Endangered Species Relisting Act of 1995

Summary: Endangered Species Relisting Act of 1995 - Amends the Endangered Species Act of 1973 to provide that a covered species shall not be considered to be an endangered or threatened species for purposes of such Act unless:  (1) in the case of a species which is included in a list of endangered or threatened species on the date of this Act's enactment, a petition is filed to relist that species on such list and the review of such petition is completed by the Secretary of the Interior according to specified criteria; or (2) in response to a petition or on the Secretary's own initiative, the Secretary determines in accordance with specified requirements that the species is certain to become extinct or will be placed on an irreversible course to extinction over the 24-month period beginning on the date of the determination. 
Requires that such a determination be based on the best scientific and commercial data available and be subject to comment after publication in the Federal Register for 60 days prior to taking effect.  Authorizes the Secretary to utilize information contained in a recovery plan developed prior to this Act's enactment with respect to a species in making such a determination.  Makes such a determination subject to judicial review.  Sets forth annual reporting requirements for the Secretary. 
Prohibits the Secretary from taking any action with respect to the inclusion of a species in, retention of a species on, or removal of a species from the list or the development, revision, approval, or implementation of a recovery plan based on any data, result, or determination (data) which has not undergone peer review.  Requires the Secretary to submit to peer review (by at least three independent reviewers selected by the Secretary from among individuals recommended by the National Academy of Sciences (NAS)) all data that are the basis of such an action and all data that is timely submitted to the Secretary by any person likely to be affected by the Secretary's action.  Directs the Secretary to:  (1) publish the results of any such peer review and all materials relevant to a decision to take action; and (2) obtain recommendations of individuals to perform peer review from the NAS and, in the case of economic analyses, from the appropriate scientific board. 
Sets deadlines for the development of recovery plans.  Requires the Secretary, for any species for which one or more proposed recovery plans are submitted that would adequately promote the conservation and survival of a species, to adopt the plan that would impose the lowest costs on persons affected by the plan, apply to more than one species, and not result in a prohibition of use of the land or water for other purposes. 
Specifies that a taking that occurs in the course of specified activities (such as any action by a State or local government agency to respond to, prevent, or mitigate an emergency and any lawful activity that is approved by a State or local government) is not prohibited by the Act if the taking is de minimis in nature and merely incidental to the activity.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Endangered Species Relisting Act of 
1995''.

SEC. 2. REQUIREMENT TO REVIEW SPECIES.

    (a) Requirement.--Section 4 of the Endangered Species Act of 1973 
(16 U.S.C. 1533) is amended by adding at the end the following new 
subsection:
    ``(j) Petition and Review Required for Certain Species To Be 
Listed.--
            ``(1) In general.--After the end of the 12-month period 
        beginning on the date of enactment of the Endangered Species 
        Relisting Act of 1995, a covered species shall not be 
        considered to be an endangered species or threatened species 
        for purposes of this Act and shall not be included or 
        considered to be included in any list published under 
        subsection (c) unless before the end of such 12-month period 
        either--
                    ``(A) in the case of a species described in 
                paragraph (4)(A), a petition is filed under section 
                553(e) of title 5, United States Code, to relist that 
                species on such list and the review of such petition is 
                completed by the Secretary according to the criteria 
                set forth in subsection (k); or
                    ``(B) in response to a petition or on the 
                Secretary's own initiative, the Secretary determines in 
                accordance with paragraph (2) that the species is 
                certain to become extinct, or will be placed on an 
                irreversible course to extinction, over the 24-month 
                period beginning on the date of the determination.
            ``(2) Emergency listing requirements.--
                    ``(A) A determination under paragraph (1)(B) must 
                be based on the best scientific and commercial data 
                available, and must be subject to comment, after 
                publication in the Federal Register, for a period of 60 
                days, prior to taking effect.
                    ``(B) The Secretary may utilize information 
                contained in a recovery plan developed prior to the 
                date of the enactment of the Endangered Species 
                Relisting Act of 1995 with respect to a species, in 
                making a determination under paragraph (1)(B).
                    ``(C) A determination of the Secretary under 
                paragraph (1)(B)--
                            ``(i) shall be published in the Federal 
                        Register;
                            ``(ii) shall contain a response to all 
                        comments filed under subparagraph (B); and
                            ``(iii) shall be subject to judicial 
                        review.
                    ``(D) After the end of the 24-month period 
                beginning on the date the Secretary publishes a 
                determination under paragraph (1)(B) for a species, the 
                species shall not be considered to be an endangered 
                species or threatened species for purposes of this Act 
                and shall not be included or considered to be included 
                in any list published under subsection (c), unless 
                before the end of that period the Secretary determines 
                in accordance with subsections (a), (b), and (c) to add 
                the species to such a list.
            ``(3) Annual reports.--Not later than 1 year after the date 
        of the enactment of the Endangered Species Relisting Act of 
        1995 and annually thereafter, the Secretary shall submit a 
        report to the Congress on the implementation of this 
        subsection, including on progress made in considering petitions 
        referred to in paragraph (1) (A) and (B).
            ``(4) Covered species defined.--In this subsection the term 
        `covered species' means a species--
                    ``(A) which on the date of enactment of the 
                Endangered Species Relisting Act of 1995 is included in 
                a list published under subsection (c); or
                    ``(B) for which a notice is published under 
                subsection (b)(5)(A)(i) before that date of 
                enactment.''.
    (b) Conforming Amendment.--Section 4(b)(3)(A) of such Act (16 
U.S.C. 1533(b)(3)(A)) is amended in the first sentence by inserting ``, 
to relist a species on,'' after ``add a species to,''.

SEC. 3. PEER REVIEW REQUIREMENT.

    Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is 
further amended by adding at the end the following new subsection:
    ``(k) Peer Review Requirements.--
            ``(1) Requirements.--The Secretary--
                    ``(A) may not take any action described in 
                paragraph (2) based on any data, result, or 
                determination unless the data, result, or determination 
                has undergone peer review in accordance with 
                subparagraph (B); and
                    ``(B) shall submit to peer review, by at least 3 
                independent reviewers selected by the Secretary from 
                among individuals recommended by the National Academy 
                of Sciences--
                            ``(i) all data, results, and determinations 
                        that are the basis of an action described in 
                        paragraph (2), and
                            ``(ii) all data that is timely submitted to 
                        the Secretary by any person likely to be 
                        affected by an action described in paragraph 
                        (2), and that the Secretary determines to be of 
                        substantial scientific value.
            ``(2) Actions described.--The actions referred to in 
        paragraph (1) are the following:
                    ``(A) The inclusion of a species in, retention of a 
                species on, or removal of a species from a list 
                published under subsection (c).
                    ``(B) The development, revision, approval, or 
                implementation of a recovery plan under subsection (f).
            ``(3) Publication.--The Secretary shall publish--
                    ``(A) the results of any peer review conducted 
                under paragraph (1); and
                    ``(B) in the case of peer review conducted under 
                paragraph (1) for an action described in paragraph (2), 
                all other materials that are relevant to the decision 
                to take the action.
            ``(4) Obtaining recommendations.--The Secretary shall--
                    ``(A) take appropriate action to obtain from the 
                National Academy of Sciences recommendations of 
                individuals to perform peer review under paragraph 
                (1)(B); and
                    ``(B) in the case of economic analyses, consult 
                with appropriate scientific board to obtain 
                recommendations of individuals with economic expertise 
                to perform peer review under paragraph (1)(B).''.

SEC. 4. DEADLINE FOR DEVELOPMENT OF RECOVERY PLANS.

    Section 4(f) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(f)) is amended by adding at the end the following new paragraph:
    ``(6) The Secretary shall--
                    ``(A) begin developing a recovery plan required for 
                a species under paragraph (1) and publish notice of the 
                intent of the Secretary to develop such a plan, before 
                the end of the 30-day period beginning on the date the 
                Secretary publishes notice of the listing of the 
                species under subsection (c); and
                    ``(B) issue such a plan in final form, or submit to 
                the appropriate committees of the Congress the reasons 
                why such a plan has not been issued, before the end of 
                the 12-month period beginning on the date of 
                publication of such notice.
    ``(7)(A) Any person affected by the listing of a species under 
subsection (c) may submit a proposed recovery plan for the species to 
the Secretary. The Secretary, in the notice required under paragraph 
(6)(A), shall encourage submission of such proposed recovery plans.
    ``(B) For any species for which one or more proposed recovery plans 
are submitted under subparagraph (A) that would adequately promote the 
conservation and survival of a species, the Secretary shall adopt as 
the final recovery plan required for the species under this subsection 
the proposed plan that, among all proposed plans submitted, would--
            ``(i) impose the lowest costs on persons affected by the 
        plan;
            ``(ii) to the greatest extent possible, apply to more than 
        one species; and
            ``(iii) not result in a prohibition of use of the land or 
        water for other purposes.''.

SEC. 5 INCIDENTAL TAKE IN COURSE OF NORMAL ACTIVITIES.

    Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is 
further amended by adding at the end the following new subsection:
    ``(l) Incidental Take.--
            ``(1) In general.--Notwithstanding the provisions of 
        section 9(a), a taking that occurs in the course of an activity 
        described in paragraph (2) is not prohibited by this Act if the 
        taking is de minimis in nature and merely incidental to the 
        activity.
            ``(2) Covered activities.--The activities referred to in 
        paragraph (1) are the following:
                    ``(A) Any action by a State or local government 
                agency to respond to, prevent, or mitigate an 
                emergency.
                    ``(B) Operation, repair, or minor alteration of an 
                existing facility.
                    ``(C) Construction of a minor structure adjacent to 
                an existing facility.
                    ``(D) Clearing of land adjacent to an existing 
                structure to comply with a fire code, or to reasonably 
                protect property.
                    ``(E) Use of land for agricultural production, or, 
                if previously zoned for agricultural production, for 
                any use not more intensive than agricultural activity.
                    ``(F) Any action reasonably needed to protect a 
                human from injury or death.
                    ``(G) Any other lawful activity that is approved by 
                a State or local government.''.