[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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