I 

108TH CONGRESS 

1ST SESSION H. R. 1965

To amend the Endangered Species Act of 1973 to limit the application 

of that Act with respect to actions on military land or private land 

and to provide incentives for voluntary habitat maintenance, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 6, 2003

Mr. GIBBONS introduced the following bill; which was referred to the 

Committee on Resources 

A BILL

To amend the Endangered Species Act of 1973 to limit 

the application of that Act with respect to actions on 

military land or private land and to provide incentives 

for voluntary habitat maintenance, 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 ‘‘Property Protection 

5 and Encouragement Act’’. 
2

•HR 1965 IH 

1 SEC. 2. LIMITATION ON APPLICATION OF CONSULTATION 

2 REQUIREMENTS WITH RESPECT TO ACTION 

3 ON MILITARY LAND OR PRIVATE LAND. 

4 Section 7(a) of the Endangered Species Act of 1973 

5 (16 U.S.C. 1536) is amended by adding at the end the 

6 following: 

7 ‘‘(5) This section does not apply with respect to 

8 an agency action that—

9 ‘‘(A) is authorized, funded, or carried out 

10 by the Department of Defense and that occurs 

11 on land that is under the administrative juris12 diction of the Department of Defense; or 

13 ‘‘(B) occurs on land that is privately 

14 owned.’’. 

15 SEC. 3. LIMITATION ON APPLICATION OF TAKING PROHIBI16 TION WITH RESPECT TO ACTION ON MILI17 TARY LAND OR PRIVATE LAND. 

18 Section 9(a) of the Endangered Species Act of 1973 

19 (16 U.S.C. 1538(a)) is amended—

20 (1) in paragraph (1) in the matter preceding 

21 subparagraph (A) by inserting ‘‘paragraph (3) of 

22 this subsection or in’’ after ‘‘Except as provided in’’; 

23 and 

24 (2) by adding at the end the following: 

25 ‘‘(3) Paragraph (1)(B) does not prohibit any 

26 act or omission that occurs on land that is under the 
3

•HR 1965 IH 

1 administrative jurisdiction of the Department of De2 fense or on land that is privately owned.’’. 

3 SEC. 4. VOLUNTARY HABITAT MAINTENANCE PROGRAM. 

4 Notwithstanding any other provision of law, the Sec5 retary of the Interior shall create a voluntary program to 

6 use funds transferred under section 2507 of the Farm Se7 curity and Rural Investment Act of 2002 (Public Law 

8 107–171; 116 Stat. 275; 43 U.S.C. 2211 note), to make 

9 payments to private land owners whose property right or 

10 water right has or is a habitat for a threatened or endan11 gered species and who voluntarily elect to enroll into the 

12 program in order to maintain habitat for a threatened spe13 cies or endangered species. The Secretary shall make pay14 ments under this section to be determined by the Sec15 retary to each private land owner whose property right or 

16 water right has or is a habitat for a threatened or endan17 gered species and who has voluntarily elected to enroll into 

18 the program created by the Secretary. The Secretary shall 

19 issue regulations implementing this program no later than 

20 90 days after the date of enactment of this Act.

Æ