105TH CONGRESS

2D SESSION S. 2094

AN ACT

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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Fish and Wildlife Rev5 enue Enhancement Act of 1998’’.
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1 SEC. 2. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—Congress finds that—

3 (1) the United States Fish and Wildlife Service

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

5 (A) is responsible for storage and disposal

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

7 including eagles and eagle parts, and other

8 items that have become the property of the

9 United States through abandonment or forfeit10 ure under applicable laws relating to fish, wild11 life, or plants;

12 (B) distributes many of those items for

13 educational and scientific uses and for religious

14 purposes of Native Americans; and

15 (C) unless otherwise prohibited by law,

16 may dispose of some of those items by sale, ex17 cept items derived from endangered or threat18 ened species, marine mammals, and migratory

19 birds;

20 (2) under law in effect on the date of enact21 ment of this Act, the revenue from sale of aban22 doned items is not available to the Service, although

23 approximately 90 percent of the items in possession

24 of the Service have been abandoned; and
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1 (3) making revenue from the sale of abandoned

2 items available to the Service will enable the Serv3 ice—

4 (A) to cover costs incurred in shipping,

5 storing, and disposing of items derived from

6 fish, wildlife, and plants; and

7 (B) to make more extensive distributions

8 of those items for educational, scientific, and

9 Native American religious purposes.

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

11 make proceeds from sales of abandoned items derived

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

13 to authorize the use of those proceeds to cover costs in14 curred in shipping, storing, and disposing of those items.

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

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

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

18 (1) by striking ‘‘Notwithstanding’’ and insert19 ing the following:

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

21 notwithstanding’’; and

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

23 ‘‘(2) PROHIBITION ON SALE OF CERTAIN

24 ITEMS.—In carrying out paragraph (1), the Sec25 retary of the Interior and the Secretary of Com-
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1 merce may not sell any species of fish, wildlife, or

2 plant, or derivative thereof, for which the sale is pro3 hibited by another Federal law.

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

5 Interior and the Secretary of Commerce may each

6 expend any revenues received from the disposal of

7 items under paragraph (1), and all sums referred to

8 in the first sentence of section 11(d) of the Endan9 gered Species Act of 1973 (16 U.S.C. 1540(d)) and

10 the first sentence of section 6(d) of the Lacey Act

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

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

13 those sections; and

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

15 ‘‘(i) shipping items referred to in

16 paragraph (1) to and from the place of

17 storage, sale, or temporary or final dis18 posal, including temporary or permanent

19 loan;

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

21 inventory of, and security for, the items;

22 ‘‘(iii) appraisal of the items;

23 ‘‘(iv) sale or other disposal of the

24 items in accordance with applicable law, in-
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1 cluding auctioneer commissions and related

2 expenses;

3 ‘‘(v) payment of any valid liens or

4 other encumbrances on the items and pay5 ment for other measures required to clear

6 title to the items; and

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

8 the Interior only, processing and shipping

9 of eagles and other migratory birds, and

10 parts of migratory birds, for Native Amer11 ican religious purposes.’’.

Passed the Senate September 11, 1998.

Attest:

Secretary.
105TH CONGRESS

2D SESSION S. 2094

AN ACT

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