Union Calendar No. 50

105TH CONGRESS

1ST SESSION H. R. 478

[Report No. 105–75]

A BILL

To amend the Endangered Species Act of 1973 to

tures.pairing flood control projects, facilities, or strucAct in building, operating, maintaining, or reState, and Federal agencies to comply with thatimprove the ability of individuals and local,

APRIL 24, 1997

Reported with amendments, committed to the Committee

dered to be printedof the Whole House on the State of the Union, and or-
IB

Union Calendar No. 50

105TH CONGRESS

1ST SESSION H. R. 478

[Report No. 105–75]

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

APRIL 24, 1997

Additional sponsors: Mr. RADANOVICH, Mr. ROHRABACHER, Mr. DOOLITTLE,

Mr. LEWIS of California, Mr. HOSTETTLER, Mr. YOUNG of Alaska, Mr.

HULSHOF, Mr. NETHERCUTT, Mr. SMITH of Oregon, Mrs. EMERSON,

Mrs. CHENOWETH, Mr. LARGENT, Mr. MCINTOSH, Mr. DELAY, Mr.

HASTINGS of Washington, Mr. BONO, Mr. WICKER, Mr. KIM, Mr.

GALLEGLY, Mr. CONDIT, Mr. SESSIONS, Mr. TAUZIN, and Mr. PACKARD

APRIL 24, 1997

Reported with amendments, committed to the Committee of the Whole House

on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on January 21, 1997]

A BILL

To amend the Endangered Species Act of 1973 to improve

the ability of individuals and local, State, and Federal
2

•HR 478 RH

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’’.

6 SEC. 2. PURPOSE.

7 The purpose of this Act is to reduce the regulatory bur8 den on individuals and local, State, and Federal agencies

9 in complying with the Endangered Species Act of 1973 in

10 reconstructing, operating, maintaining, or repairing flood

11 control projects, facilities, or structures to address immi12 nent threats to public health or safety or catastrophic natu13 ral events or to comply with Federal, State, or local public

14 health or safety requirements.

15 SEC. 3. AMENDMENTS TO ENDANGERED SPECIES ACT OF

16 1973.

17 (a) ACTIONS EXEMPT FROM CONSULTATION AND CON18 FERENCING.—Section 7(a) of the Endangered Species Act

19 of 1973 (16 U.S.C. 1536(a)) is amended by adding at the

20 end the following new paragraph:

21 ‘‘(5) Consultation and conferencing under paragraphs

22 (2) and (4) is not required for any agency action that—
3

•HR 478 RH

1 ‘‘(A) consists of reconstructing, operating, main2 taining, or repairing a Federal or non-Federal flood

3 control project, facility, or structure—

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

5 to public health or safety;

6 ‘‘(ii) to address a catastrophic natural

7 event; or

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

9 local public health or safety requirements; or

10 ‘‘(B) consists of maintenance, rehabilitation, re11 pair, or replacement of a Federal or non-Federal flood

12 control project, facility, or structure, including oper13 ation of a project or a facility in accordance with a

14 previously issued Federal license, permit, or other au15 thorization.’’.

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

17 (16 U.S.C. 1538(a)) is amended by adding at the end the

18 following new paragraph:

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

20 Federal or non-Federal person is not a taking of a species

21 if the activity—

22 ‘‘(A) consists of reconstructing, operating, main23 taining, or repairing a Federal or non-Federal flood

24 control project, facility, or structure—
4

•HR 478 RH

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

2 to public health or safety;

3 ‘‘(ii) to address a catastrophic natural

4 event; or

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

6 local public health or safety requirements; or

7 ‘‘(B) consists of maintenance, rehabilitation, re8 pair, or replacement of a Federal or non-Federal flood

9 control project, facility, or structure, including oper10 ation of a project or a facility in accordance with a

11 previously issued Federal license, permit, or other au12 thorization.’’.

Amend the title so as to read: ‘‘A bill to amend the

Endangered Species Act of 1973 to reduce the regulatory

burden on individuals and local, State, and Federal agencies in complying with that Act in reconstructing, operating, maintaining, or repairing flood control projects, facilities, or structures.’’.