`[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 478 Reported in House (RH)]





                                                  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 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.

_______________________________________________________________________

                             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





                                                  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 agencies to comply with that 
  Act in building, operating, maintaining, or repairing flood control 
                  projects, facilities, or structures.

    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 ``Flood Prevention and Family 
Protection Act of 1997''.

SEC. 2. PURPOSE.

    The purpose of this Act is to reduce the regulatory burden on 
individuals and local, State, and Federal agencies in complying with 
the Endangered Species Act of 1973 in reconstructing, operating, 
maintaining, or repairing flood control projects, facilities, or 
structures to address imminent threats to public health or safety or 
catastrophic natural events or to comply with Federal, State, or local 
public health or safety requirements.

SEC. 3. AMENDMENTS TO ENDANGERED SPECIES ACT OF 1973.

    (a) Actions Exempt From Consultation and Conferencing.--Section 
7(a) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)) is 
amended by adding at the end the following new paragraph:
    ``(5) Consultation and conferencing under paragraphs (2) and (4) is 
not required for any agency action that--
            ``(A) consists of reconstructing, operating, maintaining, 
        or repairing a Federal or non-Federal flood control project, 
        facility, or structure--
                    ``(i) to address a critical, imminent threat to 
                public health or safety;
                    ``(ii) to address a catastrophic natural event; or
                    ``(iii) to comply with Federal, State, or local 
                public health or safety requirements; or
            ``(B) consists of maintenance, rehabilitation, repair, or 
        replacement of a Federal or non-Federal flood control project, 
        facility, or structure, including operation of a project or a 
        facility in accordance with a previously issued Federal 
        license, permit, or other authorization.''.
    (b) Permitting Takings.--Section 9(a) of such Act (16 U.S.C. 
1538(a)) is amended by adding at the end the following new paragraph:
    ``(3) For purposes of this subsection, an activity of a Federal or 
non-Federal person is not a taking of a species if the activity--
            ``(A) consists of reconstructing, operating, maintaining, 
        or repairing a Federal or non-Federal flood control project, 
        facility, or structure--
                    ``(i) to address a critical, imminent threat to 
                public health or safety;
                    ``(ii) to address a catastrophic natural event; or
                    ``(iii) to comply with Federal, State, or local 
                public health or safety requirements; or
            ``(B) consists of maintenance, rehabilitation, repair, or 
        replacement of a Federal or non-Federal flood control project, 
        facility, or structure, including operation of a project or a 
        facility in accordance with a previously issued Federal 
        license, permit, or other authorization.''.
            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.''.`