I

104TH CONGRESS

1ST SESSION H. R. 2364

To provide incentives for the conservation and recovery of endangered species,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 19, 1995

Mr. SHADEGG (for himself, Mr. DELAY, Mr. MCINTOSH, Mr. LARGENT, Mr.

BARTON of Texas, Mrs. CUBIN, Mr. SMITH of Texas, Mr. DOOLITTLE,

Mr. STUMP, and Mr. RADANOVICH) introduced the following bill; which

was referred to the Committee on Resources, and in addition to the Committees on the Judiciary and Ways and Means, 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 provide incentives for the conservation and recovery of

endangered species, 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 ‘‘Endangered Species

5 Recovery and Conservation Incentive Act of 1995’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—The Congress finds and declares

8 that—
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1 (1) the United States has a unique and remark2 able natural heritage rich in fish, wildlife, and plants

3 that the people of the United States wish to conserve

4 for the well-being and benefit of future generations;

5 (2) in numerous instances we have successfully

6 demonstrated the ability to restore, improve, and ef7 fectively manage natural resources including fish,

8 wildlife, plants, and habitat;

9 (3) the United States has done so because of

10 the creativity and ingenuity of our single greatest re11 source, our people;

12 (4) successful conservation programs must en13 courage private stewardship through voluntary, in14 centive-based programs to enlist the cooperation of

15 owners of private property and invigorate their con16 servation ethic;

17 (5) successful conservation efforts encourage

18 conservation through commerce, including the pri19 vate propagation of animals and plants, to take ad20 vantage of the resourceful, creative and energetic

21 abilities of the people of the United States;

22 (6) the primary responsibility for conservation

23 of fish, wildlife, and plants, including those which

24 are endangered, rests with the States;
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1 (7) Federal conservation efforts will only be

2 successful if the sanctity of property rights and per3 petuation of vigorous human enterprise are ensured;

4 (8) effective Federal conservation efforts shall

5 ensure the wise use of the vast Federal estate to en6 sure a continuous supply of resources critical to the

7 people of the United States while ensuring these re8 sources are available for future generations;

9 (9) Federal conservation actions should incur

10 the lowest cost possible to citizens and taxpayers

11 and ensure efficient use of scarce conservation re12 sources;

13 (10) the United States should provide incen14 tives for State, local, and private conservation efforts

15 to enable and assist the State, local governments,

16 and private sectors to create, maintain, and imple17 ment effective endangered species programs and

18 should affirmatively intervene in fish, wildlife, and

19 plant recovery conservation efforts where there is a

20 direct and substantial effect on interstate commerce

21 and State, local and private efforts have proven inef22 fective;

23 (11) the constitutionally recognized rights

24 should be protected and accounted for in carrying

25 out the purposes and provisions of this Act;
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1 (12) the costs of programs which benefit society

2 as a whole should not be borne by individuals but

3 should be shared equally by the public which benefits

4 from those programs; and

5 (13) the provisions of this Act and the actions

6 authorized herein are consistent with and meet the

7 obligations imposed by all duly adopted and valid

8 international treaties and agreements to which the

9 United States is a party as of the date of enactment

10 hereof.

11 (b) PURPOSES.—The purposes of this Act are to—

12 (1) provide conservation and recovery, in those

13 cases where it is feasible to recover endangered spe14 cies, and therefore conserve biodiversity;

15 (2) ensure that the needs and rights of people

16 are accounted for in decisionmaking pertaining to

17 endangered species recovery and conservation;

18 (3) ensure that determination of species as en19 dangered, recovery and conservation efforts and de20 cisions are made only upon valid factual and sci21 entific bases; and

22 (4) to provide incentives for the recovery and

23 conservation of endangered species.
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1 SEC. 3. DEFINITIONS.

2 For the purposes of this Act, the following definitions

3 apply:

4 (1) The term ‘‘animal’’ means any wild species,

5 subspecies, or distinct population of fish or wildlife

6 or any viable egg thereof or any parts thereof ob7 tained in violation of this Act. The term animal shall

8 not include any privately owned specimen, eggs, part

9 or products thereof, nor shall it include any micro10 organism.

11 (2) The term ‘‘plant’’ includes any wild species,

12 subspecies, or distinct population of plant and any

13 viable seed, root or part thereof obtained in violation

14 of this Act. The term plant shall not include any pri15 vately owned specimens, seed, root, part or products

16 thereof, nor shall it include any microorganism.

17 (3) The term ‘‘endangered,’’ with respect to a

18 wild animal or a wild plant, means a species has

19 been determined by the Secretary under section 5 to

20 be in imminent danger of extinction or likely to be21 come in danger of extinction throughout all or a sig22 nificant portion of its range other than a species de23 termined by the Secretary to constitute a pest whose

24 protection under the provisions of this Act would

25 present a substantial risk to man.
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1 (4) Except as otherwise provided herein, the

2 term ‘‘injure’’ means, with respect to a member of

3 an endangered species, an action which directly re4 sults in physical harm which will significantly reduce

5 the member’s chance of survival other than an in6 jury brought about as an unintended consequence of

7 habitat modification or alteration.

8 (5) The terms ‘‘conserve,’’ ‘‘conserving,’’ and

9 ‘‘conservation’’ mean to take actions to improve a

10 negative trend in or to stabilize the condition of an

11 endangered species, including all activities associated

12 with resources management such as habitat manage13 ment and alteration, habitat acquisition, propaga14 tion, harvest, cultivation, live trapping, transplan15 tation, census, research, and technical assistance

16 and support.

17 (6) The term ‘‘State’’ means any of the several

18 States, the District of Columbia, the Commonwealth

19 of Puerto Rico, American Samoa, the Virgin islands

20 and the Pacific islands under United States sov21 ereignty.

22 (7) The term ‘‘State agency’’ means any agen23 cy, department, board, commission, or other govern24 mental agency or other entity designated by the leg25 islative body of the State to have responsibility for
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1 the management and conservation for fish, wildlife,

2 or plant resources within the State: Provided, how3 ever, That the legislative body of the State shall de4 termine which agency shall carry out the responsibil5 ities assigned to State agencies under this Act and

6 to what extent each such agency shall act pursuant

7 thereto.

8 (8) The term ‘‘Secretary’’, except as otherwise

9 herein provided, means the Secretary of the Interior

10 or the Secretary of Commerce as program respon11 sibilities are vested pursuant to the provisions of Re12 organization Plan Numbered 4 of 1970; except that

13 with respect to the enforcement of the provisions of

14 this Act and the Convention on International Trade

15 in Endangered Species of Wild Fauna and Flora

16 signed on March 3, 1973, (including the appendices

17 thereto) which pertain to the importation or expor18 tation of terrestrial plants, the term also means the

19 Secretary of Agriculture.

20 (9) The term ‘‘Federal agency’’ means any de21 partment, agency, Government corporation or instru22 mentality of the United States.

23 (10)(A) The term ‘‘person’’ means—

24 (i) an individual, corporation, partnership,

25 trust, association, or other private entity;
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1 (ii) any State, municipality, or political

2 subdivision of a State;

3 (iii) any officer, employee, agent, agency,

4 department or instrumentality of the Federal

5 Government, of any State, municipality, or po6 litical subdivision of a State, or of any foreign

7 government; and

8 (iv) any other entity subject to the jurisdic9 tion of the United States.

10 (B) The term ‘‘non-Federal person’’ means—

11 (i) a person described in subparagraph (A)

12 (i), (ii), or (iv); and

13 (ii) any officer, employee, agent, agency,

14 department or instrumentality of any State,

15 municipality, political subdivision of a State,

16 foreign government, or Indian tribe.

17 (11) The term ‘‘vertebrate species’’ means any

18 member of the sub-phylum vertebrata including any

19 mammal, bird, reptile, amphibian, or fish.

20 (12) The term ‘‘recover’’ means to improve the

21 condition of an endangered species to the point at

22 which it is no longer endangered within the meaning

23 of this Act.

24 (13) The term ‘‘net benefit’’ means an action

25 which, on its own or in the context of other actions,
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1 contributes to furthering the conservation of an en2 dangered species.

3 (14) The term ‘‘feasible’’ means determined by

4 the Secretary to be attainable when biological, cli5 matic, technical, economic, budgetary, legal, social,

6 and other limiting factors have been taken into con7 sideration.

8 (15) The term ‘‘trespassing’’ means entering

9 into privately owned land without the consent of the

10 landowner including any person having a possessory

11 interest in said land except where expressly per12 mitted by State or local law: Provided, That said

13 landowner may consent to said entry after the fact.

14 (16) The term ‘‘shall’’ means mandatory.

15 (17) The term ‘‘may’’ means precatory.

16 (18) The term ‘‘habitat’’ means the geographic

17 area which contains the factors necessary for an en18 dangered species to carry out its range of life and

19 reproductive functions and which presently supports

20 a viable population of the animal or plant.

21 (19) The term ‘‘property’’ means all property

22 protected under the fifth amendment to the Con23 stitution of the United States, any applicable Fed24 eral or State law and includes without limitation:

25 real property or any interest therein; the right to use
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1 or receive water; rents, issues and profits of land;

2 contracts; property provided by or memorialized in

3 contracts; and any interest understood to be prop4 erty based on custom, usage, common law, or mutu5 ally reinforcing understandings sufficiently well6 grounded in law to back a claim of interest.

7 (20) The term ‘‘endangered species’’ means any

8 animal or plant that has been determined to be en9 dangered by the Secretary in accordance with sec10 tion 5 and any species that on the date of enactment

11 of this Act is included in a list published under sec12 tion 4(C) of the Endangered Species Act of 1973

13 (16 U.S.C. 1533(C)).

14 SEC. 4. RECOVERY.

15 (a) RECOVERY PLANS AND STATEMENTS.—The Sec16 retary shall within 2 years after the listing of an animal

17 or plant as endangered under section 5 develop a plan for

18 the conservation or recovery of the endangered species, un19 less he finds that such a plan will not promote the con20 servation or recovery of the endangered species, in which

21 case he shall develop a conservation or recovery statement.

22 (1) PLANS.—The Secretary, in developing and

23 implementing plans, shall, to the maximum extent

24 practicable give priority to those endangered species

25 that are most likely to benefit from such plans and
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1 give priority to those endangered species that are

2 more genetically complex, taxonomically unique or

3 ecologically, medicinally or economically valuable.

4 The Secretary shall incorporate in the plan for an

5 endangered species—

6 (A) a description of such site-specific man7 agement actions as may be necessary to achieve

8 the plan’s goal for the conservation or recovery

9 of the endangered species;

10 (B) objective, measurable, and feasible cri11 teria which, if met, would result in a determina12 tion, in accordance with the provisions of sec13 tion 5, that the endangered species be removed

14 from the list published under that section in the

15 instances where this is determined to be feasible

16 in accord with section 5;

17 (C) estimates of the time required and the

18 cost to carry out those measures needed to

19 achieve the plan’s goal and to achieve inter20 mediate steps toward that goal;

21 (D) population goals for conservation or

22 recovery of the endangered species and the

23 bases for establishing the stated goals;

24 (E) estimates of the endangered species

25 present population and distribution;
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1 (F) identifiable social and economic bene2 fits of conserving the endangered species; and

3 (G) a description of the animals or plants

4 of the same species or sub-genus and the status

5 of those animals and plants including distribu6 tion and population and the reliability and va7 lidity of such data.

8 (2) STATEMENTS.—For those endangered spe9 cies for which the Secretary chooses not to develop

10 and implement a plan, the Secretary shall develop a

11 conservation or recovery statement. The Secretary,

12 in developing statements shall give priority to those

13 endangered species which are more genetically com14 plex, taxonomically unique or ecologically, medici15 nally and economically valuable. The Secretary shall,

16 to the maximum extent practicable, incorporate in

17 each statement the matters specified in subpara18 graphs (B) through (G) of paragraph 1.

19 (3) PUBLIC COMMENT.—Within 18 months

20 after the date of listing an animal or plant as endan21 gered the Secretary shall make available for public

22 comment for a period of at least 90 days a draft of

23 a plan or a statement for the endangered species

24 by—
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1 (A) publishing a notice of the draft of a

2 plan or a statement in a newspaper of general

3 circulation in each area of the United States in

4 which the animal or plant is believed to occur,

5 information on how to obtain a copy and in6 structions for submitting comments or request7 ing a public hearing;

8 (B) providing information on how to obtain

9 a copy and instructions for submitting com10 ments or for requesting a public hearing to—

11 (i) each State or county or equivalent

12 jurisdiction in which the endangered spe13 cies is believed to occur;

14 (ii) insofar as practical, and in co15 operation with the Secretary of State, each

16 foreign nation in which the animal or plant

17 is believed to occur or whose citizens har18 vest the animal or plant on the high seas;

19 (iii) such professional scientific orga20 nizations or individuals as the Secretary

21 considers appropriate; and

22 (iv) each owner of property on which

23 the endangered species is believed to occur,

24 where reasonably feasible to provide such

25 individual notice.
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1 (C) promptly holding, on request, one or

2 more public hearings on the draft plan or state3 ment at a location reasonably convenient to the

4 affected public, if any affected person files a re5 quest for such a hearing within 45 days after

6 the date of publication of notice of the draft

7 plan; and

8 (D) in addition the Secretary shall provide

9 a copy of the draft plan or statement to any

10 person requesting a copy. The Secretary shall

11 not charge any person requesting a copy of the

12 plan or statement for the cost of providing said

13 copy if the person requesting the copy certifies

14 that the requester is an owner of property on

15 which the endangered species may exist, is a

16 representative of an owner or owners of such

17 property or is a person who may be directly or

18 substantially affected by the existence of the en19 dangered species.

20 (4) PLAN AND STATEMENT APPROVAL.—After

21 taking comments submitted in accordance with this

22 subsection, the Secretary shall amend the draft plan

23 or statement if necessary and then approve the plan

24 or statement.
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1 (5) PUBLIC NOTIFICATION.—Upon approval of

2 the plan the Secretary shall—

3 (A) publish in the Federal Register a sum4 mary of the plan or statement and information

5 on how to obtain a copy;

6 (B) provide without charge a copy of the

7 plan or statement, or information on how to ob8 tain a copy to those who submitted comments

9 or requested a copy or public hearing under

10 paragraph (3); and

11 (C) publish a notice of the approved plan

12 or statement in a newspaper of general circula13 tion in each area of the United States in which

14 the animal or plant is believed to occur and in15 formation on how to obtain a copy.

16 (6) AMENDMENT.—The Secretary may amend

17 an approved plan through the rulemaking process.

18 (7) OUTSIDE ASSISTANCE.—The Secretary, in

19 developing plans or statements, may procure the

20 services, through the use of a competitive bidding

21 process or other means, of appropriate public and

22 private agencies and institutions, and other persons.

23 (8) FEDERAL ADVISORY COMMITTEE ACT.—Re24 covery teams appointed pursuant to this subsection
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1 shall be subject to the Federal Advisory Committee

2 Act (5 U.S.C. App.).

3 (b) RECOVERY MANAGEMENT.—

4 (1) TECHNICAL ASSISTANCE, VOLUNTARY

5 AGREEMENTS, CONSERVATION THROUGH COMMERCE

6 AND OTHER MEASURES.—If the Secretary deter7 mines that it will contribute to the conservation or

8 recovery of an endangered species, the Secretary

9 may provide scientific, technical, administrative or

10 financial assistance to private, State or lesser gov11 ernment entities to—

12 (A) establish voluntary agreements with

13 land owners who are non-Federal persons, of up

14 to 25 years in duration, to improve, maintain or

15 create habitat for endangered species;

16 (B) promote conservation through com17 merce, including the private propagation of en18 dangered species and the private use of endan19 gered species when such use results in a net

20 benefit to said species, by providing assistance

21 to, entering into agreements with or otherwise

22 encouraging for-profit and not-for-profit compa23 nies, organizations, and individuals involved in

24 such activities;
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1 (C) subject to the availability of appropria2 tions, acquire property from willing sellers; and

3 (D) take other nonregulatory conservation

4 or recovery measures.

5 (2) MONITORING.—The Secretary may monitor

6 the success of voluntary agreements and other vol7 untary efforts under this section in conserving and

8 recovering endangered species.

9 (3) OTHER REQUIRED ACTIONS.—The Sec10 retary shall—

11 (A) establish a system of awards and re12 wards for participation in voluntary, cooperative

13 programs that further the conservation or re14 covery of endangered species; and

15 (B) maintain a database of information

16 valuable to the conservation of endangered spe17 cies which shall be accessible to the public.

18 (4) STATE COOPERATION.—The Secretary, sub19 ject to the availability of appropriations, may, with

20 any State or States, enter into a cooperative agree21 ment that is designed to directly further the man22 agement of endangered species or their habitat and

23 thereby promote the conservation or recovery of such

24 endangered species through the provision of sci25 entific, technical or managerial assistance or through
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1 the provision of contracts. Any contract which the

2 Secretary awards under this paragraph shall stipu3 late that the recipient State shall provide the Sec4 retary with the information relevant to the State for

5 purposes of section 5.

6 (c) FEDERAL COOPERATION.—The Secretary may

7 provide scientific, technical or administrative assistance to

8 other Federal agencies for the purpose of directly further9 ing the conservation or recovery of endangered species in10 cluding—

11 (1) the adoption of memoranda of understand12 ing or memoranda of agreement;

13 (2) the establishment of formal or informal

14 working groups, task forces or other such entities

15 which—

16 (A) may include representatives of State,

17 local, or other government entities or other non18 Federal persons; and

19 (B) which shall be advisory committees

20 within the meaning of the Federal Advisory

21 Committee Act (5 U.S.C. app.); and

22 (3) other non-regulatory conservation or recov23 ery management activities.

24 (d) SECRETARIAL ASSESSMENT OF MAJOR FEDERAL

25 PROJECTS.—
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1 (1) IN GENERAL.—The Secretary shall—

2 (A) assess whether any major Federal

3 project will directly and significantly reduce the

4 likelihood that an endangered species may be

5 conserved or recovered; and

6 (B) transmit the findings of that assess7 ment to the head of the Federal agency con8 ducting the major Federal project and the Con9 gress.

10 (2) MAJOR FEDERAL PROJECT DEFINED.—For

11 the purposes of this subsection, the term ‘‘major

12 Federal project’’ means any individual Federal un13 dertaking, permit, or license directly resulting in a

14 Federal expenditure of more than $2,000,000.

15 (e) EMERGENCY MEASURES.—

16 (1) INITIAL INJUNCTION.—The Secretary may

17 bring an action to enjoin, for up to 45 days, any ac18 tivity which the Secretary can reasonably dem19 onstrate to destroy an endangered species or its

20 habitat. During the period of such an injunction, the

21 Secretary may negotiate a conservation management

22 or other agreement beneficial to the endangered spe23 cies with the owner of the property on which the ac24 tivity will be conducted.
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1 (2) ADDITIONAL INJUNCTION.—If during the

2 period of an injunction under paragraph (1) at3 tempts to negotiate a voluntary conservation agree4 ment with the property owner are unsuccessful, the

5 Secretary may bring no more than one additional ac6 tion to enjoin the activity for up to an additional 45

7 days. During the period of such an injunction, the

8 Secretary may—

9 (A) continue negotiations;

10 (B) collect or capture the endangered spe11 cies on the property and translocate them to

12 another site within 90 days after filing of the

13 action for the first injunction if the Secretary—

14 (i) makes a reasonable effort to gain

15 the property owner’s written, informed

16 consent to enter the property and gives the

17 property owner at least 48 hours notice of

18 intent to enter the property; and

19 (ii) inflicts the minimal damage, dis20 turbance, annoyance, or nuisance nec21 essary; or

22 (C) seek to purchase the property under

23 subsection (f).
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1 (3) LIMITATION ON INJUNCTIONS.—Except by

2 consent of the property owner the Secretary may

3 not—

4 (A) subject a property to an injunction

5 under paragraph (1) more than one time in any

6 10-year period or extend any injunction beyond

7 the originally specified period herein.

8 (4) ORDERS TO COLLECT AND REMOVE.—The

9 Secretary may seek an order for express and sole

10 purpose of expeditiously and with minimal intrusion

11 and interruption entering a property to capture or

12 collect and remove endangered species based upon

13 reasonable belief that said endangered species, un14 less removed from the property, face imminent dam15 age or destruction.

16 (5) COMPENSATION FOR DAMAGE OR LOSS DUE

17 TO ENTRY.—The United States Government shall be

18 liable to a property owner for all damages and losses

19 incurred by the property owner as a result of any

20 entry of the property under paragraph (2)(B) or (4).

21 (f) ACQUISITION OF PROPERTY.—

22 (1) Prior to any purchase or other acquisition

23 of property or property interest pursuant to this Act,

24 the Secretary shall make reasonable efforts to reach

25 an agreement with the property owner for an ex-
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1 change of said property for property owned by the

2 United States of like value. If such agreement is ob3 tained, the Secretary shall present the agreement to

4 Congress for approval as required by law.

5 (2) Property acquired pursuant to this Act shall

6 be appraised for the purposes of that acquisition

7 without regard to the presence of endangered spe8 cies.

9 (g) MONITORING.—The Secretary may monitor the

10 success of voluntary agreements and other voluntary ef11 forts under this section in conserving and recovering en12 dangered species.

13 SEC. 5. DETERMINATION OF ENDANGERED ANIMALS AND

14 PLANTS, LISTING AND REPORTING.

15 (a) DETERMINATION.—

16 (1) IN GENERAL.—The Secretary, at such times

17 the Secretary considers appropriate and by regula18 tion promulgated in accordance with subsection (b),

19 may determine whether any animal or plant is en20 dangered based on any of the following factors:

21 (A) The present or imminent destruction,

22 adverse modification, or curtailment of a sig23 nificant portion of its habitat or range.

24 (B) Disease or predation.
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1 (C) An extremely limited range or popu2 lation.

3 (D) Other adequate and verifiable scientif4 ically valid data indicating natural or manmade

5 factors adversely affecting the species’ contin6 ued existence.

7 (2) DETERMINATION BY THE SECRETARY OF

8 COMMERCE.—With respect to any animal or plant

9 over which program responsibilities have been vested

10 in the Secretary of Commerce pursuant to Reorga11 nization Plan Numbered 4 of 1970 (5 U.S.C.

12 App.)—

13 (A) in any case in which the Secretary of

14 Commerce determines that such animal or plant

15 should be determined to be endangered, the

16 Secretary of Commerce shall so inform the Sec17 retary of the Interior, who shall list such animal

18 or plant in a list published under section (d);

19 (B) in any case in which the Secretary of

20 Commerce determines that such animal or plant

21 should be removed from the list published pur22 suant to subsection (d) the Secretary of Com23 merce shall recommend such action to the Sec24 retary of the Interior, and the Secretary of the
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1 Interior, if he concurs in the recommendation,

2 shall implement such action; and

3 (C) the Secretary of the Interior may not

4 include any such animal or plant in such list or

5 remove from the list any such animal or plant

6 without a prior favorable determination made

7 pursuant to this section by the Secretary of

8 Commerce.

9 (b) PROCEDURES AND REQUIREMENTS FOR DETER10 MINATION.—

11 (1) BASIS.—The Secretary shall make a deter12 mination under subsection (a)(1) regarding an ani13 mal or plant—

14 (A) solely on the basis of the independently

15 verifiable data sufficient to reach a scientific

16 conclusion, having that data verified by field

17 testing to the extent practical;

18 (B) after conducting a review and consid19 ering all information available pursuant to such

20 a review of the status of the animal or plant;

21 and

22 (C) after taking into account those efforts,

23 if any, being made by any person, State or for24 eign nation, or any political subdivision of a

25 State or foreign nation, to conserve or protect
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1 such animals or plants by any means, within

2 any area under its jurisdiction, or on the high

3 seas.

4 (2) PROCEDURE.—To make a determination

5 under this subsection of whether an animal or plant

6 is endangered, the Secretary shall—

7 (A) promptly publish in the Federal Reg8 ister a general notice that a review of the status

9 of the animal or plant will be undertaken which

10 includes—

11 (i) the scientific and common name of

12 the animal or plant;

13 (ii) the historical and known range of

14 the animal or plant;

15 (iii) the basis for undertaking the re16 view;

17 (iv) the means and time period for in18 terested parties to submit information for

19 the review; and

20 (v) the persons which the Secretary

21 has or will notify regarding the commence22 ment of a review;

23 (B) give actual notice of the review to and

24 invite the comment from—
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1 (i) the relevant State agency in each

2 State in which the animal or plant is be3 lieved to occur, and to each county or

4 equivalent jurisdiction in which the animal

5 or plant is believed to occur;

6 (ii) insofar as practical, and in co7 operation with the Secretary of State, to

8 each foreign nation in which the animal or

9 plant is believed to occur or whose citizens

10 harvest the animal or plant on the high

11 seas;

12 (iii) to such professional scientific or13 ganizations or individuals as the Secretary

14 deems appropriate; and

15 (iv) each owner of property on which

16 the endangered species is believed to occur,

17 where reasonably feasible to provide such

18 individual notice;

19 (C) publish a notice of the review in a

20 newspaper of general circulation in each area of

21 the United States in which the animal or plant

22 is believed to occur; and

23 (D) promptly hold, on request one or more

24 public hearings on the review at a location rea25 sonably convenient to the affected public, if any
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1 person who is a member of the affected public

2 files a request for such a hearing within 90

3 days after the date of publication of general no4 tice under subsection.

5 (3) DETERMINATION REQUIRED.—Within the

6 2-year period beginning on the date on which gen7 eral notice is published in accordance with para8 graph (2)(A) for an animal or plant, the Secretary

9 shall make one of the following determinations—

10 (A) a determination that the animal or

11 plant is not endangered,

12 (B) a determination that the animal or

13 plant is endangered,

14 (C) a determination that although a deter15 mination under subparagraph (B) is warranted,

16 such a determination is precluded because—

17 (i) sufficient conservation efforts are

18 currently underway and additional protec19 tions and resources under this Act are not

20 necessary or may interfere with the success

21 of such efforts;

22 (ii) other laws or regulations provide

23 adequate protection; or

24 (iii) a determination under subpara25 graph (B) would interfere with the success
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1 of more important conservation or recovery

2 measures which are or will be taken under

3 this Act.

4 (4) ACTION AFTER DETERMINATION.—Upon

5 making a determination under paragraph (3) for an

6 animal or plant, the Secretary shall promptly—

7 (A) publish in the Federal Register final

8 regulation to implement such determination;

9 (B) give actual notice of the determination

10 (including the complete text of the regulations

11 required by subparagraph (A)) to—

12 (i) the relevant State agency in each

13 State in which the animal or plant is be14 lieved to occur, and to each county or

15 equivalent jurisdiction in which the animal

16 or plant is believed to occur;

17 (ii) insofar as practical, and in co18 operation with the Secretary of State, to

19 each foreign nation in which the animal or

20 plant is believed to occur or whose citizens

21 harvest the animal or plant on the high

22 seas;

23 (iii) to such professional scientific or24 ganizations or individuals as he deems ap25 propriate;
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1 (iv) to any person who submitted com2 ments or requested a public hearing for the

3 review; and

4 (v) each owner of property on which

5 the endangered species is believed to occur,

6 where reasonably feasible to provide such

7 individual notice; and

8 (C) publish a summary of the determina9 tion (including the complete text of the regula10 tion) in a newspaper of general circulation in

11 each area of the United States in which the ani12 mal or plant is believed to occur.

13 (c) EMERGENCY LISTING.—

14 (1) IN GENERAL.—The Secretary may deter15 mine that an animal or plant is in danger of immi16 nent extinction unless immediately included on the

17 list published pursuant to subsection (e) and may,

18 without regard to the requirements of subsection (b),

19 publish notice of such determination in the Federal

20 Register.

21 (2) EFFECTIVENESS OF DETERMINATION, GEN22 ERALLY.—A determination under paragraph (1)

23 shall be effective for a period specified by the Sec24 retary, which may not exceed 1 year.
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1 (3) LIMITATION ON SUBSEQUENT DETERMINA2 TION.—The Secretary may not renew an emergency

3 listing more than once.

4 (4) TERMINATION OF EFFECTIVENESS.—A de5 termination under paragraph (1) shall not be effec6 tive after the date the Secretary publishes notice

7 thereof in the Federal Register.

8 (5) ESTABLISHING AN EMERGENCY LISTING

9 BASIS.—Promptly after making an emergency list10 ing, the Secretary shall conduct a review to deter11 mine whether the animal or plant is endangered in

12 accordance with the procedures and standards estab13 lished in subsections (a) and (b).

14 (d) RECOVERY FEASIBILITY.—Within 1 year of de15 termining under section 5 that an animal or plant is en16 dangered, the Secretary shall determine whether recovery

17 is a feasible goal for the endangered species and shall pub18 lish in the Federal Register such determination and the

19 basis for it. The Secretary may subsequently change this

20 finding if necessary because of new information, and shall

21 promptly publish each such determination in the Federal

22 Register and include the basis for the determination.

23 (e) LISTS.—

24 (1) IN GENERAL.—The Secretary of the Inte25 rior shall publish in the Federal Register and make
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1 available to the public through electronic means a

2 list of every animal and plant for which there is in

3 effect a determination under this section by the Sec4 retary or the Secretary of Commerce that the animal

5 or plant is endangered.

6 (2) INFORMATION INCLUDED.—The list pub7 lished under this subsection shall—

8 (A) refer to the animals and plants con9 tained therein by scientific and common name

10 or names, if any, and

11 (B) specify with respect to such animal or

12 plant—

13 (i) over what portion of its range it is

14 endangered, and

15 (ii) whether the Secretary has found

16 recovery to be a feasible goal for the en17 dangered species.

18 (3) REVISIONS.—The Secretary shall, at least

19 annually, revise the list published under his sub20 section to reflect recent determinations made in ac21 cordance with this section.

22 (f) JUDICIAL REVIEW.—

23 (1) TIME TO PETITION FOR REVIEW.—Any per24 son who may be directly and substantially affected

25 by any action taken, or determination or finding
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1 made, pursuant to this section may petition for judi2 cial review of said determination or finding within

3 180 days of the publication or giving of any notice

4 that the action was taken or the determination or

5 finding required by this section was made, or within

6 1 year of the date at which such publication should

7 have been made or notice given if notice has not

8 been made or given.

9 (2) STANDARDS OF REVIEW.—

10 (A) the court reviewing a petition pursuant

11 to this subsection shall invalidate the action of

12 the Secretary and remand the matter to the

13 agency for proper proceedings if the Secretary

14 failed to follow the procedures provided herein.

15 (B) Upon prima facie showing by the per16 son or persons petitioning for review of the ac17 tion, decision, determination, or finding at issue

18 that the finding, determination, or other action

19 does not meet the requirements of, or criteria

20 established by, this section, the burden shall

21 shift to the Secretary to establish that the find22 ing, determination, or action at issue was prop23 er and meets the criteria and requirements set

24 forth in this section.
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1 (3) The term ‘‘substantial evidence,’’ when ap2 plied to any act or determination under this Act

3 which is reviewable under the Administrative Proce4 dure Act, means evidence on which a reasonable

5 member of the profession whose discipline such evi6 dence is offered would rely in making a scientific or

7 technical determination.

8 (g) MONITORING.—The Secretary shall implement a

9 system in cooperation with the States to monitor effec10 tively for not less than 5 years the status of all animals

11 and plants which—

12 (1) have recovered to the point at which the

13 measures provided pursuant to this Act are no

14 longer necessary; and

15 (2) which, in accordance with the provisions of

16 this section, have been removed from the list pub17 lished under subsection (e).

18 (h) REPORTING.—The Secretary shall report every 2

19 years to the President and Congress on efforts to conserve

20 and recover endangered species including—

21 (1) the status of efforts to develop and imple22 ment recovery plans, including descriptions of the

23 voluntary and cooperative measures implemented for

24 all endangered species included in the list published

25 under subsection (e);
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1 (2) the status, including population trend data

2 if available and some measure of the reliability of

3 such data, of all endangered species;

4 (3) the animals or plants which have been re5 moved from the list maintained under subsection (e),

6 the date of each removal, the reason for removal and

7 the current condition of the animal or plant if it was

8 listed within the last 5 years;

9 (4) a list of States which maintain programs to

10 conserve endangered species (including programs to

11 conserve animals or plants considered by a state as

12 in danger of or threatened with extinction but which

13 have not been determined under this Act to be en14 dangered), the annual expenditures by each State

15 for those programs and the annual funds and cumu16 lative funds received by the State under section 4 for

17 expenditure for endangered species included on the

18 list published under subsections (e) and those state

19 funds expended on animals and plants which are

20 considered in danger of or threatened with extinction

21 by the respective State but not in accordance with

22 a determination under this Act;

23 (5) an accounting on an animal by animal or a

24 plant by plant basis of all reasonably identifiable
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1 Federal expenditures on endangered species by year

2 and as a running total;

3 (6) an accounting on an animal by animal and

4 plant by plant basis of each State’s reasonably iden5 tifiable expenditures on endangered species by year

6 and as a running total, including expenditures by

7 agencies other than those with primary responsibility

8 for endangered species;

9 (7) to the extent practicable, an accounting on

10 an animal by animal or a plant by plant basis of all

11 reasonably identifiable private expenditures on en12 dangered species by year and as a running total; and

13 (8) an accounting of other expenditures by Fed14 eral, State, or private persons that resulted from

15 this Act and that are not attributable to a specific

16 endangered species.

17 SEC. 6. PROHIBITIONS, PENALTIES, AND EXCEPTIONS.

18 (a) INTENTIONAL KILLING OR INJURING VIOLA19 TION.—It is unlawful for any person to directly and inten20 tionally kill or directly and intentionally physically injure

21 a member of any vertebrate species and which is properly

22 included in the list published under section 5(e), except

23 that uses of endangered species, including but not limited

24 to hunting, fishing, captive propagation, and harvesting
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1 that contribute to the endangered animal’s survival or con2 servation shall be allowed.

3 (b) INTENTIONAL KILLING OR INJURING PEN4 ALTY.—Any person who violates subsection (a) of this Act

5 may be—

6 (1) assessed a civil penalty of not more than

7 $25,000; or

8 (2) fined not more than $25,000 and be impris9 oned for not more than 6 months.

10 (c) INJUNCTION VIOLATION.—It is unlawful for any

11 person against whom an injunction or order has been is12 sued pursuant to section 4(e) of this Act to intentionally

13 and knowingly violate said order.

14 (d) INJUNCTION VIOLATION PENALTY.—Any person

15 who violates subsection (c) of this Act may be—

16 (1) assessed a civil penalty of not more than

17 $25,000; or

18 (2) fined not more than $25,000 and be impris19 oned for not more than 6 months.

20 2 (e) POACHING AND MALICIOUS KILLING OR INJUR21 ING VIOLATION.—It is unlawful for any person to—

22 (1) in knowing violation of this Act, maliciously

23 and in the pursuit of personal gain as a direct result

24 thereof, intentionally kill or directly and intentionally

25 physically injure a member of a vertebrate species
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1 which is properly included in the list published under

2 section 5(e); or

3 (2) Maliciously or in the pursuit of personal

4 gain as a direct result thereof, intentionally and di5 rectly kill or to intentionally and directly physically

6 injure a member of an endangered species while

7 trespassing on private property or while in a Na8 tional Park or National Wildlife Refuge.

9 (f) POACHING AND MALICIOUS KILLING OR INJUR10 ING PENALTY.—Any person who violates subsection (e) of

11 this Act may, upon conviction, be fined not more than

12 $50,000 and be imprisoned for not more than 1 year.

13 (g) OTHER VIOLATIONS.—It is unlawful for any per14 son to—

15 (1) intentionally capture, collect, or trap or at16 tempt to capture, collect, or trap any listed verte17 brate animal on any property subject to the jurisdic18 tion of the United States and not described in (2);

19 (2) capture, collect, or trap or attempt to cap20 ture, collect, or trap any listed vertebrate animal

21 while trespassing on private property or while on

22 federally owned lands within a National Park or Na23 tional Wildlife Refuge;

24 (3) directly and intentionally kill or directly and

25 intentionally physically injure a member of; inten-
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1 tionally capture, collect, or trap; or attempt to cap2 ture, collect, or trap a member of any listed inverte3 brate animal or plant on any property subject to the

4 jurisdiction of the United States and not described

5 in (4); and

6 (4) directly and intentionally kill or directly and

7 intentionally physically injure a member of; capture,

8 collect, or trap; or attempt to capture, collect, or

9 trap a member of any listed invertebrate animal or

10 plant while trespassing on private property or while

11 on federally owned lands within a National Park or

12 National Wildlife Refuge.

13 (h) PENALTY FOR OTHER VIOLATIONS.—Any person

14 who violates—

15 (1) subsection (g)(1) of this Act may be as16 sessed a civil penalty of not more than $2,500;

17 (2) subsection (g)(2) of this Act may be as18 sessed a civil penalty of not more than $10,000;

19 (3) subsection (g)(3) of this Act may be as20 sessed a civil penalty of not more than $250; and

21 (4) subsection (g)(4) of this Act may be as22 sessed a civil penalty of not more than $1,000.

23 (i) PROTECTION OF PERSON OR PROPERTY.—Not24 withstanding any other provision of this Act, no penalty

25 shall be imposed if it can be shown by a preponderance
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1 of the evidence that the defendant committed an act based

2 on a good faith belief that the defendant was acting to

3 protect himself or herself or any other individual from

4 bodily harm or to protect private property from significant

5 damage.

6 (j) PRIOR OWNERSHIP EXEMPTION.—It shall be a

7 defense against any charge brought under this section ex8 cept (c) that—

9 (1) the person committing the act did so with

10 the consent of the owner; and

11 (2) that the animal or plant was owned prior to

12 the date of inclusion of its taxonomic unit on the list

13 published pursuant to section 5(e) of this Act or

14 that the animal or plant is the progeny of an animal

15 or plant owned prior to the date of inclusion of its

16 taxonomic unit on the list published pursuant to sec17 tion 5(e) of this Act or was otherwise lawfully ac18 quired.

19 (k) SECRETARIAL WAIVER.—The Secretary may

20 waive application of (a), (c), (e), and (g) to protect public

21 health and safety or for national security or a national,

22 regional, or local emergency.

23 (l) PERMITTING ACTIONS.—Notwithstanding any

24 other provision of this Act, the Secretary shall permit any

25 person or State to commit actions that, when considered
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1 individually or in the context of other actions that, when

2 considered individually or in the context of other actions,

3 contribute to furthering the conservation of an endangered

4 species. Such actions may include collection, trapping, and

5 capturing of an endangered species that further the en6 dangered species’ recovery or conservation.

7 SEC. 7. OTHER PROVISIONS.

8 (a) USE OF FEDERAL AUTHORITIES.—Federal de9 partment and agencies shall on Federal lands, in a manner

10 consistent with the mission of the managing departments

11 and agencies, and, with the permission of the land owner,

12 may on State and private lands, seek to conserve or re13 cover endangered species and shall utilize their authorities

14 in furtherance of the purposes of this Act.

15 (b) WATER USE.—

16 (1) COOPERATION WITH STATE AND LOCAL

17 GOVERNMENTS.—The head of each Federal agency

18 shall cooperate with State and local agencies to re19 solve water resource issues in concert with conserva20 tion or recovery of endangered animals and plants in

21 a manner consistent with and governed by State

22 water law.

23 (2) COMPENSATION FOR WATER RIGHTS.—

24 Water rights protected under State law should not
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1 be injured or adversely affected in carrying out any

2 section of this Act without just compensation.

3 (3) CONTINUITY OF ALLOCATION.—This Act

4 shall not be considered, construed, or interpreted so

5 as to alter, change, modify, or abrogate in any way

6 whatsoever the allocation of water among or between

7 States pursuant to either interstate compacts or de8 cisions of the United States Supreme Court.

9 (c) ELECTRONIC INFORMATION DISTRIBUTION.—

10 The Secretary shall—

11 (1) make available by electronic means, such as

12 the Internet—

13 (A) all notices issued by the Secretary

14 under this Act that would appear in the Federal

15 Register or other forums of public notice;

16 (B) all recovery or conservation plans and

17 statements;

18 (C) the list published under section 5(e);

19 (D) the report required by section 5(h);

20 and

21 (E) to the extent practicable, other mate22 rials received regarding or produced in imple23 menting this Act; and
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1 (2) shall seek to make access to information in

2 paragraph (1) available at minimal cost and incon3 venience to those seeking the information.

4 SEC. 8. ENDANGERED SPECIES RECOVERY FUND.

5 (a) ENDANGERED SPECIES RECOVERY FUND GEN6 ERAL.—

7 (1) ESTABLISHMENT OF FUND.—There is es8 tablished in the Treasury a separate account, which

9 shall be known as the Endangered Species Recovery

10 Fund (in this section referred to as the ‘‘Fund’’).

11 (2) CONTENTS.—The Fund shall consist of all

12 amounts received by the United States in the form

13 of—

14 (A) a portion of fees for admission to Na15 tional Wildlife Refuges, National Parks, Na16 tional Recreation Areas, National Seashores,

17 National Monuments, or National Forest Areas

18 where there currently are admission fees;

19 (B) fees for Lifetime User Passes issued

20 under subsection (b);

21 (C) donations under subsection (b);

22 (D) 10 percent of the amounts received by

23 the United States each year under leases au24 thorizing oil or gas activities in the Arctic Na25 tional Wildlife Refuge; and
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1 (E) funds derived from an increased tax on

2 the unrelated business income of 501(c)(3) or3 ganizations which are primarily devoted to mat4 ters pertaining to the environment which are

5 hereby increased by 5 percent to provide reve6 nue for this Fund.

7 (3) USE.—

8 (A) IN GENERAL.—Amounts in the Fund

9 shall be available to the Secretary, subject to

10 the availability of appropriations, only to carry

11 out this Act.

12 (b) FUNDING.—

13 (1) LIMITATION ON FEES.—Nothing in this Act

14 authorizes the Secretary to—

15 (A) establish or impose any user or admis16 sion fees for lands for which such a fee is not

17 in effect on the date of enactment of this Act,

18 except for federally designated wilderness areas;

19 (B) increase that portion of any user or

20 admission fee which shall be directed to the

21 Fund by more than $1, except for federally des22 ignated wilderness areas; or

23 (C) direct any more than $1 from any user

24 or admission fee to the Fund, except for feder25 ally designated wilderness areas.
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1 (2) LIFETIME USER PASS.—

2 (A) IN GENERAL.—The Secretary shall es3 tablish and issue to individuals a Lifetime User

4 Pass, which shall permit an individual to whom

5 the pass is issued to enter without payment of

6 any fee any National Park, National Wildlife

7 Refuge, National Recreation Area, National

8 Seashore, National Lakeshore, or National

9 Monument.

10 (B) FEE.—The Secretary shall impose a

11 fee for a Lifetime User Pass under this sub12 section in an amount established by the Sec13 retary, not to exceed $500.

14 (3) DONATIONS.—The Secretary may accept

15 donations from the public to carry out this Act, ex16 cept that no donation may be accepted under this

17 subsection from any person having business with or

18 matters pending before the department of the Sec19 retary.

20 SEC. 9. ADDITIONAL CONSERVATION INCENTIVES.

21 (a) PROPERTY TAX CREDIT.—The Secretary of the

22 Treasury shall allow a credit of 100 percent of the State,

23 county and local property taxes assessed and paid for pri24 vate property or portion thereof which is managed to pro25 mote the conservation or recovery of an endangered spe-
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1 cies and which directly contributes to the conservation or

2 recovery of an endangered species by providing habitat

3 which is used or occupied by an endangered species. Such

4 credit shall be applied against the Federal individual or

5 corporate tax of the owners of the property.

6 (b) CREDIT FOR OTHER EXPENSES.—Upon rec7 ommendation by the Secretary of the Interior, the Sec8 retary of the Treasury shall allow a credit of up to 100

9 percent for expenditures for furthering the conservation

10 or recovery of an endangered species pursuant to an agree11 ment entered into with the Secretary under this Act. Such

12 credit shall be applied against the Federal individual or

13 corporate tax of the person making said expenditures.

14 (c) ESTATE TAX DEFERRAL.—The Secretary of the

15 Treasury shall defer collection of any estate taxes owed

16 and levied against real property for any portion of the

17 property that directly contributes to the conservation or

18 recovery of an endangered species for so long as said prop19 erty is used or occupied by an endangered species.

20 SEC. 10. BIODIVERSITY CONSERVATION TECHNOLOGY.

21 (a) The Secretary may directly or by contract under22 take activities to further the conservation or recovery of

23 endangered species by the collection, storing and use of—

24 (1) genetic materials, eggs, sperm, or tissue of

25 endangered animals; and
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1 (2) genetic material, seeds, or tissue of endan2 gered plants.

3 SEC. 11. CONFORMING AMENDMENTS.

4 (a) DEFINITION OF HARM.—Section 3 of the Endan5 gered Species Act (16 U.S.C. 1532) is amended by adding

6 at the end the following new paragraph:

7 ‘‘The term harm means an intentional and direct ac8 tion by a person against any member of an endangered

9 or threatened species of fish or wildlife that injures or kills

10 the member other than as an unintended consequence of

11 otherwise lawful activity.’’.

12 (b) LIMITATION ON ISSUANCE OF JEOPARDY OPIN13 IONS.—Section 7 of the Endangered Species Act of 1973

14 (16 U.S.C. 1536) is amended by adding at the end the

15 following new subsection:

16 ‘‘(q) LIMITATION OF ISSUANCE OF JEOPARDY OPIN17 IONS.—Notwithstanding any other provision of this Act,

18 an action permitting activity on private property shall not

19 be subject to the requirements or procedures outlined in

20 this section.

21 (c) TERMINATION OF AUTHORITIES TO DETERMINE

22 ENDANGERED AND THREATENED SPECIES AND DES23 IGNATE CRITICAL HABITAT.—Section 4 of the Endan24 gered Species Act of 1973 (16 U.S.C. 1533) is amended

25 by adding at the end the following new subsection:
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1 ‘‘(j) TERMINATION OF AUTHORITIES TO DETERMINE

2 ENDANGERED AND THREATENED SPECIES AND DES3 IGNATE CRITICAL HABITAT.—After the date of enactment

4 of this Act, the Secretary may not any action under En5 dangered Species Act of 1973 to—

6 ‘‘(1) determine that a species is a threatened

7 species or an endangered species; or

8 ‘‘(2) designate critical habitat of a species.’’.

9 (d) TREATMENT OF SPECIES LISTED UNDER THE

10 ENDANGERED SPECIES ACT OF 1973.—

11 (1) All species determined to be endangered

12 species or threatened species pursuant to section 4

13 of the Endangered Species Act of 1973 shall be in14 cluded on the list published pursuant to section 5 of

15 this Act, except that the Secretary shall—

16 (A) within 4 years after the enactment of

17 this Act—

18 (i) determine whether each species in19 cluded on the list published under section

20 4(C) of the Endangered Species Act of

21 1973 on the date of enactment of this Act

22 meets the criteria for listing provided in

23 section 5;

24 (ii) remove from the list published

25 pursuant to section 5 of this Act those spe-
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1 cies determined not to meet the criteria of

2 section 5; and

3 (B) within 2 years of determining that a

4 species shall remain on the list pursuant to sub5 paragraph (A), the Secretary shall—

6 (i) develop a plan for the recovery or

7 conservation of the species, unless the Sec8 retary finds that such a plan will not pro9 mote the conservation or recovery of the

10 species; or

11 (ii) develop a conservation or recovery

12 statement, if the Secretary finds under

13 subparagraph (A) that a plan will not pro14 mote the conservation or recovery of the

15 species.

16 (e) COMPENSATION FOR TAKINGS UNDER THE EN17 DANGERED SPECIES ACT OF 1973.—The Secretary shall

18 compensate an owner of property whose use of any portion

19 of that property has been limited by an action taken after

20 the enactment of this Act pursuant to the Endangered

21 Species Act of 1973 as amended that diminishes the fair

22 market value of that portion by 20 percent or more. The

23 amount of compensation shall equal the diminution in

24 value that resulted from the agency action. If the diminu25 tion in value of a portion of that property is greater than
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1 50 percent, at the option of the owner, the Secretary shall

2 buy that portion of the property for its fair market value.

3 Any compensation awarded pursuant to this provision

4 shall be paid from moneys appropriated to the Secretary

5 for the activities of the United States Fish and Wildlife

6 Service or to the Secretary of Commerce for the activities

7 of the National Marine Fisheries Service as appropriate.

8 SEC. 12. INTERPRETATION.

9 The provisions of this Act shall be strictly construed

10 so as to effectuate all of the purposes stated in section

11 2 of the Act of the greatest extent possible.

12 SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

13 (a) There are authorized to be appropriated not to

14 exceed $250,000,000 for fiscal years 1996, 1997, 1998,

15 1999, and 2000 per year to enable the Secretary to carry

16 out such functions and responsibilities as he may have

17 been given under this Act.

18 (b) There are authorized to be appropriated not to

19 exceed $100,000,000 for fiscal year 1996 to enable the

20 Secretary to carry out such functions and responsibilities

21 as he may have been given under the Endangered Species

22 Act of 1973 as amended.

23 SEC. 14. EFFECTIVE DATE.

24 This Act shall be effective upon the date of enact25 ment.
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