Text: S.2094 — 105th Congress (1997-1998)All Information (Except Text)
Public Law No: 105-328 (10/30/1998)
[105th Congress Public Law 328]
[From the U.S. Government Printing Office]
[[Page 112 STAT. 3057]]
Public Law 105-328
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
(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
(B) to make more extensive distributions of those
items for educational, scientific, and Native American
(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
``(1) In general.--Subject to paragraph (2),
(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
``(A) to make payments in accordance with those
``(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:
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.