[105th Congress Public Law 328]
[From the U.S. Government Printing Office]


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[DOCID: f:publ328.105]


[[Page 112 STAT. 3057]]

Public Law 105-328
105th Congress

                                 An Act


 
  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. <<NOTE: Oct. 30, 1998 -  [S. 2094]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Fish and Wildlife Revenue 
Enhancement Act of 1998.>> assembled,

SECTION 1. <<NOTE: 16 USC 742a note.>> SHORT TITLE.

    This Act may be cited as the ``Fish and Wildlife Revenue Enhancement 
Act of 1998''.

SEC. 2. <<NOTE: 16 USC 742l note.>> 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.

[[Page 112 STAT. 3058]]

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 112 STAT. 3059]]

                          ``(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.''.

    Approved October 30, 1998.

LEGISLATIVE HISTORY--S. 2094:
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SENATE REPORTS: No. 105-285 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 144 (1998):
            Sept. 11, considered and passed Senate.
            Oct. 9, considered and passed House.

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