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104TH CONGRESS

1ST SESSION H. R. 2444

To reauthorize and amend the Endangered Species Act of 1973.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 29, 1995

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

Committee on Resources

A BILL

To reauthorize and amend the Endangered Species Act of

1973.

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 Habitat Conservation Act of 1995’’.

6 SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

7 Section 15 of the Endangered Species Act of 1973

8 (16 U.S.C. 1542) is amended to read as follows:

9 ‘‘AUTHORIZATION OF APPROPRIATIONS

10 ‘‘SEC. 15. (a) IN GENERAL.—There are authorized

11 to be appropriated to carry out this Act—
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1 ‘‘(1) $110,000,000 for each of the fiscal years

2 1996, 1997, 1998, 1999, and 2000, to the Depart3 ment of the Interior;

4 ‘‘(2) $15,000,000 for fiscal year 1996,

5 $20,000,000 for fiscal year 1997, $25,000,000 for

6 fiscal year 1998, $30,000,000 for fiscal year 1999,

7 and $35,000,000 for fiscal year 2000 to the Depart8 ment of Commerce; and

9 ‘‘(3) $4,000,000 for each of the fiscal years

10 1996, 1997, 1998, 1999, and 2000, to the Depart11 ment of Agriculture for the enforcement of this Act

12 and the Convention with respect to the importation

13 or exportation of plants.

14 ‘‘(b) EXEMPTIONS FROM ACT.—There are authorized

15 to be appropriated to the Secretary to assist the Secretary

16 and the Endangered Species Committee in carrying out

17 their functions under section 7 (e), (g), and (h)

18 $1,000,000 for each of the fiscal years 1996, 1997, 1998,

19 1999, and 2000.

20 ‘‘(c) CONVENTION IMPLEMENTATION.—In addition

21 to amounts authorized under subsections (a) and (b),

22 there are authorized to be appropriated to the Department

23 of the Interior for purposes of carrying out section 8A(e)

24 $500,000 for each of the fiscal years 1996, 1997, 1998,
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1 1999, and 2000, which shall remain available until ex2 pended.’’.

3 SEC. 3. REQUIRED CONTENTS OF PETITIONS.

4 Section 4(b)(3)(A) (16 U.S.C. 1533(b)(3)(A)) is

5 amended—

6 (1) by inserting ‘‘(i)’’ after ‘‘(3)(A)’’; and

7 (2) by striking all after the first sentence and

8 inserting the following:

9 ‘‘(ii) A petition referred to in clause (i) for a species

10 shall contain the following information, based on the best

11 scientific and commercial information available:

12 ‘‘(I) The current known range of the species.

13 ‘‘(II) The most recent population estimates and

14 trends, if available.

15 ‘‘(III) The reason that the petitioned action is

16 warranted, based on the factors established under

17 subsection (a).

18 ‘‘(IV) A bibliography of recent peer-reviewed

19 scientific literature on the species, if any.

20 ‘‘(V) Any other information that the petitioner

21 considers appropriate.

22 ‘‘(VI) Information on habitat occupied by the

23 species and any additional habitat needed by the

24 species.
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1 ‘‘(iii) If the Secretary finds that such a petition con2 tains such information, the Secretary shall—

3 ‘‘(I) provide the petition to each affected State

4 and request comments on whether the petitioned ac5 tion is warranted;

6 ‘‘(II) promptly commence a review of any new

7 information presented by the petition; and

8 ‘‘(III) promptly publish each finding made

9 under this subparagraph in the Federal Register.’’;

10 SEC. 4. RECOVERY PLANNING.

11 The Endangered Species Act of 1973 is amended—

12 (1) by striking section 4(f) (16 U.S.C. 1533(f));

13 and

14 (2) by amending section 13 to read as follows:

15 ‘‘RECOVERY PLANS

16 ‘‘SEC. 13. (a) REQUIREMENT TO DEVELOP STAND17 ARDS.—(1) The Secretary shall, in cooperation with ap18 propriate State agencies, and on the basis of the best sci19 entific and commercial data available, develop overall

20 standards for the development and implementation of a

21 plan (in this section referred to as a ‘recovery plan’) for

22 the conservation and recovery of each species listed pursu23 ant to section 4 and the habitats upon which such species

24 depends.

25 ‘‘(2) The Secretary shall, in cooperation with appro26 priate State agencies, and on the basis of the best sci-
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1 entific and commercial data available, develop and imple2 ment a recovery plan for the conservation and recovery

3 of each species listed pursuant to section 4 and the habi4 tats on which such species depends, unless the Secretary

5 finds that such a plan will not promote the conservation

6 of the species.

7 ‘‘(3) The Secretary, shall, consistent with paragraph

8 (1), seek to minimize and fairly distribute adverse social

9 and economic consequences that may result from imple10 mentation of recovery plans.

11 ‘‘(4) The Secretary shall—

12 ‘‘(A) issue a draft recovery plan for a species by

13 not later than 18 months after the date the species

14 is first listed pursuant to section 4; and

15 ‘‘(B) issue a final recovery plan for a species by

16 not later than 30 months after the date the species

17 is first listed pursuant to section 4.

18 ‘‘(5) The Secretary shall seek to coordinate the devel19 opment and implementation of any recovery plan under

20 this section with the development and implementation of

21 agreements for the plan under subsection (f).

22 ‘‘(6) The Secretary shall, prior to final approval of

23 a recovery plan—

24 ‘‘(A) provide public notice and a 60-day period

25 for public review and comment on the plan; and
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1 ‘‘(B) consider all information presented during

2 the public comment period.

3 ‘‘(7) Each Federal agency shall, before issuing a final

4 recovery plan, consider all information presented during

5 the public comment period for the plan under paragraph

6 (6).

7 ‘‘(b) DELEGATION OF AUTHORITY AND DEVELOP8 MENT BY STATE AGENCY.—(1) At the request of the gov9 ernor of a State, the Secretary, subject to paragraph (2),

10 shall delegate to the State agency of the State the author11 ity to develop and implement recovery plans in accordance

12 with this section for species in the State, if—

13 ‘‘(A) the State has entered into a cooperative

14 agreement with the Secretary pursuant to section

15 6(c), and

16 ‘‘(B) the State agency has the necessary au17 thority and capability to develop and implement re18 covery plans.

19 ‘‘(2) If the Secretary determines that a State agency

20 does not have the authority and capability required by

21 paragraph (1)(B), the Secretary shall—

22 ‘‘(A) notify the State agency of the specific con23 cerns of the Secretary and of any measures that

24 would address those concerns, and
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1 ‘‘(B) provide the State agency an opportunity

2 to take necessary action to address those concerns.

3 ‘‘(3)(A) The Secretary shall monitor whether each

4 State agency which has been delegated authority under

5 this subsection coordinates its activities with respect to a

6 species with other States in which the species is believed

7 to occur.

8 ‘‘(B) If the Secretary determines that a proposed re9 covery plan developed for a species by a State agency pur10 suant to this subsection is inconsistent or not complemen11 tary with any recovery plan developed for the species by

12 the State agency of another State, the Secretary may

13 reassume authority delegated to the State agency after no14 tifying the State agency and providing an adequate oppor15 tunity for the affected States to take corrective action.

16 ‘‘(4)(A) A recovery plan developed by a State agency

17 pursuant to this subsection shall not take effect unless ap18 proved by the Secretary as meeting the requirements of

19 this section.

20 ‘‘(B) The Secretary shall approve or disapprove a re21 covery plan developed by a State agency before the end

22 of the 60-day period beginning on the date the State agen23 cy submits a final proposed recovery plan.

24 ‘‘(C) The Secretary shall approve a final proposed re25 covery plan submitted by a State agency unless the Sec-
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1 retary determines that the plan does not meet the require2 ments of this section.

3 ‘‘(5) The Secretary, in cooperation with the States,

4 shall develop standards and guidelines for delegations of

5 authority to State agencies under this subsection.

6 ‘‘(c) DEVELOPMENT BY JOINT FEDERAL-STATE

7 PANELS.—(1) In lieu of the development of a recovery

8 plan for a species by a State agency under authority dele9 gated under subsection (b), the Secretary shall provide for

10 the development of a recovery plan for the species under

11 this subsection by a panel established in accordance with

12 this subsection if the Secretary—

13 ‘‘(A) reassumes the delegated authority under

14 subsection (b)(3)(B); or

15 ‘‘(B) before the end of the period referred to in

16 subsection (b)(4)(B), does not approve a final pro17 posed recovery plan for the species submitted by the

18 State agency.

19 ‘‘(2)(A) Except as provided in subparagraph (B),

20 each panel established under this subsection shall consist

21 of the following members:

22 ‘‘(i) One individual appointed by the Secretary,

23 in consultation with the Governor of the State, from

24 a list of 3 nominees submitted by the President of

25 the National Academy of Sciences.
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1 ‘‘(ii) 2 individuals appointed by the State agen2 cy.

3 ‘‘(iii) 2 individuals appointed by the Secretary.

4 ‘‘(B) In the case of a recovery plan developed under

5 this subsection because the Secretary reassumes authority

6 from, or does not approve a final proposed recovery plan

7 submitted by, more than one State agency with respect

8 to the same species, a panel established under this para9 graph shall consist of the following members:

10 ‘‘(i) One individual appointed by the Secretary,

11 in consultation with the Governor of the State, from

12 a list of 3 nominees submitted by the President of

13 the National Academy of Sciences.

14 ‘‘(ii) One individual appointed by each State

15 agency.

16 ‘‘(iii) A number of individuals appointed by the

17 Secretary, equal to the total number of individuals

18 appointed under clause (ii).

19 ‘‘(3) The members of each panel established under

20 this subsection shall be appointed from among individuals

21 who—

22 ‘‘(A) through publication of peer-reviewed sci23 entific literature or other means, have demonstrated

24 relevant scientific expertise on the species for which

25 the panel is established or a similar species; and
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1 ‘‘(B) to the maximum extent practicable—

2 ‘‘(i) do not have, and do not represent any3 one with, a significant economic interest in the

4 activities of the panel; and

5 ‘‘(ii) are not employed by, under contract

6 with, or seeking or in receipt of a grant from,

7 the Department of the Interior.

8 ‘‘(4) The Federal Advisory Committee Act (5 U.S.C.

9 App.) shall not apply to any panel established under this

10 subsection.

11 ‘‘(5) A panel shall issue a recovery plan under this

12 subsection by not later than 90 days after the completion

13 of appointment of the membership of the panel.

14 ‘‘(d) PRIORITIES IN DEVELOPING AND IMPLEMENT15 ING RECOVERY PLANS.—In implementing this section, the

16 Secretary shall give priority to—

17 ‘‘(1) the development and implementation of in18 tegrated, multispecies recovery plans for the con19 servation of threatened species, endangered species,

20 or species which the Secretary has identified as can21 didates for listing under section 4 that are depend22 ent upon a common ecosystem; and

23 ‘‘(2) endangered species or threatened species,

24 without regard to taxonomic classification, that—
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1 ‘‘(A) are most likely to benefit from recov2 ery plans,

3 ‘‘(B) the Secretary has determined present

4 the greatest potential for recovery in a timely

5 manner,

6 ‘‘(C) have a potentially large economic im7 pact,

8 ‘‘(D) are close to extinction, or that

9 ‘‘(E) serve a critical ecological function.

10 ‘‘(e) CONTENTS.—(1) Each recovery plan for a spe11 cies shall, to the maximum extent practicable, incorporate

12 the following:

13 ‘‘(A) Objective, measurable criteria and recov14 ery objectives, based on the best scientific and com15 mercial data available, which if met would result in

16 a determination that the species should be removed

17 from the list published under section 4 or changed

18 in status.

19 ‘‘(B) A description of such site-specific manage20 ment actions as may be necessary to achieve the goal

21 of the recovery plan for the conservation and sur22 vival of the species, which shall—

23 ‘‘(i) to the extent possible, include a range

24 of options;
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1 ‘‘(ii) include actions to maintain or restore

2 ecosystems upon which the species is depend3 ent; and

4 ‘‘(iii) consider the overall health of the

5 habitat of the species, impacts on species diver6 sity, and other relevant factors to ensure sus7 tainability of the entire habitat of the species.

8 ‘‘(C) Estimates of the time required and cost to

9 carry out those measures needed to achieve the goals

10 of the recovery plan and to achieve intermediate

11 steps towards that goal.

12 ‘‘(D) A description of the actions that will be

13 taken to minimize and fairly distribute adverse social

14 or economic impacts that may result from implemen15 tation of the recovery plan.

16 ‘‘(E) A designation of the critical habitat of the

17 covered species to the maximum extent prudent and

18 determinable, if such designation would contribute to

19 the conservation of the species.

20 ‘‘(F) Strategies that utilize existing Federal

21 lands, to the extent that such lands are available, to

22 promote the conservation and recovery of the spe23 cies.
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1 ‘‘(G) An identification of measures taken by all

2 parties which would contribute to the conservation of

3 the species.

4 ‘‘(H) An identification of any specific areas or

5 circumstances in which the development and imple6 mentation of conservation plans under section

7 10(a)(2) would contribute to or be consistent with

8 the conservation of the species.

9 ‘‘(I) An identification of any specific activities

10 and geographic areas which should be exempt from

11 any prohibition in section 9 related to the take of a

12 species.

13 ‘‘(J) An identification of any opportunities for

14 entering into voluntary conservation agreements with

15 private landowners that would promote the conserva16 tion of the species.

17 ‘‘(K) An identification of opportunities to co18 operate with municipalities, political subdivisions of

19 States, and other persons in actions which would

20 contribute to the conservation of the species, includ21 ing the development of implementation agreements.

22 ‘‘(L) An identification of situations in which

23 regulated takes of the species would promote the

24 conservation of the species.
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1 ‘‘(M) A clear identification of prohibited acts

2 under section 9(a) with respect to the species and

3 criteria for distinguishing between low-impact and

4 high-impact Federal projects with respect to the spe5 cies.

6 ‘‘(2) A recovery plan may include model conservation

7 plans which may be used pursuant to section 10(a)(2) in

8 furtherance of the plan.

9 ‘‘(f) IMPLEMENTATION AGREEMENTS.—(1) Each ap10 propriate Federal agency may enter into one or more im11 plementation agreements with appropriate State agencies

12 which specify measures to be undertaken by the parties

13 to the agreement for implementation of a recovery plan

14 that applies to the agency. Upon approval of the imple15 mentation agreement by the parties to the agreement and

16 by the Secretary, the agreement shall be incorporated into

17 the recovery plan.

18 ‘‘(2) The Secretary shall review each implementation

19 agreement and approve the agreement if it is consistent

20 with the requirements of this Act.

21 ‘‘(3) Each implementation agreement shall be re22 viewed and revised as necessary on a regular basis by the

23 parties to the agreement.
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1 ‘‘(4) Each party to an implementation agreement

2 shall ensure that its actions are consistent with the terms

3 of the agreement.

4 ‘‘(5) The Secretary shall give expedited review under

5 section 7(a) to Federal agency actions, plans, and projects

6 which are consistent with a recovery plan and related im7 plementation agreements under this subsection. Within

8 one year after the date of the enactment of the Endan9 gered Species Habitat Conservation Act of 1995, the Sec10 retary, in cooperation with the States, shall propose meas11 ures to implement such expedited process.

12 ‘‘(g) REVIEW OF APPROVED STATE RECOVERY

13 PLANS.—Each recovery plan developed and implemented

14 by a State agency pursuant to subsection (b) shall be re15 viewed by the Secretary at least every 3 years, in consulta16 tion with affected States. If the Secretary finds in such

17 a review that the recovery standards under the plan are

18 not being satisfied, the Secretary shall notify the State

19 of that finding. Not later than 1 year after the date of

20 that notification the Secretary shall again review whether

21 the recovery criteria are being satisfied. If the Secretary

22 finds that the recovery criteria are not being satisfied the

23 Secretary shall take such appropriate steps as may be nec24 essary to promote the conservation of species that are cov25 ered species under the plan.
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1 ‘‘(h) PUBLIC OUTREACH.—(1) The Secretary, in de2 veloping and implementing recovery plans, may procure

3 the services of the appropriate public and private agencies

4 and institutions and other qualified persons.

5 ‘‘(2) The Secretary shall, in cooperation with the

6 States, solicit the participation of relevant Federal agen7 cies and appropriate persons to identify matters under

8 subparagraphs (E) through (M) of subsection (e)(1).

9 ‘‘(i) COORDINATION WITH OTHER REQUIRE10 MENTS.—(1) Within their authorities, Federal agencies

11 shall integrate recovery plans into their land management

12 programs.

13 ‘‘(2) The requirements of section 102 of the National

14 Environmental Policy Act of 1969 (42 U.S.C. 4332) shall

15 not apply to development and implementation of a recov16 ery plan if the planning process—

17 ‘‘(A) includes an opportunity for public review

18 and comment; and

19 ‘‘(B) public comments received are considered

20 in the development of the final recovery plan.

21 ‘‘(j) EXISTING RECOVERY PLANS.—(1) Each recov22 ery plan developed under section 4(f) before the date of

23 the enactment of the Endangered Species Habitat Con24 servation Act of 1995 shall continue in effect until revised

25 by the Secretary in accordance with this section.
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1 ‘‘(2) The Secretary shall revise each recovery plan de2 veloped before the date of enactment of the Endangered

3 Species Habitat Conservation Act of 1995 under section

4 4(f), as in effect before that date of enactment, as nec5 essary for the plan to comply with this section. In imple6 menting this paragraph the Secretary shall give priority

7 to recovery plans the revision of which would provide the

8 greatest benefit to species listed under section 4 and spe9 cies which the Secretary has identified as candidates for

10 listing under section 4.’’.

11 SEC. 5. PEER REVIEW.

12 Section 14 of the Endangered Species Act of 1973

13 is amended to read as follows:

14 ‘‘PEER REVIEW REQUIREMENTS

15 ‘‘SEC. 14. (a) IN GENERAL.—(1) If in the public

16 comment period prior to making any covered determina17 tion for a species the Secretary is requested to do so by

18 any interested person because of a legitimate scientific

19 concern, the Secretary shall request the views of 3 referees

20 who—

21 ‘‘(A) through publication of peer-reviewed sci22 entific literature or other means, have demonstrated

23 relevant scientific expertise on that species or similar

24 species;

25 ‘‘(B) are selected by the Secretary in consulta26 tion with the National Academy of Sciences; and
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1 ‘‘(C) to the maximum extent practicable—

2 ‘‘(i) do not have, and do not represent any3 one with, a significant economic interest in the

4 determination; and

5 ‘‘(ii) are not employed by, under contract

6 with, or seeking or in receipt of a grant from,

7 the Department of the Interior.

8 ‘‘(2) To the maximum extent practicable, the Sec9 retary shall seek to receive views required under para10 graph (1) within 30 days after the Secretary requests the

11 views.

12 ‘‘(3) A summary of views received by the Secretary

13 pursuant to paragraph (1) shall be made available by the

14 Secretary—

15 ‘‘(A) to each affected State, and

16 ‘‘(B) to any interested person upon request.

17 ‘‘(4) In this subsection, the term ‘legitimate scientific

18 concern’ means objective scientific information that indi19 cates there is a reasonable dispute about the proposed cov20 ered determination.

21 ‘‘(b) BASIS FOR COVERED DETERMINATIONS.—The

22 Secretary shall base a covered determination on the views

23 received by the Secretary pursuant to subsection (a)(1)

24 and the preponderance of scientific data.
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1 ‘‘(c) COVERED DETERMINATION DEFINED.—in this

2 section, the term ‘covered determination’ means a deter3 mination under section 4(a).’’.

4 SEC. 6. DEFINITION OF BEST SCIENTIFIC AND COMMER5 CIAL DATA AVAILABLE.

6 Section 3 of the Endangered Species Act of 1973 (16

7 U.S.C. 1532) is amended by adding at the end the follow8 ing new paragraph:

9 ‘‘(22) The term ‘best scientific and commercial

10 data available’ means factual information, including

11 but not limited to peer reviewed scientific informa12 tion obtainable from any source, including govern13 mental and nongovernmental sources, which has

14 been to the maximum extent feasible verified by field

15 testing.’’.

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