Page:United States Statutes at Large Volume 92 Part 3.djvu/1128

 PUBLIC LAW 95-632—NOV. 10, 1978

92 STAT. 3760

Report to Congress.

any other provision of this section, the Committee shall accept the determinations of the President under this subsection. "(q) AUTHORIZATION.—There is authorized to be appropriated to the Secretary to assist review boards and the Committee in carrying out their functions under subsections (e), (f), (g), and (h) of this section not to exceed $600,000 for fiscal year 1979, and not to exceed $300,000 for the period beginning October 1, 1979, and ending March 31, 1980. The Chairman of the Committee shall report to the Congress before the end of fiscal year 1979 with respect to the adequacy of the budget authority contained in this subsection.". SEC. 4. Section 9(b) of the Endangered Species Act (16 U.S.C. 1538) is amended by inserting " (1) " after "(b) SPECIES HELD IN CAPTIVITY O CONTROLLED ENVIRONMENT.—" and by adding the following new R

Regulation.

paragraph: " (2)(A) This section shall not apply to— " (i) any raptor legally held in captivity or in a controlled environment on the effective date of the Endangered Species Act Amendments of 1978; or " (ii) any progeny of any raptor described in clause (i); until such time as any such raptor or progeny is intentionally returned to a wild state. " (B) Any person holding any raptor or progeny described in subparagraph (A) must be able to demonstrate that the raptor or progeny does, in fact, qualify under the provisions of this paragraph, and shall maintain and submit to the Secretary, on request, such inventories, documentation, and records as the Secretary may by regulation require as being reasonably appropriate to carry out the purposes of this paragraph. Such requirements shall not unnecessarily duplicate the requirements of other rules and regulations promulgated by the Secretary.". SEC. 5. Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539) is amended by adding at the end thereof the following new subsections: "(h)

16 USC 1533, 1538.

CERTAIN ANTIQUE ARTICLES.—(1) Sections 4(d), 9(a),

and

9(c) do not apply to any article (other than scrimshaw) which— " (A) was made before 1830; "(B) is composed in whole or in part of any endangered species or threatened species listed under section 4; "(C) has not been repaired or modified with any part of any such species on or after the date of the enactment or this Act; and "(D) is entered at a port designated under paragraph (3). Documentation "(2) Any person who wishes to import an article under the excepsubmittal, tion provided by this subsection shall submit to the customs officer regulations. concerned at the time of entry of the article such documentation as the Secretary of the Treasury, after consultation with the Secretary pf the Interior, shall by regulation require as being necessary to establish that the article meets the requirements set forth in paragraph (1)(A). (B). and (C). Port designation, "(3) The Secretary of the Treasury, after consultation with the consultation. Secretary of the Interior, shall designate one port within ench customs region at which articles described in paragraph ( I H A). CB), and (C) must be entered into the customs territory of the United States. "(4) Any person who imported, after December 27, 1973, and on or before the date of the enactment of the Endangered Species Act Ante, p. 3751. Amendments of 1978, any article described in paragraph (1) which—

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