I 

116TH CONGRESS 

2D SESSION H. R. 5705 

To amend the Endangered Species Act of 1973 to restrict the Secretary’s 

ability to alter permits, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 29, 2020 

Ms. CHENEY (for herself, Mr. GOSAR, Mr. MCCLINTOCK, Mr. NEWHOUSE, Mr. 

NORMAN, Mr. GIANFORTE, Mr. CRAWFORD, and Mr. ARMSTRONG) introduced the following bill; which was referred to the Committee on Natural 

Resources, and in addition to the Committee on Agriculture, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To amend the Endangered Species Act of 1973 to restrict 

the Secretary’s ability to alter permits, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Increasing Access and 

5 Multiple Use Act of 2020’’. 


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1 SEC. 2. PERMIT CERTAINTY. 

2 The Endangered Species Act of 1973 (16 U.S.C. 

3 1531 et seq.) is amended by adding at the end the fol4 lowing: 

5 ‘‘SEC. 19. PERMIT CHANGES. 

6 ‘‘(a) IN GENERAL.—If the holder of a permit issued 

7 under this Act for other than scientific purposes is in com8 pliance with the terms and conditions of the permit, the 

9 Secretary may not require the holder, without the consent 

10 of the holder, to adopt any new minimization, mitigation, 

11 or other measure with respect to any species adequately 

12 covered by the permit during the term of the permit, ex13 cept as provided in subsections (b) and (c) to meet cir14 cumstances that have changed subsequent to the issuance 

15 of the permit. 

16 ‘‘(b) CHANGED CIRCUMSTANCES IDENTIFIED IN

17 PERMIT.—For any circumstance identified in a permit 

18 under this Act that has changed, the Secretary may, in 

19 the absence of consent of the permit holder, require only 

20 such additional minimization, mitigation, or other meas21 ures as are already provided in the permit or incorporated 

22 document for such changed circumstance. 

23 ‘‘(c) CHANGED CIRCUMSTANCES NOT IDENTIFIED IN

24 PERMIT.—For any changed circumstance not identified in 

25 a permit under this Act, the Secretary may, in the absence 

26 of consent of the permit holder, require only such addiVerDate Sep 11 2014 23:41 Jan 31, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5705.IH H5705

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1 tional minimization, mitigation, or other measures to ad2 dress such changed circumstance that do not involve the 

3 commitment of any additional land, water, or financial 

4 compensation not otherwise committed, or the imposition 

5 of additional restrictions on the use of any land, water 

6 or other natural resources otherwise available for develop7 ment or use, under the original terms and conditions of 

8 the permit or incorporated document. 

9 ‘‘(d) BURDEN OF PROOF.—The Secretary shall have 

10 the burden of proof in demonstrating and documenting, 

11 with the best available scientific data, the occurrence of 

12 any changed circumstances for purposes of this section.’’. 

13 SEC. 3. NO NET LOSS. 

14 A critical habitat designation or listing of a species 

15 under the Endangered Species Act of 1973 (16 U.S.C. 

16 1531 et seq.) shall not result in a net loss of acreage, per17 mits, or leases within grazing allotments or other multiple 

18 use activities. 

19 SEC. 4. PRESENCE OF A SPECIES. 

20 The presence of critical habitat or a species listed 

21 under the Endangered Species Act shall not the result in 

22 the denial of any Federal permit, lease, or expansion of 

23 multiple use activities based on the presence of the species 

24 or habitat. 


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1 SEC. 5. CONSULTATION REQUIREMENT. 

2 The Secretary may not designate lands as critical 

3 habitat unless, before such designation, the Secretary— 

4 (1) consults with each community, county, mu5 nicipality, city, town, or township with boundaries 

6 within or adjacent to lands affected by such designa7 tion; and 

8 (2) obtains the concurrence for the designation 

9 from— 

10 (A) the governing body of each entity de11 scribed in paragraph (1); and 

12 (B) the wildlife management and land 

13 management authorities and governor of each 

14 State in which all or part of the new or ex15 panded critical habitat would be located. 

16 SEC. 6. RECREATIONAL FISHING AND HUNTING HERITAGE 

17 OPPORTUNITIES ACT. 

18 (a) DEFINITIONS.—In this section: 

19 (1) FEDERAL PUBLIC LAND.—The term ‘‘Fed20 eral public land’’ means any land or water that is 

21 owned and managed by the Bureau of Land Man22 agement or the Forest Service. 

23 (2) FEDERAL PUBLIC LAND MANAGEMENT OF24 FICIALS.—The term ‘‘Federal public land manage25 ment officials’’ means— 


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1 (A) the Secretary of the Interior and the 

2 Director of the Bureau of Land Management 

3 regarding Bureau of Land Management lands 

4 and waters; and 

5 (B) the Secretary of Agriculture and the 

6 Chief of the Forest Service regarding the Na7 tional Forest System. 

8 (3) HUNTING.— 

9 (A) IN GENERAL.—Except as provided in 

10 clause (ii), the term ‘‘hunting’’ means use of a 

11 firearm, bow, or other authorized means in the 

12 lawful— 

13 (i) pursuit, shooting, capture, collec14 tion, trapping, or killing of wildlife; 

15 (ii) attempt to pursue, shoot, capture, 

16 collect, trap, or kill wildlife; or 

17 (iii) the training of hunting dogs, in18 cluding field trials. 

19 (B) EXCLUSION.—The term ‘‘hunting’’ 

20 does not include the use of skilled volunteers to 

21 cull excess animals (as defined by other Federal 

22 law). 

23 (4) RECREATIONAL FISHING.—The term ‘‘rec24 reational fishing’’ means the lawful— 


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1 (A) pursuit, capture, collection, or killing 

2 of fish; or 

3 (B) attempt to capture, collect, or kill fish. 

4 (5) RECREATIONAL SHOOTING.—The term 

5 ‘‘recreational shooting’’ means any form of sport, 

6 training, competition, or pastime, whether formal or 

7 informal, that involves the discharge of a rifle, hand8 gun, or shotgun, or the use of a bow and arrow. 

9 (b) RECREATIONAL FISHING, HUNTING, AND SHOOT10 ING.— 

11 (1) IN GENERAL.—Subject to valid existing 

12 rights and paragraph (7), and cooperation with the 

13 respective State fish and wildlife agency, Federal 

14 public land management officials shall exercise au15 thority under existing law, including provisions re16 garding land use planning, to facilitate use of and 

17 access to Federal public lands, including National 

18 Monuments, Wilderness Areas, Wilderness Study 

19 Areas, and lands administratively classified as wil20 derness eligible or suitable and primitive or semi21 primitive areas, for recreational fishing, hunting, 

22 and shooting, except as limited by— 

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1 tional security, public safety, or resource con2 servation; 

3 (B) any other Federal statute that specifi4 cally precludes recreational fishing, hunting, or 

5 shooting on specific Federal public lands, 

6 waters, or units thereof; or 

7 (C) discretionary limitations on rec8 reational fishing, hunting, and shooting deter9 mined to be necessary and reasonable as sup10 ported by the best scientific evidence and ad11 vanced through a transparent public process. 

12 (2) MANAGEMENT.—Consistent with paragraph 

13 (1), the head of each Federal public land manage14 ment agency shall exercise its land management dis15 cretion— 

16 (A) in a manner that supports and facili17 tates recreational fishing, hunting, and shooting 

18 opportunities; 

19 (B) to the extent authorized under applica20 ble State law; and 

21 (C) in accordance with applicable Federal 

22 law. 

23 (3) PLANNING.— 

24 (A) EVALUATION OF EFFECTS ON OPPOR25 TUNITIES TO ENGAGE IN RECREATIONAL FISHVerDate Sep 11 2014 23:41 Jan 31, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5705.IH H5705

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1 ING, HUNTING, OR SHOOTING.—Federal public 

2 land planning documents, including land re3 sources management plans, resource manage4 ment plans, and comprehensive conservation 

5 plans, shall include a specific evaluation of the 

6 effects of such plans on opportunities to engage 

7 in recreational fishing, hunting, or shooting. 

8 (B) NO MAJOR FEDERAL ACTION.—No ac9 tion taken under this title, or under section 4 

10 of the National Wildlife Refuge System Admin11 istration Act of 1966 (16 U.S.C. 668dd), either 

12 individually or cumulatively with other actions 

13 involving Federal public lands or lands man14 aged by the United States Fish and Wildlife 

15 Service, shall be considered under the National 

16 Environmental Policy Act of 1969 (42 U.S.C. 

17 4321 et seq.) to be a major Federal action sig18 nificantly affecting the quality of the human en19 vironment, and no additional identification, 

20 analysis, or consideration of environmental ef21 fects, including cumulative effects, is necessary 

22 or required with respect to such an action. 

23 (C) OTHER ACTIVITY NOT CONSIDERED.— 

24 Federal public land management officials are 

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1 ability of recreational fishing, hunting, or shoot2 ing opportunities on adjacent or nearby public 

3 or private lands in the planning for or deter4 mination of which Federal public lands are 

5 open for these activities or in the setting of lev6 els of use for these activities on Federal public 

7 lands, unless the combination or coordination of 

8 such opportunities would enhance the rec9 reational fishing, hunting, or shooting opportu10 nities available to the public. 

11 (4) FEDERAL PUBLIC LANDS.— 

12 (A) LANDS OPEN.—Notwithstanding any 

13 other law, lands under the jurisdiction of the 

14 Bureau of Land Management or the Forest 

15 Service, including Wilderness Areas, Wilderness 

16 Study Areas, lands designated as wilderness or 

17 administratively classified as wilderness eligible 

18 or suitable and primitive or semi-primitive areas 

19 and National Monuments, but excluding lands 

20 on the Outer Continental Shelf, shall be open to 

21 recreational fishing, hunting, and shooting un22 less the managing Federal agency acts to close 

23 lands to such activity. Lands may be made sub24 ject to closure to or restriction on recreational 

25 fishing, hunting, or shooting if determined by 


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1 the head of the agency concerned to be nec2 essary and reasonable and supported by facts 

3 and evidence, for purposes including resource 

4 conservation, public safety, energy or mineral 

5 production, energy generation or transmission 

6 infrastructure, water supply facilities, protec7 tion of other permittees, protection of private 

8 property rights or interest, national security, or 

9 compliance with other law. 

10 (B) SHOOTING RANGES.— 

11 (i) IN GENERAL.—The head of each 

12 Federal agency shall use his or her au13 thorities in a manner consistent with this 

14 title and other applicable law, to— 

15 (I) lease or permit use of lands 

16 under the jurisdiction of the agency 

17 for shooting ranges; and 

18 (II) designate specific lands 

19 under the jurisdiction of the agency 

20 for recreational shooting activities. 

21 (ii) LIMITATION ON LIABILITY.—Any 

22 designation under clause (i)(II) shall not 

23 subject the United States to any civil ac24 tion or claim for monetary damages for in25 jury or loss of property or personal injury 


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1 or death caused by any activity occurring 

2 at or on such designated lands. 

3 (5) NECESSITY IN WILDERNESS AREAS AND

4 ‘‘WITHIN AND SUPPLEMENTAL TO’’ WILDERNESS

5 PURPOSES.— 

6 (A) MINIMUM REQUIREMENTS FOR ADMIN7 ISTRATION.—The provision of opportunities for 

8 recreational fishing, hunting, and shooting and 

9 the conservation of fish and wildlife to provide 

10 sustainable use recreational opportunities on 

11 designated Federal wilderness areas shall con12 stitute measures necessary to meet the min13 imum requirements for the administration of 

14 the wilderness area, provided that this deter15 mination shall not authorize or facilitate com16 modity development, use, or extraction, motor17 ized recreational access or use that is not other18 wise allowed under the Wilderness Act (16 

19 U.S.C. 1131 et seq.), or permanent road con20 struction or maintenance within designated wil21 derness areas. 

22 (B) APPLICATION OF WILDERNESS ACT.— 

23 Provisions of the Wilderness Act (16 U.S.C. 

24 1131 et seq.), stipulating that wilderness pur25 poses are ‘‘within and supplemental to’’ the 


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1 purposes of the underlying Federal land unit 

2 are reaffirmed. When seeking to carry out fish 

3 and wildlife conservation programs and projects 

4 or provide fish and wildlife dependent recre5 ation opportunities on designated wilderness 

6 areas, the head of each Federal agency shall 

7 implement these supplemental purposes so as to 

8 facilitate, enhance, or both, but not to impede 

9 the underlying Federal land purposes when 

10 seeking to carry out fish and wildlife conserva11 tion programs and projects or provide fish and 

12 wildlife dependent recreation opportunities in 

13 designated wilderness areas, provided that such 

14 implementation shall not authorize or facilitate 

15 commodity development, use or extraction, or 

16 permanent road construction or use within des17 ignated wilderness areas. 

18 (6) REPORT.—Beginning on the second October 

19 1 after the date of the enactment of this Act and bi20 ennially on October 1 thereafter, the head of each 

21 Federal agency who has authority to manage Fed22 eral public land on which recreational fishing, hunt23 ing, or shooting occurs shall submit to the Com24 mittee on Natural Resources of the House of Rep25 resentatives and the Committee on Energy and NatVerDate Sep 11 2014 23:41 Jan 31, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H5705.IH H5705

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1 ural Resources of the Senate a report that de2 scribes— 

3 (A) any Federal public land administered 

4 by the agency head that was closed to rec5 reational fishing, hunting, or shooting at any 

6 time during the preceding year; and 

7 (B) the reason for the closure. 

8 (7) CLOSURES OR SIGNIFICANT RESTRICTIONS

9 OF 640 OR MORE ACRES.— 

10 (A) IN GENERAL.—Other than closures es11 tablished or prescribed by land planning actions 

12 referred to in paragraph (4) or emergency clo13 sures described in subparagraph (C), a perma14 nent or temporary withdrawal, change of classi15 fication, or change of management status of 

16 Federal public land that effectively closes or 

17 significantly restricts 640 or more contiguous 

18 acres of Federal public land to access or use for 

19 recreational fishing or hunting or activities re20 lated to recreational fishing or hunting, or both, 

21 shall take effect only if, before the date of with22 drawal or change, the head of the Federal agen23 cy that has jurisdiction over the Federal public 

24 land— 


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1 (i) publishes appropriate notice of the 

2 withdrawal or change, respectively; 

3 (ii) demonstrates that coordination 

4 has occurred with a State fish and wildlife 

5 agency; and 

6 (iii) submits to the Committee on 

7 Natural Resources of the House of Rep8 resentatives and the Committee on Energy 

9 and Natural Resources of the Senate writ10 ten notice of the withdrawal or change, re11 spectively. 

12 (B) AGGREGATE OR CUMULATIVE EF13 FECTS.—If the aggregate or cumulative effect 

14 of separate withdrawals or changes effectively 

15 closes or significantly restricts 1,280 or more 

16 acres of land or water, such withdrawals and 

17 changes shall be treated as a single withdrawal 

18 or change for purposes of subparagraph (A). 

19 (C) EMERGENCY CLOSURES.—Nothing in 

20 this title prohibits a Federal land management 

21 agency from establishing or implementing emer22 gency closures or restrictions of the smallest 

23 practicable area to provide for public safety, re24 source conservation, national security, or other 

25 purposes authorized by law. Such an emergency 


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1 closure shall terminate after a reasonable period 

2 of time unless converted to a permanent closure 

3 consistent with this section. 

4 (8) NATIONAL PARK SERVICE UNITS NOT AF5 FECTED.—Nothing in this title shall affect or modify 

6 management or use of units of the National Park 

7 System. 

8 (9) NO PRIORITY.—Nothing in this title re9 quires a Federal land management agency to give 

10 preference to recreational fishing, hunting, or shoot11 ing over other uses of Federal public land or over 

12 land or water management priorities established by 

13 Federal law. 

14 (10) CONSULTATION WITH COUNCILS.—In ful15 filling the duties set forth in this section, the heads 

16 of Federal agencies shall consult with respective ad17 visory councils as established in Executive Order 

18 Nos. 12962 and 13443. 

19 (11) AUTHORITY OF THE STATES.— 

20 (A) IN GENERAL.—Nothing in this title 

21 shall be construed as interfering with, dimin22 ishing, or conflicting with the authority, juris23 diction, or responsibility of any State to exercise 

24 primary management, control, or regulation of 

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1 ulations) on land or water within the State, in2 cluding on Federal public land. 

3 (B) FEDERAL LICENSES.—Nothing in this 

4 title shall be construed to authorize the head of 

5 a Federal agency to require a license, fee, or 

6 permit to fish, hunt, or trap on land or water 

7 in a State, including on Federal public land in 

8 the States, except that this paragraph shall not 

9 affect the Migratory Bird Stamp requirement 

10 set forth in the Migratory Bird Hunting and 

11 Conservation Stamp Act (16 U.S.C. 718 et 

12 seq.). 

13 (c) VOLUNTEER HUNTERS; REPORTS; CLOSURES

14 AND RESTRICTIONS.— 

15 (1) DEFINITIONS.—For the purposes of this 

16 subsection: 

17 (A) PUBLIC LAND.—The term ‘‘public 

18 land’’ means— 

19 (i) units of the National Park System; 

20 (ii) National Forest System lands; 

21 and 

22 (iii) land and interests in land owned 

23 by the United States and under the admin24 istrative jurisdiction of— 


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1 (I) the United States Fish and 

2 Wildlife Service; or 

3 (II) the Bureau of Land Manage4 ment. 

5 (B) SECRETARY.—The term ‘‘Secretary’’ 

6 means— 

7 (i) the Secretary of the Interior and 

8 includes the Director of the National Park 

9 Service, with regard to units of the Na10 tional Park System; 

11 (ii) the Secretary of the Interior and 

12 includes the Director of the United States 

13 Fish and Wildlife Service, with regard to 

14 United States Fish and Wildlife Service 

15 lands and waters; 

16 (iii) the Secretary of the Interior and 

17 includes the Director of the Bureau of 

18 Land Management, with regard to Bureau 

19 of Land Management lands and waters; 

20 and 

21 (iv) the Secretary of Agriculture and 

22 includes the Chief of the Forest Service, 

23 with regard to National Forest System 

24 lands. 


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1 (C) VOLUNTEER FROM THE HUNTING

2 COMMUNITY.—The term ‘‘volunteer from the 

3 hunting community’’ means a volunteer who 

4 holds a valid hunting license issued by a State. 

5 (2) VOLUNTEER HUNTERS.—When planning 

6 wildlife management involving reducing the size of a 

7 wildlife population on public land, the Secretary 

8 shall consider the use of and may use volunteers 

9 from the hunting community as agents to assist in 

10 carrying out wildlife management on public land. 

11 The Secretary shall not reject the use of volunteers 

12 from the hunting community as agents without the 

13 concurrence of the appropriate State wildlife man14 agement authorities. 

15 (3) REPORT.—Beginning on the second October 

16 1 after the date of the enactment of this Act and bi17 ennially on October 1 thereafter, the Secretary shall 

18 submit to the Committee on Natural Resources of 

19 the House of Representatives and the Committee on 

20 Energy and Natural Resources of the Senate a re21 port that describes— 

22 (A) any public land administered by the 

23 Secretary that was closed to fishing, hunting, 

24 and recreational shooting at any time during 

25 the preceding year; and 


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1 (B) the reason for the closure. 

2 (4) CLOSURES OR SIGNIFICANT RESTRIC3 TIONS.— 

4 (A) IN GENERAL.—Other than closures es5 tablished or prescribed by land planning actions 

6 referred to in subparagraph (B), a permanent 

7 or temporary withdrawal, change of classifica8 tion, or change of management status of public 

9 land that effectively closes or significantly re10 stricts any acreage of public land to access or 

11 use for fishing, hunting, recreational shooting, 

12 or activities related to fishing, hunting, or rec13 reational shooting, or a combination of those 

14 activities, shall take effect only if, before the 

15 date of withdrawal or change, the Secretary— 

16 (i) publishes appropriate notice of the 

17 withdrawal or change, respectively; 

18 (ii) demonstrates that coordination 

19 has occurred with a State fish and wildlife 

20 agency; and 

21 (iii) submits to the Committee on 

22 Natural Resources of the House of Rep23 resentatives and the Committee on Energy 

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1 ten notice of the withdrawal or change, re2 spectively. 

3 (B) EMERGENCY CLOSURES.—Nothing in 

4 this section prohibits the Secretary from estab5 lishing or implementing emergency closures or 

6 restrictions of the smallest practicable area to 

7 provide for public safety, resource conservation, 

8 national security, or other purposes authorized 

9 by law. Such an emergency closure shall termi10 nate after a reasonable period of time unless 

11 converted to a permanent closure consistent 

12 with this section. 

13 SEC. 7. HUNTING AND RECREATIONAL FISHING WITHIN 

14 THE NATIONAL FOREST SYSTEM AND NA15 TIONAL WILDLIFE REFUGE SYSTEM. 

16 The Secretary concerned may not establish policies, 

17 directives, or regulations that restrict the type, season, or 

18 method of hunting or recreational fishing on lands within 

19 the National Forest System or National Wildlife Refuge 

20 System that are otherwise open to those activities. 

21 SEC. 8. ROADS AND TRAILS WITHIN THE NATIONAL FOREST 

22 SYSTEM AND NATIONAL WILDLIFE REFUGE 

23 SYSTEM. 

24 The Secretary concerned may not establish policies, 

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1 lic lands, including any change in access to claims, leases, 

2 or access using motorized vehicles or nonmotorized means 

3 resulting from— 

4 (1) the decommissioning in whole or in part of 

5 a road, trail, or combination road and trail system; 

6 (2) a change in the status of a road as open or 

7 closed; or 

8 (3) a change in road densities. 

9 SEC. 9. VACANT GRAZING ALLOTMENTS MADE AVAILABLE 

10 TO CERTAIN GRAZING PERMIT HOLDERS. 

11 (a) IN GENERAL.—The Secretary concerned shall, to 

12 the maximum extent practicable, make vacant grazing al13 lotments available to a holder of a grazing permit or lease 

14 issued by such Secretary if the such Secretary determines 

15 that the lands covered by such permit or lease are unus16 able because of— 

17 (1) a natural disaster (including a drought or 

18 wildfire); 

19 (2) court-issued injunction; or 

20 (3) a conflict with wildlife. 

21 (b) TERMS AND CONDITIONS.—The terms and condi22 tions contained in a permit or lease for a vacant grazing 

23 allotment made available pursuant to subsection (a) shall 

24 be the terms and conditions of the most recent permit or 

25 lease that was applicable to such allotment. If the terms 


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1 and conditions of the most recent permit or lease do not 

2 support the maximum allowable access, the permit or lease 

3 holder shall have immediate access to the allotment under 

4 the terms and conditions of the most recent permit or 

5 lease and the Secretary and the permit or lease holder 

6 shall enter into a negotiation not to exceed 30 days to 

7 achieve accessible use that is equal or greater than the 

8 use of a lease or permit that the Secretary concerned de9 termines unusable under subsection (a). 

10 (c) COURT-ISSUED INJUNCTIONS.—A court may not 

11 issue any order enjoining the use of any allotment for 

12 which a permit or lease has been issued by the Secretary 

13 concerned and continues in effect unless the Secretary 

14 concerned can make a vacant grazing allotment available 

15 to the holder of such permit or lease. 

16 (d) ENVIRONMENTAL ASSESSMENT UNDER THE NA17 TIONAL ENVIRONMENTAL POLICY ACT.—Activities car18 ried out by the Secretary concerned pursuant to sub19 section (a) are a category of actions hereby designated as 

20 being categorically excluded from the preparation of an 

21 environmental assessment or an environmental impact 

22 statement under section 102 of the National Environ23 mental Policy Act of 1969 (42 U.S.C. 4332). 


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1 SEC. 10. CERTAIN ACTIONS DEEMED IN COMPLIANCE. 

2 (a) ACTIONS DEEMED IN COMPLIANCE.—During the 

3 period beginning on the date of the enactment of this Act 

4 and ending on the date described in subsection (b), any 

5 action that is taken by a Federal agency, State agency, 

6 or other person and that complies with the Federal Insec7 ticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et 

8 seq.) is deemed to comply with sections 7(a)(2) and 

9 9(a)(1)(B) of the Endangered Species Act of 1973 (16 

10 U.S.C. 1536(a)(2), 1538(a)(1)(B)) (as amended by this 

11 Act) and regulations issued under section 4(d) of such Act 

12 (16 U.S.C. 1533(d)). 

13 (b) TERMINATION DATE.—The date referred to in 

14 subsection (a) is the earlier of— 

15 (1) the date that is 5 years after the date of en16 actment of this Act; and 

17 (2) the date of the completion of any procedure 

18 required under subpart D of part 402 of title 50, 

19 Code of Federal Regulations, with respect to the ac20 tion referred to in subsection (a). 

21 (c) LIMITATION ON APPLICATION.—This section shall 

22 not affect any procedure pursuant to part 402 of title 50, 

23 Code of Federal Regulations, that is required by any court 

24 order issued before the date of the enactment of this Act. 


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1 SEC. 11. REIMBURSEMENT FOR DEPREDATION OF LIVE2 STOCK BY REINTRODUCED SPECIES. 

3 (a) IN GENERAL.—The Secretary of the Interior, act4 ing through the Director of the United States Fish and 

5 Wildlife Service, may reimburse the owner of livestock for 

6 any loss of livestock resulting from depredation by any 

7 population of a species if the population is listed under 

8 as threatened or endangered under the Endangered Spe9 cies Act of 1973 (16 U.S.C. 1531 et seq.) and includes 

10 or derives from members of the species that were reintro11 duced into the wild. 

12 (b) LIMITATION ON REQUIREMENT TO PRESENT

13 BODY.—The Secretary may not require the owner of live14 stock to present the body of individual livestock as a condi15 tion of payment of reimbursement under this section. 

16 (c) USE OF DONATIONS.—The Secretary may accept 

17 and use donations of funds to pay reimbursement under 

18 this section. 

19 SEC. 12. DEFINITIONS. 

20 In this Act: 

21 (1) The term ‘‘Secretary’’ means the Secretary 

22 of the Interior. 

23 (2) The term ‘‘Secretary concerned’’ means— 

24 (A) the Secretary of Agriculture, with re25 spect to National Forest System Lands; and 


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1 (B) the Secretary of the Interior, with re2 spect to public land. 

Æ 


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