II

Calendar No. 522

105TH CONGRESS

2D SESSION S. 2094

[Report No. 105–285]

To amend the Fish and Wildlife Improvement Act of 1978 to enable the

Secretary of the Interior to more effectively use the proceeds of sales

of certain items.

IN THE SENATE OF THE UNITED STATES

MAY 20, 1998

Mr. ALLARD (for himself and Mr. CHAFEE) introduced the following bill;

which was read twice and referred to the Committee on Environment and

Public Works

JULY 31, 1998

Reported by Mr. CHAFEE, with amendments

[Omit the part struck through and insert the part printed in italic]

A BILL

To amend the Fish and Wildlife Improvement Act of 1978

to enable the Secretary of the Interior to more effectively

use the proceeds of sales of certain items.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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•S 2094 RS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Fish and Wildlife Rev3 enue Enhancement Act of 1998’’.

4 SEC. 2. FINDINGS AND PURPOSES.

5 (a) FINDINGS.—Congress finds that—

6 (1) the United States Fish and Wildlife Service

7 (referred to in this Act as the ‘‘Service’’)—

8 (A) is responsible for storage and disposal

9 of items derived from fish, wildlife, and plants,

10 including eagles and eagle parts, and other

11 items that have become the property of the

12 United States through abandonment or forfeit13 ure under applicable laws relating to fish, wild14 life, or plants;

15 (B) distributes many of those items for

16 educational and scientific uses and for religious

17 purposes of Native Americans; and

18 (C) unless otherwise prohibited by law,

19 may dispose of some of those items by sale, ex20 cept items derived from endangered or threat21 ened species, marine mammals, and migratory

22 birds;

23 (2) under law in effect on the date of enact24 ment of this Act, the revenue from sale of aban25 doned items is not available to the Service, although
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1 approximately 90 percent of the items in possession

2 of the Service have been abandoned; and

3 (3) making revenue from the sale of abandoned

4 items available to the Service will enable the Serv5 ice—

6 (A) to cover costs incurred in shipping,

7 storing, and disposing of items derived from

8 fish, wildlife, and plants; and

9 (B) to make more extensive distributions

10 of those items for educational, scientific, and

11 Native American religious purposes.

12 (b) PURPOSES.—The purposes of this Act are to

13 make proceeds from sales of abandoned items derived

14 from fish, wildlife, and plants available to the Service and

15 to authorize the use of those proceeds to cover costs in16 curred in shipping, storing, and disposing of those items.

17 SEC. 3. USE OF PROCEEDS OF CERTAIN SALES.

18 Section 3(c) of the Fish and Wildlife Improvement

19 Act of 1978 (16 U.S.C. 742l(c)) is amended—

20 (1) by striking ‘‘Notwithstanding’’ and insert21 ing the following:

22 ‘‘(1) IN GENERAL.—Notwithstanding’’Subject to

23 paragraph (2), notwithstanding’’; and

24 (2) by adding at the end the following:
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•S 2094 RS

1 ‘‘(2) PROHIBITION ON SALE OF CERTAIN

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

3 of the Interior and the Secretary of Commerce may

4 not sell any species of fish, wildlife, or plants, or de5 rivative thereof, for which the sale is prohibited by

6 another Federal law.’’.

7 ‘‘(2) (3) USE OF REVENUES.—The Secretary of

8 the Interior and the Secretary of Commerce may

9 each expend any revenues received from the disposal

10 of items under paragraph (1), and all sums referred

11 to in the first sentence of section 11(d) of the En12 dangered Species Act of 1973 (16 U.S.C. 1540(d))

13 and the first sentence of section 6(d) of the Lacey

14 Act Amendments of 1981 (16 U.S.C. 3375(d))—

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

16 those sections; and

17 ‘‘(B) to pay costs associated with—

18 ‘‘(i) shipping items referred to in

19 paragraph (1) to and from the place of

20 storage, sale, or temporary or final dis21 posal, including temporary or permanent

22 loan;

23 ‘‘(ii) storage of the items, including

24 inventory of, and security for, the items;

25 ‘‘(iii) appraisal of the items;
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1 ‘‘(iv) sale or other disposal of the

2 items in accordance with applicable law, in3 cluding auctioneer commissions and related

4 expenses;

5 ‘‘(v) payment of any valid liens or

6 other encumbrances on the items and pay7 ment for other measures required to clear

8 title to the items; and

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

10 the Interior only, processing and shipping

11 of eagles and other migratory birds, and

12 parts of migratory birds, for Native Amer13 ican religious purposes.’’.

Calendar No. 522

105TH CONGRESS

2D SESSION S. 2094

[Report No. 105–285]

A BILL

To amend the Fish and Wildlife Improvement Act

certain items.to more effectively use the proceeds of sales ofof 1978 to enable the Secretary of the Interior

JULY 31, 1998

Reported with amendments