Home > 105th Congressional Bills > S. 1677 (es) To reauthorize the North American Wetlands Conservation Act and the Partnerships for Wildlife Act. ...S. 1677 (es) To reauthorize the North American Wetlands Conservation Act and the Partnerships for Wildlife Act. ...
105th CONGRESS
2d Session
S. 1677
_______________________________________________________________________
AMENDMENTS
In the House of Representatives, U. S.,
October 10, 1998.
Resolved, That the bill from the Senate (S. 1677) entitled ``An Act to
reauthorize the North American Wetlands Conservation Act and the Partnerships
for Wildlife Act'', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
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.--
``(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--
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