[Congressional Record Volume 144, Number 142 (Saturday, October 10, 1998)]
[House]
[Pages H10473-H10475]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             WETLANDS AND WILDLIFE ENHANCEMENT ACT OF 1998

  Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and 
pass the Senate bill (S. 1677) to reauthorize the North American 
Wetlands Conservation Act and the Partnerships for Wildlife Act, as 
amended.
  The Clerk read as follows:

                                S. 1677

       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 ``Wetlands and Wildlife 
     Enhancement Act of 1998''.

     SEC. 2. REAUTHORIZATION OF NORTH AMERICAN WETLANDS 
                   CONSERVATION ACT.

       Section 7(c) of the North American Wetlands Conservation 
     Act (16 U.S.C. 4406(c)) is amended by striking ``not to 
     exceed'' and all that follows and inserting ``not to exceed 
     $30,000,000 for each of fiscal years 1999 through 2003.''.

     SEC. 3. REAUTHORIZATION OF PARTNERSHIPS FOR WILDLIFE ACT.

       Section 7105(h) of the Partnerships for Wildlife Act (16 
     U.S.C. 3744(h)) is amended by striking ``for each of fiscal 
     years'' and all that follows and inserting ``not to exceed 
     $6,250,000 for each of fiscal years 1999 through 2003.''.

     SEC. 4. MEMBERSHIP OF THE NORTH AMERICAN WETLANDS 
                   CONSERVATION COUNCIL.

       (a) In General.--Notwithstanding section 4(a)(1)(D) of the 
     North American Wetlands Conservation Act (16 U.S.C. 
     4403(a)(1)(D)), during the period of 1999 through 2002, the 
     membership of the North American Wetlands Conservation 
     Council under section 4(a)(1)(D) of that Act shall consist 
     of--
       (1) 1 individual who shall be the Group Manager for 
     Conservation Programs of Ducks Unlimited, Inc., and who shall 
     serve for 1 term of 3 years beginning in 1999; and
       (2) 2 individuals who shall be appointed by the Secretary 
     of the Interior in accordance with section 4 of that Act and 
     who shall represent an organization described in section 
     4(a)(1)(D) of that Act.
       (b) Publication of Policy.--Not later than June 30, 1999, 
     the Secretary of the Interior shall publish in the Federal 
     Register, after notice and opportunity for public comment, a 
     policy for making appointments under section 4(a)(1)(D) of 
     the North American Wetlands Conservation Act (16 U.S.C. 
     4403(a)(1)(D)).

     SEC. 5. MIGRATORY BIRD TREATY ACT AMENDMENTS.

       (a) Eliminating Strict Liability for Baiting.--Section 3 of 
     the Migratory Bird Treaty Act (16 U.S.C. 704) is amended--
       (1) by inserting ``(a)'' after ``Sec. 3.''; and
       (2) by adding at the end the following:
       ``(b) It shall be unlawful for any person to--
       ``(1) take any migratory game bird by the aid of baiting, 
     or on or over any baited area, if the person knows or 
     reasonably should know that the area is a baited area; or
       ``(2) place or direct the placement of bait on or adjacent 
     to an area for the purpose of causing, inducing, or allowing 
     any person to take or attempt to take any migratory game bird 
     by the aid of baiting on or over the baited area.''.
       (b) Criminal Penalties.--Section 6 of the Migratory Bird 
     Treaty Act (16 U.S.C. 707) is amended--
       (1) in subsection (a), by striking ``$500'' and inserting 
     ``$15,000''; and
       (2) by redesignating subsection (c) as subsection (d); and
       (3) by inserting after subsection (b) the following:
       ``(c) Whoever violates section 3(b)(2) shall be fined under 
     title 18, United States Code, imprisoned not more than 1 
     year, or both.''.
       (c) Study on Effect on Migratory Bird Conservation and Law 
     Enforcement Efforts.--
       (1) Study.--The Secretary of the Interior shall conduct a 
     study of the effect of the amendments made by this section on 
     migratory bird conservation and law enforcement efforts under 
     the Migratory Bird Treaty Act (16 U.S.C. 701 et seq.).
       (2) Report.--Not later than 5 years after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     submit to the Congress a report on the results of the study 
     under paragraph (1).

     SEC. 6. REAUTHORIZATION AND AMENDMENT OF RHINOCEROS AND TIGER 
                   CONSERVATION ACT OF 1994.

       (a) Purposes of the Act.--Section 3 of the Rhinoceros and 
     Tiger Conservation Act of 1994 (16 U.S.C. 5302) is amended by 
     adding at the end the following:
       ``(3) To prohibit the sale, importation, and exportation of 
     products intended for human consumption or application 
     containing, or labeled or advertised as containing, any 
     substance derived from any species of rhinoceros or tiger.''.
       (b) Definition of Person.--Section 4 of the Rhinoceros and 
     Tiger Conservation Act of 1994 (16 U.S.C. 5303) is amended--
       (1) in paragraph (4), by striking ``and'' at the end;
       (2) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(6) `person' means--
       ``(A) an individual, corporation, partnership, trust, 
     association, or other private entity;
       ``(B) an officer, employee, agent, department, or 
     instrumentality of--
       ``(i) the Federal Government;
       ``(ii) any State, municipality, or political subdivision of 
     a State; or
       ``(iii) any foreign government;
       ``(C) a State, municipality, or political subdivision of a 
     State; or
       ``(D) any other entity subject to the jurisdiction of the 
     United States.''.
       (c) Prohibition on Sale, Importation, or Exportation of 
     Products Labeled as Rhinoceros or Tiger Products.--The 
     Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 
     et seq.) is amended--
       (1) by redesignating section 7 as section 9; and
       (2) by inserting after section 6 the following:

     ``SEC. 7. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF 
                   PRODUCTS LABELED AS RHINOCEROS OR TIGER 
                   PRODUCTS.

       ``(a) Prohibition.--A person shall not sell, import, or 
     export, or attempt to sell, import, or export, any product, 
     item, or substance intended for human consumption or 
     application containing, or labeled or advertised as 
     containing, any substance derived from any species of 
     rhinoceros or tiger.
       ``(b) Penalties.--

[[Page H10474]]

       ``(1) Criminal penalty.--A person engaged in business as an 
     importer, exporter, or distributor that knowingly violates 
     subsection (a) shall be fined under title 18, United States 
     Code, imprisoned not more than 6 months, or both.
       ``(2) Civil penalties.--
       ``(A) In general.--A person that knowingly violates 
     subsection (a), and a person engaged in business as an 
     importer, exporter, or distributor that violates subsection 
     (a), may be assessed a civil penalty by the Secretary of not 
     more than $12,000 for each violation.
       ``(B) Manner of assessment and collection.--A civil penalty 
     under this paragraph shall be assessed, and may be collected, 
     in the manner in which a civil penalty under the Endangered 
     Species Act of 1973 may be assessed and collected under 
     section 11(a) of that Act (16 U.S.C. 1540(a)).
       ``(c) Products, Items, and Substances.--Any product, item, 
     or substance sold, imported, or exported, or attempted to be 
     sold, imported, or exported, in violation of this section or 
     any regulation issued under this section shall be subject to 
     seizure and forfeiture to the United States.
       ``(d) Regulations.--After consultation with the Secretary 
     of the Treasury, the Secretary of Health and Human Services, 
     and the United States Trade Representative, the Secretary 
     shall issue such regulations as are appropriate to carry out 
     this section.
       ``(e) Enforcement.--The Secretary, the Secretary of the 
     Treasury, and the Secretary of the department in which the 
     Coast Guard is operating shall enforce this section in the 
     manner in which the Secretaries carry out enforcement 
     activities under section 11(e) of the Endangered Species Act 
     of 1973 (16 U.S.C. 1540(e)).
       ``(f) Use of Penalty Amounts.--Amounts received as 
     penalties, fines, or forfeiture of property under this 
     section shall be used in accordance with section 6(d) of the 
     Lacey Act Amendments of 1981 (16 U.S.C. 3375(d)).''.
       (d) Educational Outreach Program.--The Rhinoceros and Tiger 
     Conservation Act of 1994 (16 U.S.C. 5301 et seq.), as amended 
     by subsection (c), is further amended by inserting after 
     section 7 the following:

     ``SEC. 8. EDUCATIONAL OUTREACH PROGRAM.

       ``(a) In General.--Not later than 180 days after the date 
     of enactment of this section, the Secretary shall develop and 
     implement an educational outreach program in the United 
     States for the conservation of rhinoceros and tiger species.
       ``(b) Guidelines.--The Secretary shall publish in the 
     Federal Register guidelines for the program.
       ``(c) Contents.--Under the program, the Secretary shall 
     publish and disseminate information regarding--
       ``(1) laws protecting rhinoceros and tiger species, in 
     particular laws prohibiting trade in products containing, or 
     labeled as containing, their parts;
       ``(2) use of traditional medicines that contain parts or 
     products of rhinoceros and tiger species, health risks 
     associated with their use, and available alternatives to the 
     medicines; and
       ``(3) the status of rhinoceros and tiger species and the 
     reasons for protecting the species.''.
       (e) Authorization of Appropriations.--Section 9 of the 
     Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 
     5306), as redesignated by subsection (c) of this section, is 
     amended by striking ``1996, 1997, 1998, 1999, and 2000'' and 
     inserting ``1996 through 2002''.

     SEC. 7. UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE AND FISH 
                   REFUGE.

       (a) In General.--In accordance with section 4(a)(5) of the 
     National Wildlife Refuge System Administration Act of 1966 
     (16 U.S.C. 668dd(a)(5)), there are transferred to the Corps 
     of Engineers, without reimbursement, approximately 37.36 
     acres of land of the Upper Mississippi River Wildlife and 
     Fish Refuge in the State of Minnesota, as designated on the 
     map entitled ``Upper Mississippi National Wildlife and Fish 
     Refuge lands transferred to Corps of Engineers'', dated 
     January 1998, and available, with accompanying legal 
     descriptions of the land, for inspection in appropriate 
     offices of the United States Fish and Wildlife Service.
       (b) Conforming Amendments.--The first section and section 2 
     of the Upper Mississippi River Wild Life and Fish Refuge Act 
     (16 U.S.C. 721, 722) are amended by striking ``Upper 
     Mississippi River Wild Life and Fish Refuge'' each place it 
     appears and inserting ``Upper Mississippi River National 
     Wildlife and Fish Refuge''.

     SEC. 8. KILLCOHOOK COORDINATION AREA.

       (a) In General.--In accordance with section 4(a)(5) of the 
     National Wildlife Refuge System Administration Act of 1966 
     (16 U.S.C. 668dd(a)(5)), the jurisdiction of the United 
     States Fish and Wildlife Service over approximately 1,439.26 
     acres of land in the States of New Jersey and Delaware, known 
     as the ``Killcohook Coordination Area'', as established by 
     Executive Order No. 6582, issued February 3, 1934, and 
     Executive Order No. 8648, issued January 23, 1941, is 
     terminated.
       (b) Executive Orders.--Executive Order No. 6582, issued 
     February 3, 1934, and Executive Order No. 8648, issued 
     January 23, 1941, are revoked.

     SEC. 9. LAKE ELSIE NATIONAL WILDLIFE REFUGE.

       (a) In General.--In accordance with section 4(a)(5) of the 
     National Wildlife Refuge System Administration Act of 1966 
     (16 U.S.C. 668dd(a)(5)), the jurisdiction of the United 
     States Fish and Wildlife Service over approximately 634.7 
     acres of land and water in Richland County, North Dakota, 
     known as the ``Lake Elsie National Wildlife Refuge'', as 
     established by Executive Order No. 8152, issued June 12, 
     1939, is terminated.
       (b) Executive Order.--Executive Order No. 8152, issued June 
     12, 1939, is revoked.

     SEC. 10. KLAMATH FOREST NATIONAL WILDLIFE REFUGE.

       Section 28 of the Act of August 13, 1954 (25 U.S.C. 564w-
     1), is amended in subsections (f) and (g) by striking 
     ``Klamath Forest National Wildlife Refuge'' each place it 
     appears and inserting ``Klamath Marsh National Wildlife 
     Refuge''.

     SEC. 11. VIOLATION OF NATIONAL WILDLIFE REFUGE SYSTEM 
                   ADMINISTRATION ACT.

       Section 4 of the National Wildlife Refuge System 
     Administration Act of 1966 (16 U.S.C. 668dd) is amended--
       (1) in the first sentence of subsection (c), by striking 
     ``knowingly''; and
       (2) in subsection (f)--
       (A) by striking ``(f) Any'' and inserting the following:
       ``(f) Penalties.--
       ``(1) Knowing violations.--Any'';
       (B) by inserting ``knowingly'' after ``who''; and
       (C) by adding at the end the following:
       ``(2) Other violations.--Any person who otherwise violates 
     or fails to comply with any of the provisions of this Act 
     (including a regulation issued under this Act) shall be fined 
     under title 18, United States Code, or imprisoned not more 
     than 180 days, or both.''.

     SEC. 12. USE OF PROCEEDS OF CERTAIN SALES.

       (a) Purposes.--The purposes of this section 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.
       (b) Use of Proceeds.--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 plants, 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 
Alaska (Mr. Young) and the gentleman from California (Mr. Miller) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Alaska (Mr. Young).
  (Mr. YOUNG of Alaska asked and was given permission to revise and 
extend his remarks.)
  Mr. YOUNG of Alaska. Mr. Speaker, I am presenting to the House a 
modified version of S. 1677, the Wetlands and Wildlife Enhancement Act. 
This measure was approved by the other body on September 30th.
  The first two sections of the bill extend the North America Wetlands 
Conservation Act and the Partnerships for Wildlife Act for an 
additional 5 years. These two important conservation programs are 
dedicated to improving and acquiring wetlands for both migratory birds 
and nongame species. In fact, as a result of the North American 
Wetlands Conservation Act, more than 3 million acres of wetlands have 
been purchased in the United States and Canada over the past 7 years.
  Section 3 of this bill is designed to clarify the membership of the 
North American Wetlands Conservation Council. I am pleased that Ducks 
Unlimited, which has contributed some

[[Page H10475]]

$80 million for essential migratory bird wetland projects will continue 
to serve on the Council in the future.
  Mr. Speaker, the House version of this legislation was overwhelmingly 
adopted on May 19th of this year.
  Section 5 of this proposal is the text of my bill, H.R. 2863, the 
Migratory Bird Treaty Reform Act. This measure was extensively debated 
on the House on September 10 and adopted by a vote of 322 to 90. Since 
that time, the Senate Environment and Public Works Committee has 
conducted a hearing on this bill and reported it favorably.
  During these deliberations, the Senate suggested that this bill be 
changed in several ways. I have incorporated those modifications, which 
increase the maximum criminal penalties for baiting and direct the 
Secretary of the Interior to study the effects of changing strict 
liability to the ``knows or reasonably should have known'' legal 
standard. In terms of penalties, these are maximum levels and will only 
be imposed in the most severe and egregious cases.
  H.R. 2863 will not allow baiting and will not imperil any migratory 
bird population. What it will do is allow hunters to simply present 
evidence in their own defense.
  The current strict liability interpretation, if you were there and 
even a small part or amount of bait is present, you are guilty, it is 
fundamentally wrong. This violates one of our most basic constitutional 
protections, that a person is innocent until proven guilty.
  Furthermore, the ``knows or reasonably should know'' standard has 
been effectively used in the States of Louisiana, Mississippi, and 
Texas for over 20 years. During that time, no migratory bird 
populations have been put at risk, there has been an 88 percent 
conviction rate in baiting cases and, not surprisingly, the U.S. Fish 
and Wildlife Service has never attempted to overturn or challenge this 
legal standard. It is time we provide fairness and equity to migratory 
bird hunters throughout this country.
  Section 6 of the bill incorporates the text of H.R. 2807 and H.R. 
3113. These measures were overwhelmingly adopted by the House of 
Representatives. The fundamental goal is to eliminate the U.S. market 
for illegally obtained rhino and tiger products and to extend the 
Rhinoceros and Tiger Conservation Fund. This Fund has supported some 40 
conservation projects in 10 range states in Africa and Asia. Without 
this legislation, these two magnificent species will continue to slide 
towards extinction.
  Finally, the last sections of the bill implement the text of S. 2317. 
This measure was approved by the other body on September 21. This 
legislation is designed to make several minor changes in four units of 
our National Wildlife Refuge System and to reduce the penalties for 
those individuals who unintentionally violate certain provisions of the 
National Wildlife Refuge System Administration Act.
  Briefly, this section would remove 37 acres from the Upper 
Mississippi National Wildlife and Fish Refuge, 1,430 acres from the 
Kilcohook Coordination Area, and a 634-acre easement from the Lake 
Elsie National Wildlife Refuge. These lands have lost the wildlife 
values that led to their inclusion in the system and, therefore, they 
should be removed.
  Finally, this section renames a refuge in the State of Oregon to 
better reflect the true nature of the unit. In the future it will be 
called the Klamath Marsh Wildlife Refuge.
  This is a good bill, Mr. Speaker. These changes are minor 
housekeeping matters that are noncontroversial. They have been 
suggested by the U.S. Fish and Wildlife Service, and I find no 
objection to their enactment.
  Mr. Speaker, this is a comprehensive conservation measure that is 
good for migratory bird hunters, our Refuge System, essential wetland 
habitat acquisition, and for two of the most endangered species, rhinos 
and tigers, on earth. Each of these provisions, except for the minor 
refuge changes, has been fully debated and resoundingly approved by 
this body, and I urge an ``aye'' on S. 1677.
  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. Speaker, I rise in support of S. 1677, a package of bills which 
have already passed the House with broad bipartisan support. In 
particular, it reauthorizes the highly successful North American 
Wetlands Conservation Act. This program has protected more than 10 
million acres of wetlands in the United States, Canada and Mexico.
  The bill before the House also reauthorizes the program of grants for 
the conservation of rhinoceros and tigers, and prohibits trade in 
products labeled as containing rhino or tiger products.
  Although trade in rhino and tiger products is banned under United 
States and international law, many products claiming to contain rhino 
and tiger continue to be available in the United States. Because of the 
increasing rarity of these magnificent animals, many products labeled 
as containing rhino and tiger do not actually contain them, but 
nevertheless they help perpetuate the illegal market in rhino and tiger 
parts.
  I do not support the provisions of this bill that relax the standard 
under which hunters may be cited for shooting birds over bait. However, 
this bill contains changes to the House-passed bill which substantially 
increase the penalty for baiting violations and require a study of the 
impacts of this policy change on game bird populations and law 
enforcement. These changes substantially mitigate any harm done by the 
underlying policy change.
  Overall, Mr. Speaker, this is a good package and I urge my colleagues 
to support it.
  Mr. YOUNG of Alaska. Mr. Speaker, I have no further requests for 
time, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Alaska (Mr. Young) that the House suspend the rules and 
pass the Senate bill, S. 1677, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill, as amended, was 
passed.
  The title of the Senate bill was amended so as to read: ``A bill to 
reauthorize the North American Wetlands Conservation Act and the 
Partnerships for Wildlife Act, and for other purposes.''.
  A motion to reconsider was laid on the table.

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