II 109th CONGRESS 1st Session S. 126 IN THE SENATE OF THE UNITED STATES January 24, 2005 Mrs. Lincoln introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To improve the administration of the Animal and Plant Health Inspection Service of the Department of Agriculture, and for other purposes.

1.

Animal and plant health inspection Service

(a)

Definitions

In this section: (1)

Secretary

The term Secretary means the Secretary of Agriculture, acting through the Administrator of the Service. (2)

Service

The term Service means the Animal and Plant Health Inspection Service of the Department of Agriculture. (b)

Exemption

Notwithstanding any other provision of law, any migratory bird management carried out by the Secretary shall be exempt from the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (including regulations). (c)

Permits; management

An agent, officer, or employee of the Service that carries out any activity relating to migratory bird management may, under the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.)— (1) issue a depredation permit to a stakeholder or cooperator of the Service; and (2) manage and take migratory birds.