I 

111TH CONGRESS 

1ST SESSION H. R. 1914 

To amend the Endangered Species Act of 1973 to provide for the suspension 

of each provision of the Act during periods of drought with respect 

to Federal and State agencies that manage Federal river basins that 

are located in each region affected by the drought. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 2, 2009 

Mr. DEAL of Georgia (for himself, Mr. BROUN of Georgia, Mr. LINDER, and 

Mr. WESTMORELAND) introduced the following bill; which was referred 

to the Committee on Natural Resources 

A BILL 

To amend the Endangered Species Act of 1973 to provide 

for the suspension of each provision of the Act during 

periods of drought with respect to Federal and State 

agencies that manage Federal river basins that are located in each region affected by the drought. 

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


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1 SECTION 1. SUSPENSION OF PROVISIONS DURING PERIODS 

2 OF DROUGHT WITH RESPECT TO CERTAIN 

3 FEDERAL AND STATE AGENCIES. 

4 Section 10 of the Endangered Species Act of 1973 

5 (16 U.S.C. 1539) is amended by adding at the end the 

6 following: 

7 ‘‘(k) SUSPENSION OF PROVISIONS DURING PERIODS

8 OF DROUGHT WITH RESPECT TO CERTAIN FEDERAL AND

9 STATE AGENCIES.— 

10 ‘‘(1) REQUIREMENTS FOR SUSPENSION.—With 

11 respect to a Federal or State agency that manages 

12 a Federal river basin, each provision of this Act 

13 shall be suspended if— 

14 ‘‘(A) the Secretary of the Army (acting 

15 through the Chief of Engineers) determines 

16 that— 

17 ‘‘(i) a drought is in effect in a region 

18 in which there is located a Federal river 

19 basin that is managed by the Federal or 

20 State agency; and 

21 ‘‘(ii) the drought described in clause 

22 (i) presents a threat to the health, safety, 

23 or welfare of the population that is located 

24 in the region; or 

25 ‘‘(B) the Governor of the State (or des26 ignee) in which a Federal river basin that is 


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1 managed by the Federal or State agency is lo2 cated determines that— 

3 ‘‘(i) a drought is in effect in a region 

4 in which there is located a Federal river 

5 basin that is managed by the Federal or 

6 State agency; and 

7 ‘‘(ii) the drought described in clause 

8 (i) presents a threat to the health, safety, 

9 or welfare of the population that is located 

10 in the region. 

11 ‘‘(2) TERMINATION OF SUSPENSION.—A tem12 porary suspension of each provision of this Act 

13 under paragraph (1) shall terminate on the date on 

14 which, as appropriate— 

15 ‘‘(A) the Secretary of the Army (acting 

16 through the Chief of Engineers) determines 

17 that a drought is no longer in effect in the re18 gion in which the relevant Federal river basin 

19 is located; or 

20 ‘‘(B) the Governor of the State (or des21 ignee) in which the Federal river basin that is 

22 managed by the Federal or State agency is lo23 cated determines that a drought is no longer in 


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1 effect in the region of the State in which the 

2 relevant Federal river basin is located.’’. 

Æ 


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