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105TH CONGRESS

1ST SESSION H. R. 478

To amend the Endangered Species Act of 1973 to improve the ability of

individuals and local, State, and Federal agencies to comply with that

Act in building, operating, maintaining, or repairing flood control

projects, facilities, or structures.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 21, 1997

Mr. HERGER (for himself and Mr. POMBO) introduced the following bill; which

was referred to the Committee on Resources

A BILL

To amend the Endangered Species Act of 1973 to improve

the ability of individuals and local, State, and Federal

agencies to comply with that Act in building, operating,

maintaining, or repairing flood control projects, facilities,

or structures.

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 ‘‘Flood Prevention and

5 Family Protection Act of 1997’’.
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1 SEC. 2. PURPOSE.

2 The purpose of this Act is to improve the ability of

3 individuals and local, State, and Federal agencies to com4 ply with the Endangered Species Act of 1973 in building,

5 operating, maintaining, or repairing flood control projects,

6 facilities, or structures to address imminent threats to

7 public health or safety or catastrophic natural events or

8 to comply with Federal, State, or local public health or

9 safety requirements.

10 SEC. 3. AMENDMENTS TO ENDANGERED SPECIES ACT OF

11 1973.

12 (a) ACTIONS EXEMPT FROM CONSULTATION AND

13 CONFERENCING.—Section 7(a) of the Endangered Species

14 Act of 1973 (16 U.S.C. 1536(a)) is amended by adding

15 at the end the following new paragraph:

16 ‘‘(5) Consultation and conferencing under paragraphs

17 (2) and (4) is not required for any agency action that—

18 ‘‘(A) consists of building, operating, maintain19 ing, or repairing a Federal or non-Federal flood con20 trol project, facility, or structure—

21 ‘‘(i) to address a critical, imminent threat

22 to public health or safety;

23 ‘‘(ii) to address a catastrophic natural

24 event; or

25 ‘‘(iii) to comply with Federal, State, or

26 local public health or safety requirements; or
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1 ‘‘(B) consists of routine operation, mainte2 nance, rehabilitation, repair, or replacement of a

3 Federal or non-Federal flood control project, facility,

4 or structure, including operation of a project or a fa5 cility in accordance with a previously issued Federal

6 license, permit, or other authorization.’’.

7 (b) PERMITTING TAKINGS.—Section 9(a) of such Act

8 (16 U.S.C. 1538(a)) is amended by adding at the end the

9 following new paragraph:

10 ‘‘(3) For purposes of this subsection, an activity of

11 a Federal or non-Federal person is not a taking of a spe12 cies if the activity—

13 ‘‘(A) consists of building, operating, maintain14 ing, or repairing a Federal or non-Federal flood con15 trol project, facility, or structure—

16 ‘‘(i) to address a critical, imminent threat

17 to public health or safety;

18 ‘‘(ii) to address a catastrophic natural

19 event; or

20 ‘‘(iii) to comply with Federal, State, or

21 local public health or safety requirements; or

22 ‘‘(B) consists of routine operation, mainte23 nance, rehabilitation, repair, or replacement of a

24 Federal or non-Federal flood control project, facility,

25 or structure, including operation of a project or a fa-
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1 cility in accordance with a previously issued Federal

2 license, permit, or other authorization.’’.

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