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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3811 Introduced in House (IH)]

104th CONGRESS
  2d Session
                                H. R. 3811

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 12, 1996

 Mr. Shadegg introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL

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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Endangered Species Incentive Act of 
1996''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds and declares the following:
            (1) The United States has a unique and remarkable natural 
        heritage rich in fish, wildlife, and plants that the people of 
        the United States wish to conserve for the well-being and 
        benefit of future generations.
            (2) In numerous instances, we have successfully 
        demonstrated the ability to restore, improve, and effectively 
        manage natural resources, including fish, wildlife, plants, and 
        habitat.
            (3) The United States has done so because of the creativity 
        and ingenuity of our single greatest resource, our people.
            (4) According to General Accounting Office reports, most 
        endangered species are found on private land. Therefore, 
        successful conservation programs must encourage private 
        stewardship through incentive-based programs to enlist the 
        cooperation of owners of private property and invigorate their 
        conservation ethic.
            (5) Effective Federal conservation efforts shall ensure the 
        multiple use of the vast Federal estate now designated as 
        multiple use lands, to ensure a continuous supply of resources 
        critical to the people of the United States while ensuring 
        these resources are available for future generations.
            (6) Federal conservation actions should incur the lowest 
        cost possible to citizens and taxpayers and ensure efficient 
        use of scarce conservation resources.
            (7) The United States should provide incentives for State, 
        local, and private conservation efforts to enable and assist 
        States, local governments, and the private sector to create, 
        maintain, and implement effective endangered species programs, 
        and should affirmatively intervene in fish, wildlife, and plant 
        recovery conservation efforts where there is a direct and 
        substantial effect on interstate commerce and State, local, and 
        private efforts have proven ineffective.
            (8) The costs of programs which benefit society as a whole 
        should not be borne by individuals, but should be shared 
        equally by the public which benefits from those programs.
    (b) Purpose.--The purpose of this Act is to provide incentives for 
the recovery and conservation of endangered species.

SEC. 3. PREVENTING ENDANGERMENT.

    Section 6 of the Endangered Species Act of 1973 (16 U.S.C. 1535) is 
amended--
            (1) in the heading for the section, by striking ``with the 
        states''; and
            (2) by adding at the end the following new subsections:
    ``(j) Voluntary Conservation Agreements.--(1) The Secretary may 
enter into a voluntary conservation agreement for up to 5 years with 
any State, Indian tribe, or local government, if requested by the 
State, Indian tribe, or local government to do so. The goal of the 
conservation agreement shall be to prevent endangerment. The 
conservation agreement shall--
            ``(A) promote the conservation of a species for which the 
        Secretary has made a finding under section 4(b)(3) that there 
        is substantial information that listing of the species may be 
        warranted (hereafter in this Act referred to as a `candidate 
        species');
            ``(B) promote the conservation of other declining species 
        which are dependent on the same ecosystem or located within the 
        same habitat as a candidate species; or
            ``(C) promote the conservation of other species, rare 
        habitats, or regional biological diversity, as appropriate.
    ``(2) Consideration of a conservation agreement under this section 
may be initiated by the Secretary or a State, Indian tribe, or local 
government.
    ``(3) Any State, Indian tribe, or local government or coalition of 
States, Indian tribes, or local governments may submit a proposed 
conservation agreement to the Secretary for consideration. The 
Secretary may provide technical assistance or other assistance as 
appropriate for the development of such an agreement.
    ``(4) Conservation agreements shall contain the following 
information:
            ``(A) Objective, measurable scientific criteria which, if 
        met, would prevent endangerment.
            ``(B) A description of site-specific management actions to 
        achieve the criteria required under subparagraph (A) and a 
        timetable for completing those actions.
            ``(C) A description of actions that will be taken to 
        minimize adverse social or economic impacts (if any) resulting 
        from implementation of the agreement.
            ``(D) Strategies that use existing Federal, State, or other 
        public lands to promote the conservation of the species or 
        habitats that are the subject of the agreement.
            ``(E) An identification of the specific areas or 
        circumstances in which the implementation of the agreement 
        would help to reduce conflicts (if any) between conservation of 
        species and economic activity.
            ``(F) An identification of the opportunities for 
        cooperation among States, Indian tribes, local governments, 
        public utilities, and other interested persons to undertake 
        actions which would contribute to the conservation of species 
        or habitat.
            ``(G) A method of monitoring the success of the 
        conservation agreement in preventing endangerment and 
        compliance with its terms.
            ``(H) Any other information that the State, Indian tribe, 
        local government, or the Secretary considers appropriate.
    ``(5)(A) The Secretary shall, within 90 days after the date of 
submission of any conservation agreement under this subsection, 
determine whether the agreement will achieve the goals required under 
paragraph (1).
    ``(B) If the conservation agreement is not approved by the 
Secretary, the Secretary shall return the proposed conservation 
agreement to the State, Indian tribe, or local government (hereinafter 
referred to as an `agreement party') with suggestions for modification 
that would result in approval of the conservation agreement.
    ``(6)(A) If a species covered by an approved conservation agreement 
continues to decline and, as a result of the factors under section 
4(a), becomes an endangered species or threatened species, the 
agreement party may request the Secretary to transfer management 
authority for that species over to the agreement party through a 
written amendment to the conservation agreement.
    ``(B) Such management authority shall consist of the authority to 
grant permits under section 10, and to enforce the provisions of 
section 9, consistent with the goals and purposes of the Act.
    ``(C) The Secretary shall comply with a request under this 
paragraph within 60 days if the Secretary finds--
            ``(i) the agreement party is able to conduct investigations 
        to determine the status and requirements for survival and 
        recovery of the species;
            ``(ii) the agreement party is able to establish and enforce 
        programs for the conservation of the species consistent with 
        the goals and purposes of the Act; and
            ``(iii) the agreement party has committed to implement and 
        enforce sections 9 and 10 in a manner consistent with the goals 
        and purposes of the Act.
    ``(D) The Secretary may provide technical and other assistance as 
appropriate to the agreement party to carry out the provisions of this 
paragraph.
    ``(7) The agreement party shall submit an annual report to the 
Secretary on the status of the species covered by the conservation 
agreement. The Secretary shall review the annual reports to determine 
whether the agreement party is in compliance with the terms of the 
conservation agreement. If the Secretary determines that the agreement 
party is not in compliance, the Secretary shall immediately notify the 
agreement party of that determination. If the agreement party is unable 
to come into compliance within 6 months after the date of such 
notification, the conservation agreement shall be void.
    ``(8) During the time period specified in a conservation agreement, 
the Secretary may not specify additional terms to the agreement unless 
the Secretary and the agreement party determine that the species is 
likely to become an endangered species or threatened species within the 
area covered by the conservation agreement during that time period and 
additional terms are necessary to prevent endangerment.
    ``(9)(A) At the conclusion of the time period specified under 
paragraph (6)(A) in a conservation agreement, the Secretary and the 
agreement party shall review the terms of the conservation agreement to 
determine whether the conservation agreement is achieving the goal of 
preventing endangerment. If the conservation agreement is achieving 
that goal, the Secretary and the agreement party may extend the 
existing terms of the conservation agreement for a period not to exceed 
5 years, at which time the review process shall be repeated. If the 
conservation agreement is failing to achieve that goal, the Secretary 
and the agreement party may--
            ``(i) revise or renew the terms of the agreement; or
            ``(ii) choose not to renew the agreement, at which time the 
        authority for sections 9 and 10 shall transfer back to the 
        Secretary.
    ``(B) If a species is determined to be an endangered species or 
threatened species within an area covered by a conservation agreement 
during the time period specified in the agreement, the terms of the 
conservation agreement shall not remain in effect for that species 
unless the agreement is amended pursuant to paragraph (6).
    ``(10) To assist the States in carrying out the program under this 
subsection, the Secretary may utilize the land acquisition and other 
authority under this Act.
    ``(11) For purposes of this subsection, the term `prevent 
endangerment' means to conserve a species by eliminating, reducing, or 
controlling threats to the species which are otherwise likely to result 
in a determination under this Act that the species is a threatened 
species or endangered species.
    ``(k) Consistency.--
            ``(1) Each Federal agency conducting, supporting, or 
        permitting activities in the area covered by an approved 
        conservation agreement under subsection (j) shall do so in a 
        manner which is, to the maximum extent practicable, consistent 
        with the conservation agreement and the goals of this Act.
            ``(2)(A) After final approval by the Secretary of a 
        conservation agreement under subsection (j), any applicant for 
        a required Federal license, permit, or support to conduct an 
        activity affecting species within the area covered by the 
        conservation agreement shall provide certification to the 
        agency and the agreement party that such activity will be 
        conducted in a manner consistent with the conservation 
        agreement.
            ``(B) Within 90 days after receipt of certification, the 
        agreement party shall notify the Federal agency that it concurs 
        with or objects to the applicant's certification. If the 
        agreement party fails to furnish the required notification 
        within 90 days, the agreement party's concurrence with the 
        certification shall be conclusively presumed. No license, 
        permit, or other support shall be granted by the Federal agency 
        until the agreement party has concurred or until, by the 
        agreement party's failure to act, the concurrence is 
        conclusively presumed, unless the Secretary finds, after 
        providing a reasonable opportunity for comments from the 
        Federal agency and from the agreement party, that the activity 
        is consistent with the conservation agreement or is otherwise 
        necessary in the interest of national security.
    ``(l) Conservation Assistance Fund.--
            ``(1) The Secretary shall establish a Conservation 
        Assistance Fund (hereafter referred to in this subsection as 
        the `Fund'), that shall consist of all sums appropriated for 
        providing grants and advances under this subsection, and that 
        shall be administered by the Secretary as a revolving fund.
            ``(2) The Secretary may make grants and interest-free 
        advances from the Fund to any State, Indian tribe, or local 
        government to assist in the development of a conservation 
        agreement under this section or a conservation plan under 
        section 10.
            ``(3) In making grants and advances under paragraph (2) 
        with respect to an agreement or a plan, the Secretary shall 
        consider--
                    ``(A) the number of species covered by the 
                agreement or plan;
                    ``(B) the commitment to participate in the planning 
                process from a diversity of interests, including local 
                governmental, business, environmental, and landowner 
                interests;
                    ``(C) the likelihood of success of the planning 
                effort;
                    ``(D) the availability of matching funds from the 
                State or local government or other sources; and
                    ``(E) other factors the Secretary considers 
                appropriate.
            ``(4) Sums advanced from the Fund shall be repaid by the 
        earlier of--
                    ``(A) 10 years after the date of the advance; or
                    ``(B)(i) in the case of an advance for a 
                conservation agreement under subsection (j), 3 years 
                after the date of the advance if no agreement is 
                developed and submitted to the Secretary within 2 years 
                after the date of the advance; or
                    ``(ii) in the case of an advance for a conservation 
                plan under section 10, 4 years after the date of the 
                advance if no permit is issued under section 
                10(a)(1)(B) with respect to the plan within 3 years 
                after the date of the advance.
            ``(5) Sums received by the United States as repayment of 
        advances from the Fund shall be credited to the Fund and 
        available for further grants or advances in accordance with 
        this subsection without further appropriation.''.

SEC. 4. INCENTIVES FOR ENDANGERED SPECIES CONSERVATION ON PRIVATE 
              PROPERTY.

    Section 14 of the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.) is amended to read as follows:

                 ``cooperation with private landowners

    ``Sec. 14. (a) In General.--The Secretary shall seek to work 
cooperatively with private landowners in the conservation of threatened 
species and endangered species, and shall seek to minimize adverse 
social and economic consequences that may result from efforts to 
conserve such species.
    ``(b) Priorities.--In developing any recovery plan under section 
4(f) for the conservation of a threatened species or endangered 
species, the Secretary shall, to the maximum extent practicable, give 
priority to actions in the following order:
            ``(1) Actions to conserve species on Federal lands.
            ``(2) In cooperation with the appropriate State, actions to 
        conserve species on State lands.
            ``(3) In cooperation with the appropriate local government, 
        actions to conserve species on public lands within the 
        jurisdiction of that local government.
            ``(4) Ensuring that federally subsidized activities on 
        private lands are consistent with the objectives of the 
        recovery plan.
            ``(5) Ensuring that incentives to conserve species on 
        private lands under section 6(l) are used to the maximum extent 
        practicable.
            ``(6) Regulating activities on private lands in a manner 
        that will minimize adverse economic impacts through the use of 
        habitat conservation plans under section 10 and other 
        mechanisms as appropriate.
    ``(c) Public Outreach and Community Assistance Programs.--(1) The 
Secretary shall establish a Community Assistance Program to provide 
timely and accurate information to local governments or property 
owners.
    ``(2) Community Assistance Program employees shall be located 
within each field office of the United States Fish and Wildlife 
Service. Their duties shall include, but not be limited to--
            ``(A) providing accurate, timely information on local 
        impacts of listings, recovery planning efforts, and other 
        actions under this Act;
            ``(B) providing assistance on obtaining permits under 
        section 10 and other provisions of this Act;
            ``(C) serving as a focal point for questions, requests, 
        complaints, and suggestions from property owners and local 
        governments concerning the policies and activities of the 
        United States Fish and Wildlife Service or other Federal 
        agencies in the implementation of this Act; and
            ``(D) training Federal personnel on public outreach 
        efforts.
    ``(d) Private Landowner Cooperative Agreement Program.--(1) The 
Secretary shall establish a private landowner cooperative agreement 
program for the purpose of encouraging the management, restoration, or 
enhancement of habitats for endangered species or threatened species on 
private lands in furtherance of the purposes of this Act.
    ``(2) The Secretary may enter into written cooperative agreements 
with participating private landowners pursuant to the program 
established by this subsection.
    ``(3) A cooperative agreement with a landowner under this 
subsection shall--
            ``(A) describe the private lands which are subject to the 
        agreement, and any technical or other assistance which may be 
        provided to the landowner by the Secretary under the agreement, 
        as appropriate;
            ``(B) describe, for the lands covered by the agreement, as 
        of the date the agreement is entered into, the baseline 
        population size and habitat, of endangered species and 
        threatened species that are covered by the agreement;
            ``(C) provide the participating landowner with volunteer 
        status under the Fish and Wildlife Improvement Act of 1956 (16 
        U.S.C. 742f(c));
            ``(D) be effective for a period agreed to by the parties to 
        the agreement which is of sufficient duration to enhance the 
        conservation of the species covered by the agreement, and be 
        effective after that period until revoked by the landowner by 
        submission of written notice to the Secretary;
            ``(E) describe those measures necessary to further the 
        recovery of each species covered by the agreement through the 
        management, restoration, or creation of habitat upon which the 
        species is dependent; and
            ``(F) authorize, either during or after, or both, the 
        period the cooperative agreement is in effect, any taking 
        that--
                    ``(i) is otherwise incidental to, and not the 
                purpose of, the carrying out of any otherwise lawful 
                activity on the lands covered by the agreement;
                    ``(ii) does not reduce for the lands covered by the 
                agreement the baseline population size or habitat of 
                the species covered by the agreement below that 
                described in the statement of the Secretary under 
                subparagraph (B); and
                    ``(iii) does not have the effect of reducing the 
                total amount of habitat available to the overall 
                population to levels below those available to the 
                population prior to the effective date of the 
                agreement.
    ``(4) For purposes of this subsection, the term `baseline 
population and habitat' means the population size and habitat of the 
species at the time the agreement is entered into.
    ``(e) Voluntary Incentives for Conserving Species on Private 
Lands.--
            ``(1) In general.--The Secretary may establish voluntary 
        incentive programs in accordance with this subsection, and 
        under those programs, enter into written agreements with 
        private landowners to conserve endangered species or threatened 
        species on private lands consistent with the goals and purposes 
        of this Act.
            ``(2) Species reserve program.--(A) Subject to 
        appropriations, the Secretary may establish under this 
        subsection a species reserve program through contracts to 
        assist owners of important habitats for endangered species or 
        threatened species in conserving those habitats.
            ``(B) A contract under this paragraph shall set forth--
                    ``(i) the conservation measures and practices to be 
                carried out by the landowner during the term of the 
                contract; and
                    ``(ii) the commercial use, if any, to be permitted 
                on the land during such term.
            ``(C) A contract under this paragraph may include terms 
        under which the Secretary shall--
                    ``(i) share the cost of carrying out the 
                conservation measures and practices set forth in the 
                contract for which the Secretary determines that cost-
                sharing is appropriate and in the public interest; and
                    ``(ii) provide technical assistance to the 
                landowner.
            ``(3) Awards for endangered species conservation.--The 
        Secretary may establish under this subsection a program to 
        recognize excellence in non-Federal conservation of endangered 
        species and threatened species. Such program shall include, 
        subject to the availability of appropriations, the annual 
        presentation of 3 Conservation Excellence Awards in the amount 
        of $5,000 each to private landowners for voluntary efforts to 
        conserve species.
            ``(4) Land exchanges.--Consistent with existing law, the 
        Secretary and the Secretary of Agriculture are encouraged to 
        undertake exchanges of land within the jurisdiction of each 
        Secretary (other than units of the National Park System, the 
        National Wildlife Refuge System, National Wild and Scenic 
        Rivers, or the National Wilderness System) for private lands 
        for purposes of furthering the goals of this Act.''.

SEC. 5. IMPROVING HABITAT CONSERVATION PLANNING.

    Section 10(a) is amended by adding at the end the following new 
paragraphs:
    ``(3)(A) Habitat conservation plans developed pursuant to this 
subsection may cover multiple species or habitats. Any State, Indian 
tribe, local government, or other person may develop and submit to the 
Secretary a habitat conservation plan to conserve and manage multiple 
species or habitats, including but not limited to any of the following:
            ``(i) Species listed as endangered or threatened under 
        section 4(b) of this Act or under State endangered or 
        threatened species conservation programs.
            ``(ii) Species that are candidates for such listing.
            ``(iii) Other rare or declining species whose habitat is 
        located within the same ecosystem as is habitat of species 
        under clause (i) or (ii).
    ``(B) The Secretary, in cooperation with the affected State 
agencies and Indian tribes, shall issue standards and guidelines for 
the development and approval of habitat conservation plans under this 
subsection. Such standards and guidelines shall include the development 
of a short, simple, standardized form for private landowners whose 
permit under this section applies to land in residential, noncommercial 
use.
    ``(C) The Secretary shall approve a permit application for a 
multiple species conservation plan within 180 days of receipt of the 
application if the Secretary finds, in addition to the criteria under 
paragraph (2)(B) of this subsection, that such a plan--
            ``(i) is consistent with the conservation of the various 
        species or habitats covered by the plan, or, in the case of 
        endangered or threatened species, is consistent with the goals 
        of recovery plans under section 4(f) for those species; and
            ``(ii) is consistent with any voluntary conservation 
        agreements approved under section 6.
    ``(D) Upon approval of a multiple species habitat conservation 
plan, otherwise lawful activities undertaken in accordance with the 
approved plan shall be deemed to be in compliance with the requirements 
of section 9.
    ``(E) Other Federal agencies shall manage lands under their 
jurisdiction in a manner which is consistent with the conservation 
goals of the habitat conservation plan.
    ``(F) The Secretary may provide grants or interest-free loans or 
other assistance to State, Indian tribes, local governments, or other 
persons in support of the development and implementation of habitat 
conservation plans under this subsection.
    ``(G) If the Secretary, in cooperation with the permittee under 
this subsection, decides that additional mitigation measures are 
required to prevent the extinction or further decline of a species 
covered under the terms of a habitat conservation plan, a plan 
permittee who is in compliance with such a plan shall not be required 
to bear the cost of such measures.
    ``(4)(A) If the Secretary receives a permit application under this 
subsection for an activity on private property which the Secretary, 
after consultation with the property owner, finds does not meet the 
requirements established under paragraph (2), the Secretary shall, at 
the request of the applicant, prepare an analysis of the effect of such 
finding on the use of private property in question. Such analysis shall 
not be made available to the public without the consent of the owner of 
the property.
    ``(B) For purposes of this paragraph, the term `private property' 
means real property.''.

SEC. 6. TECHNICAL ASSISTANCE PROGRAMS.

    Section 6 (16 U.S.C. 1535) is further amended by adding at the end 
the following new subsection:
    ``(m) Technical Assistance Program.--The Secretary shall initiate a 
technical assistance program to provide technical advice and assistance 
to non-Federal persons who wish to participate in achieving the 
conservation objectives for a species under this Act. The technical 
assistance provided shall include information on habitat needs of 
species, optimum management of habitat for species, methods for 
propagation of species, feeding needs and habits, predator controls, 
and any other information which a non-Federal person may utilize or 
request for the purpose of conserving a species determined to be an 
endangered species or threatened species or proposed to be determined 
as an endangered species or threatened species.''.

SEC. 7. ASSISTANCE TO SMALL PRIVATE LANDOWNERS AND STATES AND LOCAL 
              COMMUNITIES.

    Section 16 of the Endangered Species Act of 1973 is amended to read 
as follows:

     ``assistance to small private landowners and states and local 
                              communities

    ``Sec. 16. (a) Guidance to State and Local Communities.--The 
Secretary of the Interior shall prepare and make publicly available a 
manual providing guidance, in everyday language, to States and local 
communities regarding the establishment of a community-based recovery 
planning process. The Secretary shall supplement the manual with an 
introductory video and kit for training members of community-based 
recovery committees. The manual, video, and training materials shall be 
designed to specifically encourage and prepare members of community-
based recovery committees to carry out effective public information 
programs in their local communities.
    ``(b) Information Regarding Upcoming Actions.--The Secretary shall 
publish, in the Federal Register and through appropriate local news 
sources, reliable and timely information regarding upcoming listings of 
species, designations of critical habitat, and issuance of recovery 
plans under this Act.
    ``(c) Technical Assistance Program.--
            ``(1) In general.--The Secretary shall establish a program 
        to provide, through field offices of the United States Fish and 
        Wildlife Service and the National Marine Fisheries Service and 
        a toll free telephone number, technical assistance and guidance 
        regarding--
                    ``(A) how to conserve endangered species and their 
                habitats,
                    ``(B) how this Act effects lands owners, and
                    ``(C) how to obtain permits under section 
                10(a)(1)(B) authorizing an incidental taking.
            ``(2) Tracking system.--The program established under this 
        subsection shall include a tracking system to establish target 
        response times that ensure that requests for assistance are 
        handled in a timely manner.
            ``(3) Information regarding alternative dispute 
        resolution.--The program established under this subsection 
        shall include the provision of information to landowners 
        regarding their rights to make claims in the United States 
        Claims Court through the alternative dispute resolution 
        process.
    ``(d) Clarification of Prohibited and Allowed Activities.--Upon the 
inclusion of a species in a list of endangered species under section 4, 
the Secretary shall, to the extent practicable, identify and publish a 
list of known activities affecting the species or its habitat that are 
prohibited under this Act, and a list of known activities affecting the 
species or its habitat that are not prohibited under this Act.''.
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