[Congressional Record Volume 144, Number 141 (Friday, October 9, 1998)]
[House]
[Pages H10339-H10340]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FISH AND WILDLIFE REVENUE ENHANCEMENT ACT OF 1998
Mr. SAXTON. Mr. Speaker, I move to suspend the rules and pass the
Senate 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 Clerk read 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.
(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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Saxton) and the gentleman from California (Mr. Miller) each
will control 20 minutes.
The Chair recognizes the gentleman from New Jersey (Mr. Saxton).
(Mr. SAXTON asked and was given permission to revise and extend his
remarks.)
Mr. SAXTON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I am pleased to present the House S. 2094, the Fish and
Wildlife Revenue Enhancement Act. This bill would amend the Fish and
Wildlife Improvement Act of 1978 to enable the U.S. Fish and Wildlife
Service to utilize funds obtained from the sale of certain abandoned or
forfeited products.
Mr. Speaker, I know of no controversy with regard to this bill. I,
therefore, will ask that the balance of my statement be placed in the
Record.
Mr. Speaker, I reserve the balance of my time.
Mr MILLER of California. Mr. Speaker, I yield myself such time as I
may consume.
(Mr. MILLER of California asked and was given permission to revise
and extend his remarks.)
Mr. MILLER of California. Mr. Speaker, I rise in support of S. 2094.
It is a good government bill and the gentleman from Colorado (Mr.
Skaggs), who has authored the House bill, deserves credit for his
diligence and devotion for getting this legislation passed.
Mr. Speaker, I rise in support of S. 2094. This is simply a good
Government bill. It allows the Fish and Wildlife Service to auction
nonendangered wildlife products that have been confiscated by wildlife
agents or the customs service for various reasons. The bill enables the
proceeds of those sales to be used to cover the costs of shipping,
storing, and disposing of confiscated wildlife products, and to
facilitate the distribution of such products for educational or
scientific purposes, or for Native American religious purposes.
Sadly, each year millions of dollars in illegal wildlife products are
confiscated at our borders. This bill takes these lemons and makes
lemonade by allowing some of these products to be used to raise revenue
to enhance wildlife awareness and education, as well as to pay the more
mundane costs of administering confiscated goods.
This is good legislation made better by the other body, whose
amendment ensures that no products whose sale is otherwise prohibited
by Federal law may be sold pursuant to this legislation.
The gentleman from Colorado, Mr. Skaggs, who authored the House bill,
deserves credit for his diligence and devotion to getting this
legislation passed. This bill is as unassuming and effective and its
House sponsor and I urge the House to support its passage.
Mr. Speaker, I yield back the balance of my time.
Mr. SAXTON. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Saxton) that the House suspend the rules
and pass the Senate bill, S. 2094.
The question was taken; and (two-thirds having voted in favor
thereof)
[[Page H10340]]
the rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.
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