I

103D CONGRESS

2D SESSION H. R. 3978

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

of threatened species and endangered species, to assure balanced consideration of scientific, economic, and social factors in the implementation

of the Act, to provide for scientific peer review of determinations made

under the Act, to provide private property protections, to remove obsolete

provisions, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 8, 1994

Mr. POMBO introduced the following bill; which was referred to the Committee

on Merchant Marine and Fisheries

A BILL

To amend the Endangered Species Act of 1973 to provide

for the conservation of threatened species and endangered species, to assure balanced consideration of scientific, economic, and social factors in the implementation of the Act, to provide for scientific peer review

of determinations made under the Act, to provide private

property protections, to remove obsolete provisions, 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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Endangered Species

3 Management Act of 1994’’.

4 SEC. 2. AMENDMENT OF ENDANGERED SPECIES ACT OF

5 1973.

6 Except as otherwise expressly provided, whenever in

7 this Act an amendment or repeal is expressed in terms

8 of an amendment to, or repeal of, a section or other provi9 sion, the reference shall be considered to be made to a

10 section or other provision of the Endangered Species Act

11 of 1973 (16 U.S.C. 1531 et seq.).

12 SEC. 3. FINDINGS AND PURPOSES OF ENDANGERED SPE13 CIES ACT OF 1973.

14 (a) FINDINGS.—Section 2(a)(1) (16 U.S.C.

15 1531(a)(1)) is amended to read as follows:

16 ‘‘(1) various species of fish, wildlife, and plants

17 in the United States have been rendered extinct be18 cause of inadequate conservation practices and natu19 ral processes;’’.

20 (b) PURPOSES.—Section 2(b) (16 U.S.C. 1531(b)) is

21 amended to read as follows:

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

23 provide a feasible and practical means whereby ecosystems

24 upon which endangered species and threatened species di25 rectly depend may be conserved, to provide a program for

26 the conservation of such endangered species and threat-
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1 ened species taking into account the economic and social

2 consequences of such program, and to take such steps as

3 may be practicable to achieve the purposes of the treaties

4 and conventions set forth in subsection (a).’’.

5 SEC. 4. DEFINITIONS.

6 Section 3 (16 U.S.C. 1532) is amended—

7 (1) in paragraph (5) by striking ‘‘(5)(A)’’ and

8 all that follows through the end of subparagraph (A)

9 and inserting the following:

10 ‘‘(5)(A) The term ‘critical habitat’ for a threat11 ened species or endangered species means the spe12 cific areas within the geographical area occupied by

13 a species, at the time it is listed in accordance with

14 section 4, on which are found those physical or bio15 logical features—

16 ‘‘(i) essential to the persistence of the spe17 cies over the 50-year period beginning on the

18 date of that listing or the 5-generation period

19 beginning on that date, whichever is shorter;

20 and

21 ‘‘(ii) which may require special manage22 ment considerations or protection.’’;

23 (2) in paragraph (5)(B) and (C) by striking

24 ‘‘threatened or’’ each place it occurs;
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1 (3) by redesignating paragraphs (7), (8), (9),

2 (10), (12), (13), (14), (15), (16), (17), (18), (19),

3 (20), and (21) and any reference thereto as para4 graphs (8), (9), (10), (11), (14), (15), (16), (18),

5 (19), (20), (21), (22), (24), and (25), respectively;

6 (4) in paragraph (6) by—

7 (A) inserting ‘‘(A)’’ after ‘‘(6)’’; and

8 (B) adding at the end the following:

9 ‘‘(B) The term ‘species of national interest’

10 means an endangered species or a threatened species

11 that is determined by the Secretary to be in the na12 tional interest to protect.’’;

13 (5) by inserting after paragraph (6) the follow14 ing:

15 ‘‘(7) The term ‘feasible’ means capable of being

16 accomplished in a successful manner within a rea17 sonable period of time, taking into account eco18 nomic, environmental, social, and technological fac19 tors.’’;

20 (6) by inserting after paragraph (11), as redes21 ignated by paragraph (2) of this section, the follow22 ing:

23 ‘‘(12) The term ‘interested person’ means a

24 person who is able to demonstrate personal and im-
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1 mediate harm from a Government action or inaction

2 affecting the environment.

3 ‘‘(13) The term ‘isolated populations’ means

4 populations which, although few in number in a par5 ticular habitat, are of a species which is not other6 wise threatened or endangered in the United States,

7 Canada, or Mexico.’’;

8 (7) by inserting after paragraph (16), as redes9 ignated by paragraph (2) of this section, the follow10 ing:

11 ‘‘(17) The term ‘public property’ means prop12 erty of any kind which is owned, leased, or held by

13 permit, license, or easement by any State or local

14 government or unit thereof.’’;

15 (8) by amending paragraph (19), as redesig16 nated by paragraph (2) of this section, to read as

17 follows:

18 ‘‘(19) The term ‘species’ means the minimum

19 taxonomic units of fish or wildlife or plants which—

20 ‘‘(A) normally reproduce sexually but

21 are—

22 ‘‘(i) biologically incapable of both

23 interbreeding and producing offspring

24 which can survive to maturity and repro25 duce under natural conditions, or
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1 ‘‘(ii) statistically distinguishable at a

2 percentage of nuclear genetic loci to be de3 termined by the Secretary for each family

4 of organisms that is not less than 2 per5 cent; or

6 ‘‘(B) normally reproduce asexually and are

7 statistically distinguishable at a percentage of

8 nuclear genetic loci to be determined by the

9 Secretary for each family of organisms that is

10 not less than 2 percent.’’; and

11 (9) by inserting after paragraph (22), as redes12 ignated by paragraph (2) of this section, the follow13 ing:

14 ‘‘(23) The term ‘taking of private or public

15 property’ means the foreclosure of any use of private

16 property or public property that is otherwise allowed

17 under Federal, State, and local law, that—

18 ‘‘(A) is caused by—

19 ‘‘(i) the inclusion of a species in a list

20 published under section 4(c);

21 ‘‘(ii) the designation of critical habitat

22 under section 4(a)(3);

23 ‘‘(iii) the implementation of a recovery

24 plan under section 4(f); or
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1 ‘‘(iv) any other activity that is author2 ized or required by this Act; and

3 ‘‘(B) by itself or in combination with other

4 such foreclosures of use so caused, reduces the

5 fair market value of the property by 25 percent

6 or more.’’.

7 SEC. 5. ISOLATED POPULATIONS; DESIGNATION OF CRITI8 CAL HABITAT; LISTING OF SPECIES; RECOV9 ERY PLANS.

10 (a) ISOLATED POPULATIONS.—Section 4(a) (16

11 U.S.C. 1533(a)) is amended by adding at the end the fol12 lowing:

13 ‘‘(4) ISOLATED POPULATIONS.—The Secretary

14 may not determine that an isolated population of a

15 species is an endangered species or threatened spe16 cies, if the species is not otherwise an endangered

17 species or threatened species.’’.

18 (b) DESIGNATION OF CRITICAL HABITAT.—Section

19 4(a)(3) (16 U.S.C. 1533(a)(3)) is amended—

20 (1) in the matter preceding subparagraph (A),

21 by striking ‘‘and to the maximum extent prudent

22 and determinable’’;

23 (2) in subparagraph (A)—
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1 (A) by striking ‘‘concurrently with’’ and in2 serting ‘‘concurrently with and as a condition

3 for’’; and

4 (B) by striking ‘‘and’’ after the semicolon

5 at the end;

6 (3) by redesignating subparagraph (B) and any

7 reference thereto, as subparagraph (C); and

8 (4) by inserting after subparagraph (A) the fol9 lowing:

10 ‘‘(B) shall also concurrently with making such

11 a determination, issue a report delineating all direct

12 and indirect economic and social impacts of delinea13 tion of proposed critical habitat to the areas affected

14 and to the Nation; and’’.

15 (c) BASIS FOR DETERMINATIONS.—Section 4(b) (16

16 U.S.C. 1533(b)) is amended—

17 (1) in paragraph (1)(B) by striking the mate18 rial preceding clause (i) and inserting the following:

19 ‘‘(B) The Secretary may not list a species as an

20 endangered species or threatened species pursuant

21 to subsection (c) unless—

22 ‘‘(i) the Secretary has prepared a report

23 that includes—
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1 ‘‘(I) the complete file of scientific data

2 and collection methodology which has been

3 developed in conjunction with the listing;

4 ‘‘(II) details of a recovery plan for the

5 species, including scientific data and pro6 jected costs; and

7 ‘‘(III) the complete file of data and

8 collection methodology which has been de9 veloped in conjunction with any critical

10 habitat designation for the species;

11 ‘‘(ii) after the report is prepared under

12 clause (i), scientific data supporting the listing

13 has been reviewed by a scientific peer review

14 panel consisting of 3 members appointed by the

15 Secretary from among 6 nominees submitted by

16 the President of the National Academy of

17 Sciences from the Academy’s membership who

18 have not otherwise participated in the listing

19 (including research used as the basis for the

20 listing), and recommendations of the panel are

21 submitted to the Secretary; and

22 ‘‘(iii) after the submittal of the rec23 ommendations under clause (ii), the Secretary

24 publishes notices of intent to list for 5 consecu25 tive days in a newspaper of general circulation
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1 in each area of the United States where the

2 species is believed to occur, including a state3 ment of justification for the listing and a de4 scription of possible direct and indirect social

5 and economic impacts of the listing; and

6 ‘‘(iv) after the publication of notices in ac7 cordance with clause (iii), the Secretary con8 ducts public hearings on the listing in each area

9 of the United States where the species is be10 lieved to occur.

11 ‘‘(C) The Secretary may not list any species as

12 an endangered species or threatened species pursu13 ant to subsection (c) if 90 percent or more of its ex14 isting geographic range or its population is outside

15 the borders of the United States and its territories

16 and possessions, unless the species has been—’’;

17 (2) in clause (ii) of subparagraph (C) (as in18 serted by paragraph (2) of this subsection) by strik19 ing ‘‘by any State agency’’;

20 (3) in paragraph (2)—

21 (A) in the first sentence by striking ‘‘the

22 economic impact’’ and inserting ‘‘the economic

23 and social impact’’; and

24 (B) in the second sentence by striking ‘‘,

25 unless he determines,’’ and all that follows
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1 through the end of the paragraph and inserting

2 a period;

3 (4) in paragraph (3)—

4 (A) by striking ‘‘(3)(A)’’ and all that fol5 lows through the end of subparagraph (A) and

6 inserting the following:

7 ‘‘(3)(A) Within 120 days after receiving the pe8 tition of an interested person to add a species to, or

9 to remove a species from, either of the lists pub10 lished under subsection (c), the Secretary shall—

11 ‘‘(i) convene a panel of 3 scientists with

12 appropriate expertise appointed by the Director

13 of the United States Fish and Wildlife Service

14 to evaluate and make recommendations on the

15 petition;

16 ‘‘(ii) conduct at least 1 public hearing in

17 each area where the species is believed to occur

18 on information provided in the petition and the

19 evaluation of that information by the scientific

20 panel under clause (i), utilizing the criteria in21 dicated in subsection (b)(3)(B)(iv); and

22 ‘‘(iii) make a finding regarding whether

23 the scientific, commercial, economic, and social

24 information indicates that the action petitioned

25 for may be warranted.
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1 If the Secretary finds that the action petitioned for

2 may be warranted, the Secretary shall promptly

3 commence a review of the status of the species con4 cerned in accordance with subsection (b)(1)(B). The

5 Secretary shall promptly publish each finding made

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

7 (B) in subparagraph (B)—

8 (i) in the matter preceding clause (i),

9 by striking ‘‘Within 12 months’’ and in10 serting ‘‘Within 24 months’’; and

11 (ii) by striking clause (ii) and all that

12 follows through the material preceding

13 subclause (I) of clause (iii), and inserting

14 the following:

15 ‘‘(ii) The petitioned action is tech16 nically warranted under the criteria of this

17 Act, but it is not in the national interest

18 to list it because of countervailing social or

19 economic consequences.

20 ‘‘(iii) The petitioned action is war21 ranted and in the national interest, in

22 which case the Secretary shall promptly

23 publish in the Federal Register a general

24 notice and the complete text of a proposed
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1 regulation to implement such action in ac2 cordance with paragraph (5).

3 ‘‘(iv) The petitioned action is war4 ranted, but that—’’;

5 (C) in subparagraph (C), by amending

6 clause (ii) to read as follows:

7 ‘‘(ii) Any negative finding described in sub8 paragraph (A) and any finding described in

9 subparagraph (B)(i), (ii), or (iv) shall be sub10 ject to an administrative appeal by any inter11 ested person under procedures which shall be

12 established by the Secretary. Any judicial re13 view of such a finding may occur only after

14 such an administrative appeal, and shall be

15 based solely upon the record of the administra16 tive appeal.’’;

17 (D) in subparagraph (D)—

18 (i) in clause (i) by striking ‘‘within 90

19 days’’ and inserting ‘‘within 180 days’’;

20 and

21 (ii) in clause (ii), by striking ‘‘Within

22 12 months’’ and inserting ‘‘Within 24

23 months’’; and

24 (E) by adding at the end the following:
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1 ‘‘(E) REIMBURSEMENT OF COSTS OF SCI2 ENTIFIC RESEARCH.—The Secretary, subject to

3 the availability of appropriations, may provide

4 reimbursement to any interested person for

5 costs incurred in performing or procuring sci6 entific research the results of which are used by

7 the Secretary to find, pursuant to a petition

8 under section 553(e) of title 5, United States

9 Code, that—

10 ‘‘(i) the addition of a species to a list

11 published under subsection (c) is not war12 ranted; or

13 ‘‘(ii) the removal of a species from a

14 list published under subsection (c) is war15 ranted.’’;

16 (5) in paragraph (5)—

17 (A) in subparagraph (A), by striking ‘‘not

18 less than 90 days’’ and inserting ‘‘not less than

19 120 days’’; and

20 (B) by amending subparagraph (E) to read

21 as follows:

22 ‘‘(E) promptly, following publication of

23 general notice, hold at least 1 public hearing on

24 the proposed regulation in each city and each

25 county affected by the regulation, utilizing the
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1 criteria indicated in subsection (b)(3)(B)(iv).’’;

2 and

3 (6) in paragraph (6)—

4 (A) in subparagraph (A), by striking

5 ‘‘Within the one-year period’’ and inserting

6 ‘‘Within the 24-month period’’; and

7 (B) by amending subparagraph (C) to read

8 as follows:

9 ‘‘(C) A final regulation designating critical

10 habitat of an endangered species or a threatened

11 species shall be published concurrently with the final

12 regulation adding the species to a list under sub13 section (c).’’.

14 (d) LISTING OF SPECIES.—

15 (1) REQUIREMENT FOR LISTING.—Section

16 4(c)(1) (16 U.S.C. 1533(c)(1)) is amended—

17 (A) by striking ‘‘endangered species’’ and

18 inserting ‘‘endangered species that is a species

19 of national interest,’’;

20 (B) by striking ‘‘threatened species’’ and

21 inserting ‘‘threatened species that is a species

22 of national interest’’; and

23 (C) by adding at the end the following:

24 ‘‘(3) SPECIES OF NATIONAL INTEREST.—The

25 Secretary or Secretary of Commerce, as applicable,
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1 shall determine for purposes of this subsection, with2 in the 24-month period applicable under subsection

3 (b)(6)(A) and based on the best scientific, economic,

4 social, and commercial data available, whether the

5 species is a species of national interest.’’.

6 (2) REMOVAL OF LISTED SPECIES.—A species

7 that on the date of the enactment of this Act is on

8 a list published under section 4(c)(1) of the Endan9 gered Species Act of 1973 may be removed from the

10 list only in accordance with the procedures and re11 quirements for removal established by the Act, as

12 amended by this Act.

13 (e) RECOVERY PLANS.—Section 4(f)(1) is amended

14 in the material preceding subparagraph (A) by inserting

15 after ‘‘promote the conservation of the species’’ the follow16 ing: ‘‘, that the costs associated with such a plan are an

17 unreasonable allocation of available resources, or that the

18 social and economic impacts in the area of the United

19 States in which such a plan would be implemented are

20 onerous’’.

21 SEC. 6. COMPENSATION FOR TAKINGS AND DEVALUATION

22 OF PROPERTY.

23 (a) COMPENSATION REQUIRED.—Section 5 (16

24 U.S.C. 1534) is amended—
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1 (1) by amending the section heading to read as

2 follows:

3 ‘‘LAND ACQUISITION; COMPENSATION FOR TAKING OF

4 PRIVATE OR PUBLIC PROPERTY’’; and

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

6 ‘‘(c) COMPENSATION FOR TAKING OF PRIVATE OR

7 PUBLIC PROPERTY.—The Secretary shall pay just com8 pensation for any taking of private or public property to

9 the owner of the property, including for damages incurred

10 by the owner as a result of such taking.’’.

11 (b) CLERICAL AMENDMENT.—The table of contents

12 in the first section is amended by striking the item relating

13 to section 5 and inserting the following:

‘‘Sec. 5. Land acquisition; compensation for taking of private or public property.’’.

14 SEC. 7. COOPERATION WITH STATES.

15 (a) GENERAL COOPERATIVE AGREEMENTS.—Section

16 6(c)(1) (16 U.S.C. 1535(c)(1)) is amended—

17 (1) in the matter preceding subparagraph (A)—

18 (A) by striking ‘‘the Secretary is author19 ized to enter’’ and inserting ‘‘the Secretary may

20 enter’’; and

21 (B) by striking ‘‘he shall enter’’ and insert22 ing ‘‘the Secretary may enter’’;

23 (2) in subparagraph (A), by striking ‘‘the State

24 agency or’’;
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1 (3) in subparagraph (B), by inserting ‘‘and’’

2 after the semicolon at the end;

3 (4) by striking subparagraphs (C) and (E), and

4 redesignating subparagraph (D) and any reference

5 thereto as subparagraph (C);

6 (5) in subparagraph (C), (as redesignated by

7 paragraph (4) of this subsection) by striking ‘‘and’’

8 after the semicolon at the end and inserting ‘‘or’’;

9 and

10 (6) in the matter following subparagraph (C)

11 (as redesignated by paragraph (4) of this sub12 section)—

13 (A) by striking ‘‘paragraphs (3), (4), and

14 (5) of this subsection are’’ and inserting ‘‘sub15 paragraph (C) is’’; and

16 (B) by striking ‘‘or the State agency’’.

17 (b) COOPERATIVE AGREEMENTS FOR PLANTS.—Sec18 tion 6(c)(2) (16 U.S.C. 1535(c)(2)) is amended—

19 (1) in the matter preceding subparagraph (A),

20 in the third sentence, by striking ‘‘he shall enter’’

21 and inserting ‘‘the Secretary may enter’’;

22 (2) in subparagraph (A)—

23 (A) by striking ‘‘the State agency or’’; and

24 (B) by inserting ‘‘and’’ after the semicolon

25 at the end;
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1 (3) in subparagraph (B), by inserting ‘‘or’’

2 after the semicolon at the end;

3 (4) by striking subparagraphs (C) and (D); and

4 (5) in the matter following subparagraph (B)—

5 (A) by striking ‘‘that under the State pro6 gram—’’ and all that follows through ‘‘(ii)

7 plans’’ and inserting ‘‘that under the State pro8 gram plans’’;

9 (B) by striking ‘‘or the State agency’’; and

10 (C) by striking ‘‘pursuant to clause (i) and

11 this clause’’ and inserting ‘‘pursuant to this

12 matter following subparagraph (B)’’.

13 (c) ALLOCATION OF FUNDS.—Section 6(d)(1) (16

14 U.S.C. 1535(d)(1)) is amended—

15 (1) by striking subparagraphs (C), and (D),

16 and by redesignating subparagraphs (E), (F), and

17 (G) and any reference thereto in order as subpara18 graphs (C), (D), and (E); and

19 (2) in the matter following subparagraph (E)

20 (as redesignated by paragraph (1) of this sub21 section) by striking ‘‘subsection (i)’’ and inserting

22 ‘‘subsection (h)’’.

23 (d) REPEAL OF TRANSITION PROVISIONS.—

24 (1) REPEAL.—Subsection (g) of section 6 (16

25 U.S.C. 1535(d)) is repealed.
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1 (2) CONFORMING AMENDMENT.—Subsections

2 (h) and (i) of section 6 (16 U.S.C. 1535(h), (i)) and

3 any reference thereto are redesignated in order as

4 subsections (g) and (h).

5 SEC. 8. INTERAGENCY COOPERATION.

6 (a) FEDERAL AGENCY ACTIONS.—Section 7(a)(2)

7 (16 U.S.C. 1536(a)(2)) is amended—

8 (1) in the first sentence by striking ‘‘which is

9 determined by the Secretary, after consultation as

10 appropriate with affected States,’’ and inserting

11 ‘‘which has been determined by the Secretary’’; and

12 (2) in the second sentence by inserting ‘‘, eco13 nomic, social,’’ after ‘‘best scientific’’.

14 (b) OPINION OF SECRETARY.—Subsection (b) of sec15 tion 7 (16 U.S.C. 1536(b)) is amended by—

16 (1) striking ‘‘(1)(A)’’ and all that follows

17 through the end of paragraph (1); and

18 (2) inserting after and below the heading for

19 the subsection the following:

20 ‘‘(1) IN GENERAL.—

21 ‘‘(A) DEADLINE FOR CONCLUSION OF CON22 SULTATION.—Consultation under subsection

23 (a)(2) with respect to any agency action shall

24 be concluded within the 90-day period begin25 ning on the date on which initiated.
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1 ‘‘(B) FAILURE TO CONCLUDE CONSULTA2 TION.—If a consultation is not concluded in the

3 period specified in subparagraph (A), the Sec4 retary is deemed to have—

5 ‘‘(i) issued an opinion under para6 graph (3) that the action—

7 ‘‘(I) is not likely to jeopardize the

8 continued existence of any endangered

9 species or threatened species, as appli10 cable, and

11 ‘‘(II) is not likely to result in the

12 destruction or adverse modification of

13 critical habitat of such a species; and

14 ‘‘(ii) made the conclusions described

15 in subparagraphs (A), (B), and (C) of

16 paragraph (4).’’.

17 (c) BIOLOGICAL ASSESSMENT.—Section 7(c)(1) (16

18 U.S.C. 1536(c)(1)) is amended in the first sentence by

19 striking ‘‘has begun on’’ and inserting ‘‘was begun on or

20 before’’.

21 (d) LIMITATION ON COMMITMENT OF RESOURCES.—

22 Section 7(d) (16 U.S.C. 1536(d)) is amended to read as

23 follows:

24 ‘‘(d) LIMITATION ON COMMITMENT OF RE25 SOURCES.—The Secretary may not specify as a reasonable
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1 and prudent alternative under subsection (b)(4)(C)(ii),

2 and may not set forth as a term or condition under sub3 section (b)(4)(C)(iii), any action which is likely to result

4 in a taking of public or private property or substantial

5 social or economic impact, unless—

6 ‘‘(1) a report has been prepared by the Sec7 retary, that includes—

8 ‘‘(A) the complete file of scientific data

9 and collection methodology which have been de10 veloped by the Secretary supporting the action;

11 ‘‘(B) a recovery plan for the species con12 cerned, including scientific data and a descrip13 tion of the projected costs of implementing the

14 recovery plan; and

15 ‘‘(C) the complete file of data and collec16 tion methodology which have been developed in

17 conjunction with any designation of critical

18 habitat of the species concerned;

19 ‘‘(2) scientific data supporting the action have

20 been reviewed by a scientific peer review panel con21 sisting of 3 members appointed by the Secretary

22 from among nominees submitted by the President of

23 the National Academy of Sciences;

24 ‘‘(3) the panel submits recommendations on the

25 action to the Secretary; and
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1 ‘‘(4) the Secretary conducts public hearings on

2 the action in each area of the United States in which

3 the species is believed to occur, after publication of

4 notices describing the proposed alternative, term or

5 condition, as applicable (including statements of jus6 tification therefor and a description of possible di7 rect and indirect social and economic impacts), for

8 5 consecutive days in a newspaper of general circula9 tion in each area of the United States in which the

10 species is believed to occur.’’.

11 (e) COMMUNICATIONS BETWEEN PRESIDENT AND

12 MEMBERS OF ENDANGERED SPECIES COMMITTEE.—Sec13 tion 7(e)(5) (16 U.S.C. 1536(e)(5)) is amended by adding

14 at the end the following:

15 ‘‘(E) Communications between the Presi16 dent and any member of the Committee shall

17 not constitute ex parte communications.’’.

18 (f) EXEMPTION REGULATIONS.—Section 7(f) (16

19 U.S.C. 1536(f)) is amended in the first sentence by strik20 ing ‘‘Not later’’ and all that follows through ‘‘regulations’’

21 and inserting the following: ‘‘The Secretary may, from

22 time to time, promulgate or amend regulations’’.
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1 SEC. 9. CLERICAL AMENDMENT.

2 Section 8A(e) (16 U.S.C. 1537a(e)) is amended by

3 striking paragraph (3) and redesignating paragraph (4)

4 and any reference thereto as paragraph (3).

5 SEC. 10. LIMITATION ON APPLICATION OF PROHIBITIONS.

6 Section 9(b)(2) (16 U.S.C. 1538(b)(2)) is amended

7 by striking ‘‘raptor’’ each place it appears and inserting

8 ‘‘species’’.

9 SEC. 11. HARDSHIP PERMIT EXEMPTIONS.

10 Section 10(b)(1) (16 U.S.C. 1539(b)(1)) is amend11 ed—

12 (1) in clause (A) by inserting ‘‘and’’ after the

13 semicolon;

14 (2) by striking clause (B) and any reference

15 thereto; and

16 (3) by redesignating clause (C) and any ref17 erence thereto as clause (B).

18 SEC. 12. PENALTIES AND ENFORCEMENT.

19 (a) EXEMPTION OF STATE AND LOCAL OFFICIALS

20 FROM PENALTIES.—Section 11 (16 U.S.C. 1540) is

21 amended—

22 (1) by adding at the end of subsection (a) the

23 following:

24 ‘‘(4) A State or local official shall not be sub25 ject to any penalty under this subsection for any act

26 of the official in the performance of any duty of the
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1 official that is established by, and carried out in ac2 cordance with, State or local law.’’; and

3 (2) by adding at the end of subsection (b) the

4 following:

5 ‘‘(4) A State or local official shall not be sub6 ject to any penalty under this subsection for any act

7 of the official in the performance of any duty of the

8 official that is established by, and carried out in ac9 cordance with, State or local law.’’.

10 (b) CITIZEN SUITS.—Section 11(g) (16 U.S.C.

11 1540(g)) is amended—

12 (1) in paragraph (1)(A), by striking ‘‘or’’ after

13 the semicolon;

14 (2) in paragraph (1)(B), by striking ‘‘or’’ after

15 the semicolon;

16 (3) in paragraph (1)(C), by striking the period

17 and inserting ‘‘; or’’;

18 (4) by inserting after paragraph (1)(C) the fol19 lowing:

20 ‘‘(D) to challenge any listing of a species

21 under section 4(c) as a species of national inter22 est, including to protect economic, social, or bi23 ological interests.’’; and

24 (5) in paragraph (3), by striking ‘‘(A)’’ and by

25 striking subparagraph (B).
26

•HR 3978 IH

1 SEC. 13. REPEAL OF REQUIREMENT THAT SECRETARY OF

2 THE SMITHSONIAN INSTITUTION REVIEW

3 PLANTS AND CONSERVATION MEASURES.

4 Section 12 (16 U.S.C. 1541) is repealed.

5 SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

6 (a) REPEAL OF LIMITATIONS.—Section 15 (16

7 U.S.C. 1542) is repealed.

8 (b) RULE OF CONSTRUCTION.—Subsection (a) of this

9 section shall not be construed to limit authority to appro10 priate amounts necessary to carry out the Endangered

11 Species Act of 1973.

12 SEC. 15. ANNUAL COST ANALYSES BY UNITED STATES FISH

13 AND WILDLIFE SERVICE.

14 Section 18 (16 U.S.C. 1544) is amended by striking

15 ‘‘January 15, 1990, and each January 15 thereafter’’ and

16 inserting ‘‘January 15 of each year’’.

17 SEC. 16. CLERICAL AMENDMENTS.

18 (a) Sections 13, 14, and 16 are repealed.

19 (b) Sections 17 and 18 (16 U.S.C. 1543 and 1544)

20 and any reference thereto are redesignated in order as sec21 tions 12 and 13.

Æ

HR 3978 IH——2