II 

110TH CONGRESS 

2D SESSION S. 3071 

To amend the Endangered Species Act of 1973 to temporarily prohibit the 

Secretary of the Interior from considering global climate change as 

a natural or manmade factor in determining whether a species is a 

threatened or endangered species, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 22, 2008 

Mr. BARRASSO introduced the following bill; which was read twice and 

referred to the Committee on Environment and Public Works 

A BILL 

To amend the Endangered Species Act of 1973 to temporarily prohibit the Secretary of the Interior from considering global climate change as a natural or manmade 

factor in determining whether a species is a threatened 

or 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. REQUIREMENT RELATING TO GLOBAL CLI4 MATE CHANGE. 

5 (a) FINDINGS.—Congress finds that— 

6 (1) without the cooperation of other countries, 

7 the United States cannot reverse global climate 


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1 change to ensure the recovery of species that are 

2 listed as threatened or endangered species on the list 

3 of threatened species or the list of endangered spe4 cies published under section 4(c)(1) of the Endan5 gered Species Act of 1973 (16 U.S.C. 1533(c)(1)); 

6 and 

7 (2) the ratification of an international agree8 ment by each major carbon emitting country is the 

9 likely path towards— 

10 (A) reversing global climate change; and 

11 (B) ensuring through applicable laws (in12 cluding regulations) the recovery of species de13 scribed in paragraph (1) that are affected by 

14 global climate change. 

15 (b) REQUIREMENT RELATING TO GLOBAL CLIMATE

16 CHANGE.—Section 4(a) of the Endangered Species Act of 

17 1973 (16 U.S.C. 1533(a)) is amended— 

18 (1) in paragraph (1)(E), by inserting ‘‘subject 

19 to paragraph (4),’’ before ‘‘other natural’’; and 

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

21 ‘‘(4) REQUIREMENT RELATING TO GLOBAL CLI22 MATE CHANGE.— 

23 ‘‘(A) DEFINITIONS.—In this paragraph: 


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1 ‘‘(i) ADMINISTRATOR.—The term ‘Ad2 ministrator’ means the Administrator of 

3 the Environmental Protection Agency. 

4 ‘‘(ii) GLOBAL CLIMATE CHANGE.— 

5 The term ‘global climate change’ includes 

6 any significant increase in— 

7 ‘‘(I) global air temperatures; or 

8 ‘‘(II) global sea levels. 

9 ‘‘(iii) GREENHOUSE GAS.—The term 

10 ‘greenhouse gas’ has the meaning given the 

11 term in section 1610(a) of the Energy Pol12 icy Act of 1992 (42 U.S.C. 13389(a)). 

13 ‘‘(iv) MAJOR EMITTER OF GREEN14 HOUSE GAS.— 

15 ‘‘(I) IN GENERAL.—The term 

16 ‘major emitter of greenhouse gas’ 

17 means any country that the Adminis18 trator determines to be a major emit19 ter of greenhouse gas. 

20 ‘‘(II) INCLUSIONS.—The term 

21 ‘major emitter of greenhouse gas’ in22 cludes— 

23 ‘‘(aa) China; 

24 ‘‘(bb) India; and 

25 ‘‘(cc) the United States. 


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1 ‘‘(B) DUTIES OF SECRETARY.— 

2 ‘‘(i) RATIFICATION OF INTER3 NATIONAL AGREEMENT.—In determining 

4 whether any species is a threatened or en5 dangered species under paragraph (1), the 

6 Secretary shall not consider global climate 

7 change as a natural or manmade factor 

8 under paragraph (1)(E) until the date on 

9 which the Administrator notifies the Sec10 retary that each major emitter of green11 house gas has ratified an international 

12 agreement to reduce the quantity of green13 house gases emitted from each major emit14 ter of greenhouse gas. 

15 ‘‘(ii) COMPLIANCE WITH INTER16 NATIONAL AGREEMENT.— 

17 ‘‘(I) ANNUAL DETERMINA18 TIONS.—The Secretary shall, on an 

19 annual basis, request the Adminis20 trator to determine whether each 

21 major emitter of greenhouse gas is in 

22 compliance with the international 

23 agreement described in clause (i). 

24 ‘‘(II) EFFECTS.—If the Adminis25 trator determines that any major 


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1 emitter of greenhouse gas is not in 

2 compliance with the international 

3 agreement described in clause (i) for 

4 the period covered by the determina5 tion— 

6 ‘‘(aa) the Secretary shall not 

7 consider global climate change as 

8 a natural or manmade factor 

9 under paragraph (1)(E) until the 

10 date on which the Administrator 

11 notifies the Secretary that each 

12 major emitter of greenhouse gas 

13 is in compliance with the inter14 national agreement; and 

15 ‘‘(bb) each species that the 

16 Secretary has determined to be a 

17 threatened or endangered species 

18 under paragraph (1) as the result 

19 of global climate change shall not 

20 be considered to be a threatened 

21 or endangered species until the 

22 date described in item (aa).’’. 

23 (c) EFFECTIVE DATE.—The amendments made by 

24 subsection (b) take effect on January 1, 2006. 

Æ 


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