[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1677 Engrossed Amendment House (EAH)]


  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:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wetlands and Wildlife Enhancement 
Act of 1998''.

SEC. 2. REAUTHORIZATION OF NORTH AMERICAN WETLANDS CONSERVATION ACT.

    Section 7(c) of the North American Wetlands Conservation Act (16 
U.S.C. 4406(c)) is amended by striking ``not to exceed'' and all that 
follows and inserting ``not to exceed $30,000,000 for each of fiscal 
years 1999 through 2003.''.

SEC. 3. REAUTHORIZATION OF PARTNERSHIPS FOR WILDLIFE ACT.

    Section 7105(h) of the Partnerships for Wildlife Act (16 U.S.C. 
3744(h)) is amended by striking ``for each of fiscal years'' and all 
that follows and inserting ``not to exceed $6,250,000 for each of 
fiscal years 1999 through 2003.''.

SEC. 4. MEMBERSHIP OF THE NORTH AMERICAN WETLANDS CONSERVATION COUNCIL.

    (a) In General.--Notwithstanding section 4(a)(1)(D) of the North 
American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(D)), during 
the period of 1999 through 2002, the membership of the North American 
Wetlands Conservation Council under section 4(a)(1)(D) of that Act 
shall consist of--
            (1) 1 individual who shall be the Group Manager for 
        Conservation Programs of Ducks Unlimited, Inc., and who shall 
        serve for 1 term of 3 years beginning in 1999; and
            (2) 2 individuals who shall be appointed by the Secretary 
        of the Interior in accordance with section 4 of that Act and 
        who shall represent an organization described in section 
        4(a)(1)(D) of that Act.
    (b) Publication of Policy.--Not later than June 30, 1999, the 
Secretary of the Interior shall publish in the Federal Register, after 
notice and opportunity for public comment, a policy for making 
appointments under section 4(a)(1)(D) of the North American Wetlands 
Conservation Act (16 U.S.C. 4403(a)(1)(D)).

SEC. 5. MIGRATORY BIRD TREATY ACT AMENDMENTS.

    (a) Eliminating Strict Liability for Baiting.--Section 3 of the 
Migratory Bird Treaty Act (16 U.S.C. 704) is amended--
            (1) by inserting ``(a)'' after ``Sec. 3.''; and
            (2) by adding at the end the following:
    ``(b) It shall be unlawful for any person to--
            ``(1) take any migratory game bird by the aid of baiting, 
        or on or over any baited area, if the person knows or 
        reasonably should know that the area is a baited area; or
            ``(2) place or direct the placement of bait on or adjacent 
        to an area for the purpose of causing, inducing, or allowing 
        any person to take or attempt to take any migratory game bird 
        by the aid of baiting on or over the baited area.''.
    (b) Criminal Penalties.--Section 6 of the Migratory Bird Treaty Act 
(16 U.S.C. 707) is amended--
            (1) in subsection (a), by striking ``$500'' and inserting 
        ``$15,000''; and
            (2) by redesignating subsection (c) as subsection (d); and
            (3) by inserting after subsection (b) the following:
    ``(c) Whoever violates section 3(b)(2) shall be fined under title 
18, United States Code, imprisoned not more than 1 year, or both.''.
    (c) Study on Effect on Migratory Bird Conservation and Law 
Enforcement Efforts.--
            (1) Study.--The Secretary of the Interior shall conduct a 
        study of the effect of the amendments made by this section on 
        migratory bird conservation and law enforcement efforts under 
        the Migratory Bird Treaty Act (16 U.S.C. 701 et seq.).
            (2) Report.--Not later than 5 years after the date of 
        enactment of this Act, the Secretary of the Interior shall 
        submit to the Congress a report on the results of the study 
        under paragraph (1).

SEC. 6. REAUTHORIZATION AND AMENDMENT OF RHINOCEROS AND TIGER 
              CONSERVATION ACT OF 1994.

    (a) Purposes of the Act.--Section 3 of the Rhinoceros and Tiger 
Conservation Act of 1994 (16 U.S.C. 5302) is amended by adding at the 
end the following:
            ``(3) To prohibit the sale, importation, and exportation of 
        products intended for human consumption or application 
        containing, or labeled or advertised as containing, any 
        substance derived from any species of rhinoceros or tiger.''.
    (b) Definition of Person.--Section 4 of the Rhinoceros and Tiger 
Conservation Act of 1994 (16 U.S.C. 5303) is amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(6) `person' means--
                    ``(A) an individual, corporation, partnership, 
                trust, association, or other private entity;
                    ``(B) an officer, employee, agent, department, or 
                instrumentality of--
                            ``(i) the Federal Government;
                            ``(ii) any State, municipality, or 
                        political subdivision of a State; or
                            ``(iii) any foreign government;
                    ``(C) a State, municipality, or political 
                subdivision of a State; or
                    ``(D) any other entity subject to the jurisdiction 
                of the United States.''.
    (c) Prohibition on Sale, Importation, or Exportation of Products 
Labeled as Rhinoceros or Tiger Products.--The Rhinoceros and Tiger 
Conservation Act of 1994 (16 U.S.C. 5301 et seq.) is amended--
            (1) by redesignating section 7 as section 9; and
            (2) by inserting after section 6 the following:

``SEC. 7. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF PRODUCTS 
              LABELED AS RHINOCEROS OR TIGER PRODUCTS.

    ``(a) Prohibition.--A person shall not sell, import, or export, or 
attempt to sell, import, or export, any product, item, or substance 
intended for human consumption or application containing, or labeled or 
advertised as containing, any substance derived from any species of 
rhinoceros or tiger.
    ``(b) Penalties.--
            ``(1) Criminal penalty.--A person engaged in business as an 
        importer, exporter, or distributor that knowingly violates 
        subsection (a) shall be fined under title 18, United States 
        Code, imprisoned not more than 6 months, or both.
            ``(2) Civil penalties.--
                    ``(A) In general.--A person that knowingly violates 
                subsection (a), and a person engaged in business as an 
                importer, exporter, or distributor that violates 
                subsection (a), may be assessed a civil penalty by the 
                Secretary of not more than $12,000 for each violation.
                    ``(B) Manner of assessment and collection.--A civil 
                penalty under this paragraph shall be assessed, and may 
                be collected, in the manner in which a civil penalty 
                under the Endangered Species Act of 1973 may be 
                assessed and collected under section 11(a) of that Act 
                (16 U.S.C. 1540(a)).
    ``(c) Products, Items, and Substances.--Any product, item, or 
substance sold, imported, or exported, or attempted to be sold, 
imported, or exported, in violation of this section or any regulation 
issued under this section shall be subject to seizure and forfeiture to 
the United States.
    ``(d) Regulations.--After consultation with the Secretary of the 
Treasury, the Secretary of Health and Human Services, and the United 
States Trade Representative, the Secretary shall issue such regulations 
as are appropriate to carry out this section.
    ``(e) Enforcement.--The Secretary, the Secretary of the Treasury, 
and the Secretary of the department in which the Coast Guard is 
operating shall enforce this section in the manner in which the 
Secretaries carry out enforcement activities under section 11(e) of the 
Endangered Species Act of 1973 (16 U.S.C. 1540(e)).
    ``(f) Use of Penalty Amounts.--Amounts received as penalties, 
fines, or forfeiture of property under this section shall be used in 
accordance with section 6(d) of the Lacey Act Amendments of 1981 (16 
U.S.C. 3375(d)).''.
    (d) Educational Outreach Program.--The Rhinoceros and Tiger 
Conservation Act of 1994 (16 U.S.C. 5301 et seq.), as amended by 
subsection (c), is further amended by inserting after section 7 the 
following:

``SEC. 8. EDUCATIONAL OUTREACH PROGRAM.

    ``(a) In General.--Not later than 180 days after the date of 
enactment of this section, the Secretary shall develop and implement an 
educational outreach program in the United States for the conservation 
of rhinoceros and tiger species.
    ``(b) Guidelines.--The Secretary shall publish in the Federal 
Register guidelines for the program.
    ``(c) Contents.--Under the program, the Secretary shall publish and 
disseminate information regarding--
            ``(1) laws protecting rhinoceros and tiger species, in 
        particular laws prohibiting trade in products containing, or 
        labeled as containing, their parts;
            ``(2) use of traditional medicines that contain parts or 
        products of rhinoceros and tiger species, health risks 
        associated with their use, and available alternatives to the 
        medicines; and
            ``(3) the status of rhinoceros and tiger species and the 
        reasons for protecting the species.''.
    (e) Authorization of Appropriations.--Section 9 of the Rhinoceros 
and Tiger Conservation Act of 1994 (16 U.S.C. 5306), as redesignated by 
subsection (c) of this section, is amended by striking ``1996, 1997, 
1998, 1999, and 2000'' and inserting ``1996 through 2002''.

SEC. 7. UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE AND FISH REFUGE.

    (a) In General.--In accordance with section 4(a)(5) of the National 
Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
668dd(a)(5)), there are transferred to the Corps of Engineers, without 
reimbursement, approximately 37.36 acres of land of the Upper 
Mississippi River Wildlife and Fish Refuge in the State of Minnesota, 
as designated on the map entitled ``Upper Mississippi National Wildlife 
and Fish Refuge lands transferred to Corps of Engineers'', dated 
January 1998, and available, with accompanying legal descriptions of 
the land, for inspection in appropriate offices of the United States 
Fish and Wildlife Service.
    (b) Conforming Amendments.--The first section and section 2 of the 
Upper Mississippi River Wild Life and Fish Refuge Act (16 U.S.C. 721, 
722) are amended by striking ``Upper Mississippi River Wild Life and 
Fish Refuge'' each place it appears and inserting ``Upper Mississippi 
River National Wildlife and Fish Refuge''.

SEC. 8. KILLCOHOOK COORDINATION AREA.

    (a) In General.--In accordance with section 4(a)(5) of the National 
Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
668dd(a)(5)), the jurisdiction of the United States Fish and Wildlife 
Service over approximately 1,439.26 acres of land in the States of New 
Jersey and Delaware, known as the ``Killcohook Coordination Area'', as 
established by Executive Order No. 6582, issued February 3, 1934, and 
Executive Order No. 8648, issued January 23, 1941, is terminated.
    (b) Executive Orders.--Executive Order No. 6582, issued February 3, 
1934, and Executive Order No. 8648, issued January 23, 1941, are 
revoked.

SEC. 9. LAKE ELSIE NATIONAL WILDLIFE REFUGE.

    (a) In General.--In accordance with section 4(a)(5) of the National 
Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
668dd(a)(5)), the jurisdiction of the United States Fish and Wildlife 
Service over approximately 634.7 acres of land and water in Richland 
County, North Dakota, known as the ``Lake Elsie National Wildlife 
Refuge'', as established by Executive Order No. 8152, issued June 12, 
1939, is terminated.
    (b) Executive Order.--Executive Order No. 8152, issued June 12, 
1939, is revoked.

SEC. 10. KLAMATH FOREST NATIONAL WILDLIFE REFUGE.

    Section 28 of the Act of August 13, 1954 (25 U.S.C. 564w-1), is 
amended in subsections (f) and (g) by striking ``Klamath Forest 
National Wildlife Refuge'' each place it appears and inserting 
``Klamath Marsh National Wildlife Refuge''.

SEC. 11. VIOLATION OF NATIONAL WILDLIFE REFUGE SYSTEM ADMINISTRATION 
              ACT.

    Section 4 of the National Wildlife Refuge System Administration Act 
of 1966 (16 U.S.C. 668dd) is amended--
            (1) in the first sentence of subsection (c), by striking 
        ``knowingly''; and
            (2) in subsection (f)--
                    (A) by striking ``(f) Any'' and inserting the 
                following:
    ``(f) Penalties.--
            ``(1) Knowing violations.--Any'';
                    (B) by inserting ``knowingly'' after ``who''; and
                    (C) by adding at the end the following:
            ``(2) Other violations.--Any person who otherwise violates 
        or fails to comply with any of the provisions of this Act 
        (including a regulation issued under this Act) shall be fined 
        under title 18, United States Code, or imprisoned not more than 
        180 days, or both.''.

SEC. 12. USE OF PROCEEDS OF CERTAIN SALES.

    (a) Purposes.--The purposes of this section 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.
    (b) Use of Proceeds.--Section 3(c) of the Fish and Wildlife 
Improvement Act of 1978 (16 U.S.C. 742l(c)) is amended--
            (1) by striking ``Notwithstanding'' and inserting the 
        following:
            ``(1) In general.--Subject to paragraph (2), 
        notwithstanding''; 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 
        Secretary of Commerce may not sell any species of fish, 
        wildlife, or plants, 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 
                sections; 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 accordance with applicable law, including 
                        auctioneer commissions and related expenses;
                            ``(v) payment of any valid liens or other 
                        encumbrances on the items and payment for other 
                        measures required to clear title to the items; 
                        and
                            ``(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.''.

            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.