I

106TH CONGRESS

1ST SESSION H. R. 1763

To amend the Endangered Species Act of 1973 to provide that the cost

of mitigation required under that Act for a public construction project

may not exceed 10 percent of the total project costs.

IN THE HOUSE OF REPRESENTATIVES

MAY 12, 1999

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

Committee on Resources

A BILL

To amend the Endangered Species Act of 1973 to provide

that the cost of mitigation required under that Act for

a public construction project may not exceed 10 percent

of the total project costs.

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 ‘‘Reasonable Mitigation

5 Act of 1999’’.
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1 SEC. 2. LIMITATION ON COST OF MITIGATION REQUIRED

2 UNDER ENDANGERED SPECIES ACT OF 1973

3 FOR PUBLIC PROJECTS.

4 (a) MITIGATION REQUIRED WITH RESPECT TO FED5 ERAL AGENCY ACTIONS.—Section 7 of the Endangered

6 Species Act of 1973 (16 U.S.C. 1536) is amended by add7 ing at the end the following:

8 ‘‘(q) LIMITATION ON REQUIRED MITIGATION.—

9 ‘‘(1) MITIGATION PURSUANT TO OPINION OF

10 SECRETARY.—This section does not require mitiga11 tion for any covered agency action, and the Sec12 retary may not specify any measure under clause (ii)

13 or (iii) of subsection (b)(4)(C) and may not require

14 compliance with any term or condition under para15 graph subsection (b)(4)(C)(iv) for any covered agen16 cy action, if the aggregate of the cost of all such

17 mitigation, implementing all such measures, and

18 complying with all such terms and conditions, re19 spectively, for the covered agency action will exceed

20 10 percent of the total project costs of activities

21 comprising or (in the case of a covered agency action

22 consisting of issuance of a permit or license) author23 ized by the covered agency action.

24 ‘‘(2) MITIGATION PURSUANT TO COMMITTEE

25 EXEMPTION.—The Committee may not establish any

26 mitigation and enhancement measures under sub-
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1 section (h)(1)(B) for any covered agency action if

2 the cost of implementing such measures will exceed

3 10 percent of the total project costs of activities

4 comprising or (in the case of a covered agency action

5 involving a permit or license applicant) authorized

6 by the covered agency action.

7 ‘‘(3) DEFINITIONS.—In this subsection—

8 (A) the term ‘covered agency action’

9 means—

10 ‘‘(i) any construction project that is

11 carried out or funded (in whole or in part)

12 by a Federal agency; and

13 ‘‘(ii) the issuance by any Federal

14 agency of a license or permit that would

15 authorize any construction project that is

16 carried out or funded (in whole or in part)

17 by a State or local government agency; and

18 ‘‘(B) the term ‘total project costs’ means

19 the aggregate costs of acquiring land and car20 rying out construction.’’.

21 (b) MITIGATION REQUIRED FOR INCIDENTAL TAKE

22 PERMITS.—Section 10 of the Endangered Species Act of

23 1973 (16 U.S.C. 1539) is amended by adding at the end

24 the following:

25 ‘‘(k) LIMITATION ON REQUIRED MITIGATION.—
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1 ‘‘(1) IN GENERAL.—Subsection (a)(2) does not

2 require, and the Secretary may not require as a

3 term or condition of a permit under subsection

4 (a)(1)(B), that a permittee for a public project take

5 any measures to minimize or mitigate impacts of a

6 taking under the permit if the costs of implementing

7 such measures will exceed 10 percent of the total

8 project costs of the public project.

9 ‘‘(2) DEFINITIONS.—In this subsection—

10 ‘‘(A) the term ‘public project’ means any

11 construction project that is carried out or fund12 ed (in whole or in part) by a Federal, State, or

13 local agency; and

14 ‘‘(B) the term ‘total project costs’ means

15 the aggregate costs of acquiring land and car16 rying out construction.’’.

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