I

105TH CONGRESS

1ST SESSION H. R. 752

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

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,
2

•HR 752 IH

1 SECTION 1. SHORT TITLE.

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

3 Act of 1996’’.

4 SEC. 2. FINDINGS.

5 The Congress finds the following:

6 (1) The Endangered Species Act of 1973 grants

7 broad regulatory authority to various agencies to

8 take actions to protect, preserve, and recover species

9 of plants and animals determined to be in danger of

10 extinction or threatened with becoming so within the

11 foreseeable future.

12 (2) Recently, private property owners and other

13 persons that have been adversely impacted by Fed14 eral agency actions under the Endangered Species

15 Act of 1973 have sought to bring civil actions for ju16 dicial review of those agency actions. The United

17 States Circuit Court of Appeals for the 9th Circuit

18 has found that plaintiffs in those actions do not have

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

20 into the zone of interests protected by the Endan21 gered Species Act of 1973.

22 SEC. 3. GIVING PERSONS WITH AFFECTED ECONOMIC IN23 TERESTS EQUAL STANDING TO SUE UNDER

24 THE ENDANGERED SPECIES ACT OF 1973.

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

26 1973 (16 U.S.C. 1540(g)(1)) is amended by striking so
3

•HR 752 IH

1 much as precedes subparagraph (A) and inserting the fol2 lowing:

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

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

5 of the Constitution and demonstrates having suffered or

6 being threatened with economic or other injury resulting

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

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

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

10 standing to commence a civil suit on his or her own be11 half—’’.

Æ