I

104TH CONGRESS

1ST SESSION H. R. 2253

To amend the Endangered Species Act of 1973 to create a mechanism

by which information may flow between local communities and governments and the Federal Government regarding the designation of critical

habitat and the establishment of National Wildlife Refuges under that

Act.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 4, 1995

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

Committee on Resources

A BILL

To amend the Endangered Species Act of 1973 to create

a mechanism by which information may flow between

local communities and governments and the Federal Government regarding the designation of critical habitat and

the establishment of National Wildlife Refuges under

that Act.

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 ‘‘Endangered Species

5 Community Advisory Board Act of 1995’’.
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1 SEC. 2. AUTHORITY TO ESTABLISH COMMUNITY ADVISORY

2 BOARDS UNDER ENDANGERED SPECIES ACT

3 OF 1973.

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

5 1531 et seq.) is amended by adding at the end the follow6 ing new section:

7 ‘‘COMMUNITY ADVISORY BOARDS

8 ‘‘SEC. 19. (a) ESTABLISHMENT.—(1) The Secretary

9 shall establish an Endangered Species Community Advi10 sory Board (in this section referred to as a ‘community

11 advisory board’) in connection with the designation of an

12 area under this Act as critical habitat or as a National

13 Wildlife Refuge.

14 ‘‘(2) Each community advisory board—

15 ‘‘(A) shall be comprised of 12 members ap16 pointed by the Secretary from among individuals

17 recommended by the Governor of the State in which

18 is located the area for which the advisory board is

19 established; and

20 ‘‘(B) shall have as its chairperson a member of

21 the advisory board who is an elected official of a

22 local government in that area and who is designated

23 as chairperson by the Secretary.

24 ‘‘(3) The term of a member of a community advisory

25 board shall be 4 years, except that of the members first

26 appointed—
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1 ‘‘(A) 3 shall be appointed for an initial term of

2 1 year;

3 ‘‘(B) 3 shall be appointed for an initial term of

4 2 years; and

5 ‘‘(C) 3 shall be appointed for an initial term of

6 3 years;

7 as specified by the Secretary at the time of appointment.

8 ‘‘(4) Individuals who are Federal employees may not

9 comprise a majority of the total number of members of

10 a community advisory board.

11 ‘‘(5) The Secretary shall prescribe regulations re12 garding the establishment, characteristics, composition,

13 and funding of community advisory boards. However, the

14 issuance of regulations shall not be a precondition to the

15 establishment of a community advisory board or affect the

16 existence or operation of a community advisory board es17 tablished before the effective date of this section.

18 ‘‘(6) The Secretary may provide for the payment of

19 routine administrative expenses of a community advisory

20 board established for an area from funds available for ac21 tivities relating to study of the area to determine whether

22 to designate the area as critical habitat or as a National

23 Wildlife Refuge.

24 ‘‘(b) ASSISTANCE FOR CITIZEN PARTICIPATION.—(1)

25 Subject to the availability of appropriations, the Secretary
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1 shall make available funds to facilitate the participation

2 of individuals from the private sector on community advi3 sory boards for the purpose of ensuring public input into

4 the designation of areas as critical habitat or National

5 Wildlife Refuges.

6 ‘‘(2) The private individuals who are members of a

7 community advisory board are eligible for funding assist8 ance under this subsection only if they reside in the vicin9 ity of the area for which the community advisory board

10 is established. For accounting and financial management

11 purposes, such funds shall be paid to and administered

12 by the community advisory board on which the private in13 dividuals are members, subject to paragraph (3).

14 ‘‘(3) Individuals who are local community members

15 of a community advisory board may use funds made avail16 able under this paragraph only—

17 ‘‘(A) to obtain technical assistance of experts in

18 interpreting scientific data, material, and issues re19 garding protection of endangered species; and

20 ‘‘(B) to educate the local community in under21 standing such data, material, and issues.

22 ‘‘(c) CONSULTATION BY SECRETARY.—If a commu23 nity advisory board is established for an area, the Sec24 retary, before designating any of the area under this Act
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1 as critical habitat or as a National Wildlife Refuge,

2 shall—

3 ‘‘(1) consult with and seek the advice and rec4 ommendations of the board regarding—

5 ‘‘(A) identifying the needs and concerns of

6 the affected local community and individual

7 landowners;

8 ‘‘(B) monitoring scientific studies and sur9 veys used to determine the need for designation

10 of the area as critical habitat or a National

11 Wildlife Refuge, before that designation; and

12 ‘‘(C) addressing land use strategies and

13 management; and

14 ‘‘(2) publish recommendations received from the

15 board within 180 days after the date the Secretary

16 initiates consultation under paragraph (1).

17 ‘‘(d) MONITORING AND REPORTING BY COMMUNITY

18 ADVISORY BOARDS.—Each community advisory board

19 shall, with respect to critical habitat or a National Wildlife

20 Refuge for which it was established—

21 ‘‘(1) monitor and periodically report to the Sec22 retary on progress made in the conservation and re23 covery of species for which that critical habitat or

24 Refuge was designated; and
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1 ‘‘(2) periodically review and report to the Sec2 retary regarding the continued accuracy and suffi3 ciency of the scientific findings that were the basis

4 of that designation.

5 ‘‘(e) STATE DEFINED.—Notwithstanding section

6 3(17), in this section the term ‘State’ means any of the

7 several States, the District of Columbia, the Common8 wealth of Puerto Rico, American Samoa, the Virgin Is9 lands, Guam, and the Commonwealth of the Northern

10 Mariana Islands.’’.

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