Fish and Wildlife Revenue Enhancement Act of 1998
PL 105-328 (S.2094), enacted 10/30/1998

PUBLIC LAW 105-328—OCT. 30, 1998 
112 STAT. 3057 
Public Law 105-328 
105th Congress 
An Act 
To amend the Fish and Wildhfe Improvement Act of 1978 to enable the Secretary 
Oct. 30, 1998 
of the Interior to more effectively use the proceeds of sales of certain items. 
[S 2094] 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
Fish and Wildlife 
Revenue 
SECTION 1. SHORT TITLE. 
Enhancement 
Act of 1998 
This Act may be cited as the "Fish and Wildhfe Revenue i6USC742a 
Enhancement Act of 1998". 
note. 
SEC. 2. FINDINGS AND PURPOSES. 
16 USC 742/ 
(a) FINDINGS.—Congress finds that— 
°°'^' 
(1) the United States Fish and Wildlife Service (referred 
to in this Act as the "Service")— 
(A) is responsible for storage and disposal of items 
derived from fish, wildlife, and plants, including eagles 
and eagle parts, and other items that have become the 
property of the United States through abandonment or 
forfeiture under applicable laws relating to fish, wildlife, 
or plants; 
(B) distributes many of those items for educational 
and scientific uses and for religious purposes of Native 
Americans; and 
(C) unless otherwise prohibited by law, may dispose 
of some of those items by sale, except items derived from 
endangered or threatened species, marine mammals, and 
migratory birds; 
(2) under law in effect on the date of enactment of this 
Act, the revenue from sale of abandoned items is not available 
to the Service, although approximately 90 percent of the items 
in possession of the Service have been abandoned; and 
(3) making revenue from the sale of abandoned items avail-
able to the Service will enable the Service— 
(A) to cover costs incurred in shipping, storing, and 
disposing of items derived from fish, wildlife, and plants; 
and 
(B) to make more extensive distributions of those items 
for educational, scientific, and Native American religious 
purposes. 
(b) PURPOSES.—^The purposes of this Act are to make proceeds 
from sales of abandoned items derived from fish, wildlife, and 
plants available to the Service and to authorize the use of those 
proceeds to cover costs incurred in shipping, storing, and disposing 
of those items. 
112 STAT. 3058 
PUBLIC LAW 105-328—OCT. 30, 1998 
SEC. 3. USE OF PROCEEDS OF CERTAIN SALES. 
Section 3(c) of the Fish and Wildlife Improvement Act of 1978 
(16 U.S.C. 7421(c)) is amended— 
(1) by striking "Notwithstanding" and inserting the follow-
ing: 
"(1) IN GENERAL.—Subject to paragraph (2), notwithstand-
ing"; and 
(2) by adding at the end the following: 
"(2) PROHIBITION ON SALE OF CERTAIN ITEMS.—In carrying 
out paragraph (1), the Secretary of the Interior and the Sec-
retary of Commerce may not sell any species of fish, wildlife, 
or plant, or derivative thereof, for which the sale is prohibited 
by another Federal law. 
"(3) USE OF REVENUES.—The Secretary of the Interior and 
the Secretary of Commerce may each expend any revenues 
received from the disposal of items under paragraph (1), and 
all sums referred to in the first sentence of section 11(d) of 
the Endangered Species Act of 1973 (16 U.S.C. 1540(d)) and 
the first sentence of section 6(d) of the Lacey Act Amendments 
of 1981 (16 U.S.C. 3375(d))— 
"(A) to make payments in accordance with those sec-
tions; and 
"(B) to pay costs associated with— 
"(i) shipping items referred to in paragraph (1) 
to and from the place of storage, sale, or temporary 
or final disposal, including temporary or permanent 
loan; 
"(ii) storage of the items, including inventory of, 
and security for, the items; 
"(iii) appraisal of the items; 
"(iv) sale or other disposal of the items in accord-
ance with applicable law, including auctioneer commis-
sions and related expenses; 
"(v) payment of any valid liens or other encum-
brances on the items and payment for other measures 
required to clear title to the items; and 
PUBLIC LAW 105-328—OCT. 30, 1998 
112 STAT. 3059 
"(vi) in the case of the Secretary of the Interior 
only, processing and shipping of eagles and other 
migratory birds, and parts of migratory birds, for 
Native American religious purposes.". 
Approved October 30, 1998. 
LEGISLATIVE HISTORY—S. 2094: 
SENATE REPORTS: No. 105-285 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
Sept. 11, considered and passed Senate. 
Oct. 9, considered and passed House.