Union Calendar No. 28

105TH CONGRESS

1ST SESSION H. R. 752

[Report No. 105–42]

A BILL

To amend the Endangered Species Act of 1973 to

suit on their own behalf.with the Act have standing to commence a civilor a failure of the Secretary to act in accordancewith injury resulting from a violation of the Actensure that persons that suffer or are threatened

MARCH 21, 1997

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 28

105TH CONGRESS

1ST SESSION H. R. 752

[Report No. 105–42]

To amend the Endangered Species Act of 1973 to ensure that persons

that suffer or are threatened with injury resulting from a violation

of the Act or a failure of the Secretary to act in accordance with

the Act have standing to commence a civil suit on their own behalf.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 13, 1997

Mrs. CHENOWETH (for herself, Mr. YOUNG of Alaska, Mr. SMITH of Oregon,

Mr. POMBO, Mr. DOOLITTLE, Mr. RADANOVICH, Mr. CRAPO, Mr. BARTLETT of Maryland, Mr. TAUZIN, Mr. RIGGS, Mr. BONO, Mr.

CUNNINGHAM, Mr. HANSEN, Mr. SAM JOHNSON of Texas, Mr.

ROHRABACHER, Mr. KOLBE, Mr. STUMP, Mr. SMITH of Texas, Mr.

THORNBERRY, Mr. MCINTOSH, Mr. GIBBONS, Mr. HERGER, Mr. BARTON

of Texas, Mr. BUNNING, Mr. HOSTETTLER, Mr. SNOWBARGER, Mr.

DICKEY, Mr. BURTON of Indiana, Mr. CANNON, Mr. ISTOOK, Mr.

ADERHOLT, Mr. COMBEST, Mr. NEUMANN, Mr. HILL, Mr. SOLOMON, Mr.

METCALF, Mrs. CUBIN, Mr. CRANE, Mr. BARR of Georgia, Mr. COOKSEY,

Mr. NEY, Mr. DELAY, Mr. HUNTER, Mr. PETERSON of Pennsylvania,

Mr. BONILLA, and Mr. MCKEON) introduced the following bill; which was

referred to the Committee on Resources

MARCH 21, 1997

Additional sponsors: Mr. CALVERT, Mr. LUCAS of Oklahoma, Mr. SHADEGG,

Mr. HASTINGS of Washington, and Mr. SKEEN

MARCH 21, 1997

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed
2

•HR 752 RH

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

A BILL

To amend the Endangered Species Act of 1973 to ensure

that persons that suffer or are threatened with injury

resulting from a violation of the Act or a failure of

the Secretary to act in accordance with the Act have

standing to commence a civil suit on their own behalf.

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 ‘‘Citizen’s Fair Hearing

5 Act of 1996’’.

6 SEC. 2. FINDINGS.

7 The Congress finds the following:

8 (1) The Endangered Species Act of 1973 grants

9 broad regulatory authority to various agencies to

10 take actions to protect, preserve, and recover species

11 of plants and animals determined to be in danger of

12 extinction or threatened with becoming so within the

13 foreseeable future.

14 (2) Recently, private property owners and other

15 persons that have been adversely impacted by Fed16 eral agency actions under the Endangered Species

17 Act of 1973 have sought to bring civil actions for ju-
3

•HR 752 RH

1 dicial review of those agency actions. The United

2 States Circuit Court of Appeals for the 9th Circuit

3 has found that plaintiffs in those actions do not have

4 standing to bring the suits, because they do not fall

5 into the zone of interests protected by the Endan6 gered Species Act of 1973.

7 SEC. 3. GIVING PERSONS WITH AFFECTED ECONOMIC IN8 TERESTS EQUAL STANDING TO SUE UNDER

9 THE ENDANGERED SPECIES ACT OF 1973.

10 Section 11(g)(1) of the Endangered Species Act of

11 1973 (16 U.S.C. 1540(g)(1)) is amended by striking so

12 much as precedes subparagraph (A) and inserting the fol13 lowing:

14 ‘‘(g) CITIZEN SUITS.—(1) Except as provided in

15 paragraph (2), any person that satisfies the requirements

16 of the Constitution and demonstrates having suffered or

17 being threatened with economic or other injury resulting

18 from a violation of the Act or a failure of the Secretary

19 to act in accordance with the Act is deemed to be within

20 the zone of protected interests of this Act and shall have

21 standing to commence a civil suit on his or her own be22 half—’’.

23 SECTION 1. SHORT TITLE.

24 This Act may be cited as the ‘‘Citizen’s Fair Hearing

25 Act of 1997’’.
4

•HR 752 RH

1 SEC. 2. FINDINGS.

2 The Congress finds the following:

3 (1) The Endangered Species Act of 1973 grants

4 broad regulatory authority to various agencies to take

5 actions to protect, preserve, and recover species of

6 plants and animals determined to be in danger of ex7 tinction or threatened with becoming so within the

8 foreseeable future.

9 (2) Recently, private property owners and other

10 persons that have been adversely impacted by Federal

11 agency actions under the Endangered Species Act of

12 1973 have sought to bring civil actions for judicial re13 view of those agency actions. The United States Cir14 cuit Court of Appeals for the 9th Circuit has found

15 that plaintiffs in those actions do not have standing

16 to bring the suits, because they do not fall into the

17 zone of interests protected by the Endangered Species

18 Act of 1973.

19 SEC. 3. GIVING PERSONS WITH AFFECTED ECONOMIC IN20 TERESTS EQUAL STANDING TO SUE UNDER

21 THE ENDANGERED SPECIES ACT OF 1973.

22 Section 11(g)(1) of the Endangered Species Act of 1973

23 (16 U.S.C. 1540(g)(1)) is amended by striking so much as

24 precedes subparagraph (A) and inserting the following:

25 ‘‘(g) CITIZEN SUITS.—(1) Except as provided in para26 graph (2), any person that satisfies the requirements of the
5

•HR 752 RH

1 Constitution and demonstrates having suffered or being

2 threatened with economic or other injury resulting from a

3 violation of this Act or a failure of the Secretary to act

4 in accordance with this Act is deemed to be within the zone

5 of protected interests of this Act and shall have standing

6 to commence a civil suit on his or her own behalf—’’.