Congressional Record, Volume 144 Issue 120 (Friday, September 11, 1998)

[Congressional Record Volume 144, Number 120 (Friday, September 11, 1998)]
[Senate]
[Pages S10250-S10252]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

FISH AND WILDLIFE REVENUE ENHANCEMENT ACT OF 1998

Mr. LOTT. Mr. President, I ask unanimous consent the Senate now
proceed to consideration of Calendar No. 522, S. 2094.
The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will report.
The legislative clerk read as follows:

A bill (S. 2094) 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.

The Senate proceeded to consider the bill, which had been reported
from the Committee on Environment and Public Works, with amendments; as
follows:

(The parts of the bill intended to be stricken are shown in boldface
brackets and the parts of the bill intended to be inserted are shown in
italic.)

S. 2094

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.--[Notwithstanding''] 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.''.
``[(2)] (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.''.

[[Page S10251]]

Mr. LOTT. I ask consent the committee amendments be agreed to and the
Senate proceed to consideration of the amendment offered by Senator
Chafee which is at the desk.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee amendments were agreed to.

Amendment No. 3579

(Purpose: To make technical corrections)
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Mississippi [Mr. Lott], for Mr. Chafee,
proposes an amendment numbered 3579.

Mr. LOTT. Mr. President, I ask unanimous consent that reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

On page 4, line 4, strike ``plants'' and insert ``plant''.
On page 4, line 6, strike the quotation marks and the
following period.

Mr. CHAFEE. Mr. President, I am pleased that the Senate is
considering S. 2094, the Fish and Wildlife Revenue Enhancement Act, a
bill introduced by my colleague Senator Allard and cosponsored by me.
This bill represents a move towards efficient use of government funds,
and support for the valuable programs carried out by the U.S. Fish and
Wildlife Service with those scarce funds.
Each year, the Service receives thousands of items derived from fish,
wildlife and plants, such as boots, purses and wallets, made from furs
and skins. These items can be forfeited or abandoned during enforcement
of Federal wildlife laws, and they are eventually shipped to the
National Wildlife Property Repository in Colorado. The Repository
currently has about 450,000 items, of which 200,000 can be legally
sold.
However, under current law, revenue from the sale of forfeited items
go to the Service for certain program operations, while revenue from
the sale of abandoned items go to the General Treasury. More than 90
percent of the fish and wildlife items are abandoned, so that the
Service would receive very little revenue from sales of items in its
Repository.
The Repository was appropriated $310,000 for operations last year.
After overhead and operations, only $30,000 was available for carrying
out the programs that loan these items to schools, universities,
museums, zoos for educational purposes, and to Native American groups
for religious and ceremonial purposes.
The bill would initially generate approximately $1 million for the
Service through the sale of items derived from fish and wildlife that
are currently stored by the Service. This money would be used to cover
the costs of storing and disposing of these items--which is now a
financial drain on the Service--and to fund the worthwhile programs
benefiting education, research and Native American religious and
ceremonial purposes.
I would like to note that this bill does not change existing
authority with respect to items that may be sold by the Service.
Indeed, it clarifies that other laws prohibiting the sale of fish,
plants or wildlife equally apply to this law. Specifically, current law
prohibits the sale of items derived from threatened and endangered
species, marine mammals, and migratory birds.
In summary, I am pleased to cosponsor this bill with Senator Allard,
and urge the Senate and House to approve it expeditiously.
Mr. ALLARD. Mr. President, I would like to say a few quick words in
support of S. 2094, the Fish and Wildlife Service Revenue Enhancement
Act.
I have toured the Repository in the Rocky Mountain Arsenal. I was
impressed by the instructional programs the Fish and Wildlife Service
runs from that facility. It is obvious that the Repository serves a
vital educational role. The Service is trying to utilize their
resources to educate and inform the public about wildlife and wildlife
trade. The passage of this bill will allow them to put to good use
assets that are now just wasting away, and to further their scholastic
goals.
Another important reason for passage of this bill is that it benefits
the National Eagle Repository. They support the cultural and religious
activities of Native Americans. We all know how important Raptores such
as Bald and Golden Eagles are to the various tribes. The Service goes
to great lengths to match the thousands of requests they receive from
Native Americans for these rare birds. Any assistance that we can give
them which will improve that already excellent operation will be a
credit to the Congress.
I would like to thank Chairman Chafee, Ranking Member Baucus, and
their staff for their assistance on this bill. Several improvements
were made during the committee process, and I believe the bill is the
best possible solution to the funding and allocation problem currently
facing the Repository.
I would urge my current colleagues to support the passage of this
bill, and I hope my former colleagues in the House will take up this
matter and pass it soon after they return next week. I thank the Chair.
Mr. LOTT. Mr. President, I ask unanimous consent the amendment be
agreed to, the bill be considered read the third time and passed, the
motion to reconsider be laid upon the table, and that any statements
relating to the bill appear in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 3579) was agreed to.
The bill (S. 2094) was considered read the third time and passed, as
follows:

S. 2094

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.

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

[[Page S10252]]

``(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.''.

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