Page:United States Statutes at Large Volume 106 Part 1.djvu/893

 PUBLIC LAW 102-335 —AUG. 7, 1992 106 STAT. 861 (2) CONSULTATION UNDER ENDANGERED SPECIES ACT.— I f the Secretary concerned foresees the need to harvest Pacific yew in an area for which an opinion issued under subsection (b)(3)(A) of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) has concluded that a commercial timber sale is likely to jeopardize the continued existence of an endangered or threatened species or destroy or adversely modify critical habitat identified for the species under that Act, the Secretary concerned shall immediatefy initiate consultation under that section to determine the eftect on endangered and threatened species and critical habitat of harvesting only Pacific yew trees. (d) INVENTORY OF PACIFIC YEW. —Not later than 6 months aft«r the date of the enactment of this Act, each Secretary concerned shall complete the ongoing inventory of Pacific yew on lands under the jurisdiction of the Secretary concerned. SEC. 4. RESEARCH. 16 USC 4803. Each Secretary concerned shall encourage and, where appropriate, assist in research regarding— (1) the ecology of the Pacific yew; (2) the development of alternative methods of procuring taxol, including utilization of other yew parts in addition to bark, the sustainable harvest of yew needles, and the utilization of other yew species; and (3) the propagation of Pacific yew and other yew species in agricultural or commercial settings. SEC. 5. COLLECTION AND SALE OP PACIFIC YEW RESOURCES. 16 USC 4804. (a) ENFORCEMENT AND ACCESS. —The Secretary concerned shall ensure the development, implementation, and enforcement of processes for the collection and sale of Pacific yew resources that will minimize the illegal harvest and sale of such resources. The Secretary shall also ensure that access to Pacific yew resources is allowed in a timely manner such that collection of Pacific yew parts can occur before the taxol properties of such parts are degraded. (b) NEGOTIATED SALES.— (1) FOREST SERVICE SALES.—Notwithstanding section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a), the Secretary of Agriculture may negotiate sales of Pacific yew on lands under the jurisdiction of the Forest Service at not less than appraised value, to parties manufacturing taxol in the United States in accordance with section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) for use in humans. (2) BUREAU OF LAND MANAGEMENT SALES. —Notwithstanding the Materials Act of 1947 (30 U.S.C. 601-604), the Federal Land PoUcy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and Act of August 28, 1937 (43 U.S.C. 1181a-1181f), the Secretary of the Interior may negotiate sales of Pacific yew on lands under the jurisdiction of the Bureau of Land Management at not less than appraised value, to parties manufacturing taxol in the United States in accordance with section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) for use in humeins. (3) DISPOSITION OF UNUTILIZED MATERIAL.— The Secretary concerned shall, to the extent practicable, make materisQ unutilized by purchasers of Pacific yew available to others.

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