105TH CONGRESS

2D SESSION S. 1677

AMENDMENTS
In the House of Representatives, U. S.,

October 10, 1998.

Resolved, That the bill from the Senate (S. 1677) entitled ‘‘An Act to reauthorize the North American Wetlands

Conservation Act and the Partnerships for Wildlife Act’’, do

pass with the following

AMENDMENTS:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Wetlands and Wildlife

3 Enhancement Act of 1998’’.

4 SEC. 2. REAUTHORIZATION OF NORTH AMERICAN

5 WETLANDS CONSERVATION ACT.

6 Section 7(c) of the North American Wetlands Con7 servation Act (16 U.S.C. 4406(c)) is amended by striking

8 ‘‘not to exceed’’ and all that follows and inserting ‘‘not to

9 exceed $30,000,000 for each of fiscal years 1999 through

10 2003.’’.

11 SEC. 3. REAUTHORIZATION OF PARTNERSHIPS FOR

12 WILDLIFE ACT.

13 Section 7105(h) of the Partnerships for Wildlife Act

14 (16 U.S.C. 3744(h)) is amended by striking ‘‘for each of
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1 fiscal years’’ and all that follows and inserting ‘‘not to ex2 ceed $6,250,000 for each of fiscal years 1999 through

3 2003.’’.

4 SEC. 4. MEMBERSHIP OF THE NORTH AMERICAN WETLANDS

5 CONSERVATION COUNCIL.

6 (a) IN GENERAL.—Notwithstanding section 4(a)(1)(D)

7 of the North American Wetlands Conservation Act (16

8 U.S.C. 4403(a)(1)(D)), during the period of 1999 through

9 2002, the membership of the North American Wetlands Con10 servation Council under section 4(a)(1)(D) of that Act shall

11 consist of—

12 (1) 1 individual who shall be the Group Man13 ager for Conservation Programs of Ducks Unlimited,

14 Inc., and who shall serve for 1 term of 3 years begin15 ning in 1999; and

16 (2) 2 individuals who shall be appointed by the

17 Secretary of the Interior in accordance with section

18 4 of that Act and who shall represent an organization

19 described in section 4(a)(1)(D) of that Act.

20 (b) PUBLICATION OF POLICY.—Not later than June 30,

21 1999, the Secretary of the Interior shall publish in the Fed22 eral Register, after notice and opportunity for public com23 ment, a policy for making appointments under section

24 4(a)(1)(D) of the North American Wetlands Conservation

25 Act (16 U.S.C. 4403(a)(1)(D)).
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1 SEC. 5. MIGRATORY BIRD TREATY ACT AMENDMENTS.

2 (a) ELIMINATING STRICT LIABILITY FOR BAITING.—

3 Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704)

4 is amended—

5 (1) by inserting ‘‘(a)’’ after ‘‘SEC. 3.’’; and

6 (2) by adding at the end the following:

7 ‘‘(b) It shall be unlawful for any person to—

8 ‘‘(1) take any migratory game bird by the aid of

9 baiting, or on or over any baited area, if the person

10 knows or reasonably should know that the area is a

11 baited area; or

12 ‘‘(2) place or direct the placement of bait on or

13 adjacent to an area for the purpose of causing, induc14 ing, or allowing any person to take or attempt to take

15 any migratory game bird by the aid of baiting on or

16 over the baited area.’’.

17 (b) CRIMINAL PENALTIES.—Section 6 of the Migratory

18 Bird Treaty Act (16 U.S.C. 707) is amended—

19 (1) in subsection (a), by striking ‘‘$500’’ and in20 serting ‘‘$15,000’’; and

21 (2) by redesignating subsection (c) as subsection

22 (d); and

23 (3) by inserting after subsection (b) the follow24 ing:
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1 ‘‘(c) Whoever violates section 3(b)(2) shall be fined

2 under title 18, United States Code, imprisoned not more

3 than 1 year, or both.’’.

4 (c) STUDY ON EFFECT ON MIGRATORY BIRD CON5 SERVATION AND LAW ENFORCEMENT EFFORTS.—

6 (1) STUDY.—The Secretary of the Interior shall

7 conduct a study of the effect of the amendments made

8 by this section on migratory bird conservation and

9 law enforcement efforts under the Migratory Bird

10 Treaty Act (16 U.S.C. 701 et seq.).

11 (2) REPORT.—Not later than 5 years after the

12 date of enactment of this Act, the Secretary of the In13 terior shall submit to the Congress a report on the re14 sults of the study under paragraph (1).

15 SEC. 6. REAUTHORIZATION AND AMENDMENT OF RHINOC16 EROS AND TIGER CONSERVATION ACT OF

17 1994.

18 (a) PURPOSES OF THE ACT.—Section 3 of the Rhinoc19 eros and Tiger Conservation Act of 1994 (16 U.S.C. 5302)

20 is amended by adding at the end the following:

21 ‘‘(3) To prohibit the sale, importation, and ex22 portation of products intended for human consump23 tion or application containing, or labeled or adver24 tised as containing, any substance derived from any

25 species of rhinoceros or tiger.’’.
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1 (b) DEFINITION OF PERSON.—Section 4 of the Rhinoc2 eros and Tiger Conservation Act of 1994 (16 U.S.C. 5303)

3 is amended—

4 (1) in paragraph (4), by striking ‘‘and’’ at the

5 end;

6 (2) in paragraph (5), by striking the period at

7 the end and inserting ‘‘; and’’; and

8 (3) by adding at the end the following:

9 ‘‘(6) ‘person’ means—

10 ‘‘(A) an individual, corporation, partner11 ship, trust, association, or other private entity;

12 ‘‘(B) an officer, employee, agent, depart13 ment, or instrumentality of—

14 ‘‘(i) the Federal Government;

15 ‘‘(ii) any State, municipality, or polit16 ical subdivision of a State; or

17 ‘‘(iii) any foreign government;

18 ‘‘(C) a State, municipality, or political sub19 division of a State; or

20 ‘‘(D) any other entity subject to the juris21 diction of the United States.’’.

22 (c) PROHIBITION ON SALE, IMPORTATION, OR EXPOR23 TATION OF PRODUCTS LABELED AS RHINOCEROS OR TIGER

24 PRODUCTS.—The Rhinoceros and Tiger Conservation Act

25 of 1994 (16 U.S.C. 5301 et seq.) is amended—
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1 (1) by redesignating section 7 as section 9; and

2 (2) by inserting after section 6 the following:

3 ‘‘SEC. 7. PROHIBITION ON SALE, IMPORTATION, OR EXPOR4 TATION OF PRODUCTS LABELED AS RHINOC5 EROS OR TIGER PRODUCTS.

6 ‘‘(a) PROHIBITION.—A person shall not sell, import,

7 or export, or attempt to sell, import, or export, any product,

8 item, or substance intended for human consumption or ap9 plication containing, or labeled or advertised as containing,

10 any substance derived from any species of rhinoceros or

11 tiger.

12 ‘‘(b) PENALTIES.—

13 ‘‘(1) CRIMINAL PENALTY.—A person engaged in

14 business as an importer, exporter, or distributor that

15 knowingly violates subsection (a) shall be fined under

16 title 18, United States Code, imprisoned not more

17 than 6 months, or both.

18 ‘‘(2) CIVIL PENALTIES.—

19 ‘‘(A) IN GENERAL.—A person that know20 ingly violates subsection (a), and a person en21 gaged in business as an importer, exporter, or

22 distributor that violates subsection (a), may be

23 assessed a civil penalty by the Secretary of not

24 more than $12,000 for each violation.
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1 ‘‘(B) MANNER OF ASSESSMENT AND COL2 LECTION.—A civil penalty under this paragraph

3 shall be assessed, and may be collected, in the

4 manner in which a civil penalty under the En5 dangered Species Act of 1973 may be assessed

6 and collected under section 11(a) of that Act (16

7 U.S.C. 1540(a)).

8 ‘‘(c) PRODUCTS, ITEMS, AND SUBSTANCES.—Any

9 product, item, or substance sold, imported, or exported, or

10 attempted to be sold, imported, or exported, in violation of

11 this section or any regulation issued under this section shall

12 be subject to seizure and forfeiture to the United States.

13 ‘‘(d) REGULATIONS.—After consultation with the Sec14 retary of the Treasury, the Secretary of Health and Human

15 Services, and the United States Trade Representative, the

16 Secretary shall issue such regulations as are appropriate

17 to carry out this section.

18 ‘‘(e) ENFORCEMENT.—The Secretary, the Secretary of

19 the Treasury, and the Secretary of the department in which

20 the Coast Guard is operating shall enforce this section in

21 the manner in which the Secretaries carry out enforcement

22 activities under section 11(e) of the Endangered Species Act

23 of 1973 (16 U.S.C. 1540(e)).

24 ‘‘(f) USE OF PENALTY AMOUNTS.—Amounts received

25 as penalties, fines, or forfeiture of property under this sec-
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1 tion shall be used in accordance with section 6(d) of the

2 Lacey Act Amendments of 1981 (16 U.S.C. 3375(d)).’’.

3 (d) EDUCATIONAL OUTREACH PROGRAM.—The Rhi4 noceros and Tiger Conservation Act of 1994 (16 U.S.C.

5 5301 et seq.), as amended by subsection (c), is further

6 amended by inserting after section 7 the following:

7 ‘‘SEC. 8. EDUCATIONAL OUTREACH PROGRAM.

8 ‘‘(a) IN GENERAL.—Not later than 180 days after the

9 date of enactment of this section, the Secretary shall develop

10 and implement an educational outreach program in the

11 United States for the conservation of rhinoceros and tiger

12 species.

13 ‘‘(b) GUIDELINES.—The Secretary shall publish in the

14 Federal Register guidelines for the program.

15 ‘‘(c) CONTENTS.—Under the program, the Secretary

16 shall publish and disseminate information regarding—

17 ‘‘(1) laws protecting rhinoceros and tiger species,

18 in particular laws prohibiting trade in products con19 taining, or labeled as containing, their parts;

20 ‘‘(2) use of traditional medicines that contain

21 parts or products of rhinoceros and tiger species,

22 health risks associated with their use, and available

23 alternatives to the medicines; and

24 ‘‘(3) the status of rhinoceros and tiger species

25 and the reasons for protecting the species.’’.
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1 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 9

2 of the Rhinoceros and Tiger Conservation Act of 1994 (16

3 U.S.C. 5306), as redesignated by subsection (c) of this sec4 tion, is amended by striking ‘‘1996, 1997, 1998, 1999, and

5 2000’’ and inserting ‘‘1996 through 2002’’.

6 SEC. 7. UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE

7 AND FISH REFUGE.

8 (a) IN GENERAL.—In accordance with section 4(a)(5)

9 of the National Wildlife Refuge System Administration Act

10 of 1966 (16 U.S.C. 668dd(a)(5)), there are transferred to

11 the Corps of Engineers, without reimbursement, approxi12 mately 37.36 acres of land of the Upper Mississippi River

13 Wildlife and Fish Refuge in the State of Minnesota, as des14 ignated on the map entitled ‘‘Upper Mississippi National

15 Wildlife and Fish Refuge lands transferred to Corps of En16 gineers’’, dated January 1998, and available, with accom17 panying legal descriptions of the land, for inspection in ap18 propriate offices of the United States Fish and Wildlife

19 Service.

20 (b) CONFORMING AMENDMENTS.—The first section and

21 section 2 of the Upper Mississippi River Wild Life and Fish

22 Refuge Act (16 U.S.C. 721, 722) are amended by striking

23 ‘‘Upper Mississippi River Wild Life and Fish Refuge’’ each

24 place it appears and inserting ‘‘Upper Mississippi River

25 National Wildlife and Fish Refuge’’.
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1 SEC. 8. KILLCOHOOK COORDINATION AREA.

2 (a) IN GENERAL.—In accordance with section 4(a)(5)

3 of the National Wildlife Refuge System Administration Act

4 of 1966 (16 U.S.C. 668dd(a)(5)), the jurisdiction of the

5 United States Fish and Wildlife Service over approximately

6 1,439.26 acres of land in the States of New Jersey and Dela7 ware, known as the ‘‘Killcohook Coordination Area’’, as es8 tablished by Executive Order No. 6582, issued February 3,

9 1934, and Executive Order No. 8648, issued January 23,

10 1941, is terminated.

11 (b) EXECUTIVE ORDERS.—Executive Order No. 6582,

12 issued February 3, 1934, and Executive Order No. 8648,

13 issued January 23, 1941, are revoked.

14 SEC. 9. LAKE ELSIE NATIONAL WILDLIFE REFUGE.

15 (a) IN GENERAL.—In accordance with section 4(a)(5)

16 of the National Wildlife Refuge System Administration Act

17 of 1966 (16 U.S.C. 668dd(a)(5)), the jurisdiction of the

18 United States Fish and Wildlife Service over approximately

19 634.7 acres of land and water in Richland County, North

20 Dakota, known as the ‘‘Lake Elsie National Wildlife Ref21 uge’’, as established by Executive Order No. 8152, issued

22 June 12, 1939, is terminated.

23 (b) EXECUTIVE ORDER.—Executive Order No. 8152,

24 issued June 12, 1939, is revoked.
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1 SEC. 10. KLAMATH FOREST NATIONAL WILDLIFE REFUGE.

2 Section 28 of the Act of August 13, 1954 (25 U.S.C.

3 564w–1), is amended in subsections (f) and (g) by striking

4 ‘‘Klamath Forest National Wildlife Refuge’’ each place it

5 appears and inserting ‘‘Klamath Marsh National Wildlife

6 Refuge’’.

7 SEC. 11. VIOLATION OF NATIONAL WILDLIFE REFUGE SYS8 TEM ADMINISTRATION ACT.

9 Section 4 of the National Wildlife Refuge System Ad10 ministration Act of 1966 (16 U.S.C. 668dd) is amended—

11 (1) in the first sentence of subsection (c), by

12 striking ‘‘knowingly’’; and

13 (2) in subsection (f)—

14 (A) by striking ‘‘(f) Any’’ and inserting the

15 following:

16 ‘‘(f) PENALTIES.—

17 ‘‘(1) KNOWING VIOLATIONS.—Any’’;

18 (B) by inserting ‘‘knowingly’’ after ‘‘who’’;

19 and

20 (C) by adding at the end the following:

21 ‘‘(2) OTHER VIOLATIONS.—Any person who oth22 erwise violates or fails to comply with any of the pro23 visions of this Act (including a regulation issued

24 under this Act) shall be fined under title 18, United

25 States Code, or imprisoned not more than 180 days,

26 or both.’’.
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1 SEC. 12. USE OF PROCEEDS OF CERTAIN SALES.

2 (a) PURPOSES.—The purposes of this section are to

3 make proceeds from sales of abandoned items derived from

4 fish, wildlife, and plants available to the Service and to

5 authorize the use of those proceeds to cover costs incurred

6 in shipping, storing, and disposing of those items.

7 (b) USE OF PROCEEDS.—Section 3(c) of the Fish and

8 Wildlife Improvement Act of 1978 (16 U.S.C. 742l(c)) is

9 amended—

10 (1) by striking ‘‘Notwithstanding’’ and inserting

11 the following:

12 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

13 notwithstanding’’; and

14 (2) by adding at the end the following:

15 ‘‘(2) PROHIBITION ON SALE OF CERTAIN

16 ITEMS.—In carrying out paragraph (1), the Secretary

17 of the Interior and the Secretary of Commerce may

18 not sell any species of fish, wildlife, or plants, or de19 rivative thereof, for which the sale is prohibited by

20 another Federal law.’’.

21 ‘‘(3) USE OF REVENUES.—The Secretary of the

22 Interior and the Secretary of Commerce may each ex23 pend any revenues received from the disposal of items

24 under paragraph (1), and all sums referred to in the

25 first sentence of section 11(d) of the Endangered Spe26 cies Act of 1973 (16 U.S.C. 1540(d)) and the first
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1 sentence of section 6(d) of the Lacey Act Amendments

2 of 1981 (16 U.S.C. 3375(d))—

3 ‘‘(A) to make payments in accordance with

4 those sections; and

5 ‘‘(B) to pay costs associated with—

6 ‘‘(i) shipping items referred to in

7 paragraph (1) to and from the place of stor8 age, sale, or temporary or final disposal, in9 cluding temporary or permanent loan;

10 ‘‘(ii) storage of the items, including in11 ventory of, and security for, the items;

12 ‘‘(iii) appraisal of the items;

13 ‘‘(iv) sale or other disposal of the items

14 in accordance with applicable law, includ15 ing auctioneer commissions and related ex16 penses;

17 ‘‘(v) payment of any valid liens or

18 other encumbrances on the items and pay19 ment for other measures required to clear

20 title to the items; and

21 ‘‘(vi) in the case of the Secretary of the

22 Interior only, processing and shipping of

23 eagles and other migratory birds, and parts

24 of migratory birds, for Native American re25 ligious purposes.’’.
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Amend the title so as to read: ‘‘An Act to reauthorize the North American Wetlands Conservation Act and

the Partnerships for Wildlife Act, and for other purposes.’’.

Attest:

Clerk.