Editorial Notes
References in Text

This section, referred to in subsec. (d), means section 3 of Pub. L. 95–616, which in addition to enacting this section, enacted section 712 of this title and amended sections 460k–3, 668dd, 690e, 706, and 718f of this title and sections 1114 and 3112 of Title 18, Crimes and Criminal Procedure.


Section is comprised of subsecs. (a) to (d) and (k) of section 3 of Pub. L. 95–616, as amended. For classification of subsecs. (e) through (j) of section 3, see References in Text note above and Tables.


1998—Subsec. (c). Pub. L. 105–328 designated existing provisions as par. (1) and inserted heading, substituted “Subject to paragraph (2), notwithstanding” for “Notwithstanding”, and added pars. (2) and (3).

1982—Subsec. (k). Pub. L. 97–396 added subsec. (k).

Statutory Notes and Related Subsidiaries
Congressional Findings and Purposes

Pub. L. 105–328, § 2, Oct. 30, 1998, 112 Stat. 3057, provided that:

Congress finds that—
the United States Fish and Wildlife Service (referred to in this Act [amending this section and enacting provisions set out as a note under section 742a of this title] as the ‘Service’)—
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;
distributes many of those items for educational and scientific uses and for religious purposes of Native Americans; and
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;
under law in effect on the date of enactment of this Act [Oct. 30, 1998], 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
making revenue from the sale of abandoned items available to the Service will enable the Service—
to cover costs incurred in shipping, storing, and disposing of items derived from fish, wildlife, and plants; and
to make more extensive distributions of those items for educational, scientific, and Native American religious 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.”