[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2094 Enrolled Bill (ENR)]

        S.2094

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS AND PURPOSES.

    (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 available 
    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.

SEC. 3. USE OF PROCEEDS OF CERTAIN SALES.

    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 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 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.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.