American Eagle Foundation of
Tennessee in the United States, in cooperation with fund management
experts.
It is appropriate for Congress to authorize coins—
celebrating the recovery and restoration of the bald eagle, the living symbol of freedom in the United States, to America’s lands, waterways, and skies;
commemorating the removal of the bald eagle from the
endangered
and threatened
species lists under the
Endangered Species Act of 1973;
and
commemorating the 35th anniversary of the enactment of the
Endangered Species Act of 1973 and the
designation of the bald eagle as an endangered
species under
such Act.
Coin specifications
Denominations
In celebration of the recovery of the bald eagle, the national
living symbol of freedom, to America’s lands, waterways, and skies and in
commemoration of the 35th anniversary of the enactment of the
Endangered Species Act of 1973 and the
placement of the bald eagle on the endangered species list under such Act, the
Secretary of the Treasury (hereafter in this Act referred to as the
Secretary
) shall mint and issue the following coins:
$5 gold coins
Not more than 100,000 $5 coins, which shall—
weigh 8.359 grams;
have a diameter of 0.850 inches; and
contain 90 percent gold and 10 percent alloy.
$1 silver coins
Not more than 500,000 $1 coins, which shall—
weigh 26.73 grams;
have a diameter of 1.500 inches; and
contain 90 percent silver and 10 percent copper.
Half dollar clad coins
Not more than 750,000 half dollar coins which shall—
weigh 11.34 grams;
have a diameter of 1.205 inches; and
be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code.
Legal tender
The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code.
Numismatic items
For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items.
Design of coins
Design requirements
In general
The design of the coins minted under this Act shall be emblematic of the bald eagle and its history, natural biology, and national symbolism.
Designation and inscriptions
On each coin minted under this Act there shall be—
a designation of the value of the coin;
an inscription of the year 2008
; and
inscriptions of the words Liberty
, In God
We Trust
, United States of America
, and E
Pluribus Unum
.
Selection
The design for the coins minted under this Act shall be—
selected by the Secretary after consultation with the Commission of Fine Arts, and the American Eagle Foundation of Tennessee in the United States; and
reviewed by the Citizens Coinage Advisory Committee.
Issuance of coins
Quality of coins
Coins minted under this Act shall be issued in uncirculated and proof qualities.
Mint facility
Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act.
Period for issuance
The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2008.
Sale of coins
Sale price
The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of—
the face value of the coins;
the surcharge provided in section 7(a) with respect to such coins; and
the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping).
Bulk sales
The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount.
Prepaid orders
In general
The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins.
Discount
Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount.
Surcharges
In general
All sales of coins minted under this Act shall include a surcharge as follows:
A surcharge of $35 per coin for the $5 coin.
A surcharge of $10 per coin for the $1 coin.
A surcharge of $3 per coin for the half dollar coin.
Distribution
Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the American Eagle Foundation of Tennessee in the United States for use solely for the following purposes:
To establish an interest-bearing endowment called the
American Eagle Fund
as a permanent source of support for the
care, monitoring, maintenance, and recovery of the bald eagle and its habitat
in the United States, including the following:
Public education activities and events.
Habitat purchases and cooperative land agreements.
Raptor rehabilitation and captive breeding and hacking.
Behavior and migration research and wintering migration counts.
Facilitate the enforcement of laws protecting the bald eagle.
Nest-watch monitoring and eaglet banding.
Public viewing areas and visitor centers.
To make annual grants, in an amount not to exceed 10 percent of the annual income of the American Eagle Fund, to Federal, State, and private eagle restoration, protection, and enhancement projects within the 5 bald eagle recovery regions established by the United States Fish and Wildlife Service, in accordance with recommendations made by an advisory committee of recognized eagle experts which the Foundation shall establish.
To administer the American Eagle Fund, including contracting for necessary services, in an annual amount not to exceed the lesser of—
10 percent of the annual income of the American Eagle Fund; or
$250,000.
To provide financial support for capital projects related to the restoration and protection of bald eagles in Tennessee and in the United States, in general.
To provide financial support for the continuation and expansion of the efforts of the American Eagle Foundation of Tennessee in the United States to educate the American people nationally about the livelihood, symbolism, and protection of the bald eagle, the national symbol of the United States, through the dissemination of information regarding bald eagles and their habitat at special events and through the media (including newspapers, magazines, radio, television, the Internet, and billboards).
Audits
The American Eagle Foundation of Tennessee in the United States and the American Eagle Fund shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Foundation or the Fund under subsection (b).