112 STAT. 3058 PUBLIC LAW 105-328—OCT. 30, 1998 SEC. 3. USE OF PROCEEDS OF CERTAIN SALES. Section 3(c) of the Fish and Wildlife Improvement Act of 1978 (16 U.S.C. 7421(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
�
