I 

108TH CONGRESS 

2D SESSION H. R. 4475

To amend the Endangered Species Act of 1973 to focus conservation efforts 

under that Act on the 109 species most in danger of extinction, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 1, 2004

Mr. GRAVES introduced the following bill; which was referred to the 

Committee on Resources 

A BILL

To amend the Endangered Species Act of 1973 to focus 

conservation efforts under that Act on the 109 species 

most in danger of extinction, and for other purposes.

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 ‘‘Endangered Species 

5 Recovery Act of 2004’’. 
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1 TITLE I—AMENDMENTS TO EN2 DANGERED SPECIES ACT OF 

3 1973

4 SEC. 101. DEFINITION OF ENDANGERED SPECIES. 

5 Section 3(6) of the Endangered Species Act of 1973 

6 (16 U.S.C. 1532(6)) is amended by striking ‘‘all or a sig7 nificant portion of its range’’ and inserting ‘‘all of its glob8 al range’’. 

9 SEC. 102. LISTING OF 109 ENDANGERED SPECIES MOST IN 

10 DANGER OF EXTINCTION. 

11 (a) DETERMINATION OF SPECIES MOST IN DANGER

12 OF EXTINCTION.—Section 4(a) of the Endangered Species 

13 Act of 1973 (16 U.S.C. 1533(a)) is amended by adding 

14 at the end the following: 

15 ‘‘(4) DETERMINATION OF SPECIES MOST IN

16 DANGER OF EXTINCTION.—The Secretary shall de17 termine, from among the species determined under 

18 this subsection to be endangered species or threat19 ened species, the 109 species that are in the greatest 

20 danger of extinction throughout all or a significant 

21 portion of their range. The Secretary shall use the 

22 best scientific evidence available to determine those 

23 species.’’. 
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1 (b) LIMITATIONS ON LISTING AND PROTECTION TO

2 109 SPECIES.—Section 4 of the Endangered Species Act 

3 of 1973 (16 U.S.C. 1533) is amended—

4 (1) in subsection (a)(2)(A)(i), by inserting ‘‘in 

5 accordance with subsection (c)’’ after ‘‘be listed’’; 

6 and 

7 (2) in subsection (c)(1), by striking the first 

8 sentence and inserting ‘‘The Secretary of the Inte9 rior shall publish in the Federal Register a list of 

10 the 109 species determined under subsection (a)(4) 

11 to be in the greatest danger of extinction throughout 

12 all or a significant portion of their range.’’. 

13 SEC. 103. APPROVAL BY PANEL REQUIRED. 

14 Section 4(c)(1) of the Endangered Species Act of 

15 1973 (16 U.S.C. 1533(c)(1)) is further amended by in16 serting after the first sentence the following: ‘‘The Sec17 retary may not include a species in the list unless inclusion 

18 of the species is approved by the majority vote of a panel 

19 comprised of the Secretary of the Interior, the Secretary 

20 of Transportation, and the Secretary of Defense.’’. 

21 SEC. 104. LIMITATION ON PERIOD OF LISTING. 

22 Section 4(c)(1) of the Endangered Species Act of 

23 1973 (16 U.S.C. 1533(c)(1)) is further amended by add24 ing at the end the following: ‘‘No species may be included 

25 in the list for a period exceeding 5 years.’’. 
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1 SEC. 105. ELIMINATION OF RESTRICTION ON BASES FOR 

2 DETERMINATION OF ENDANGERED SPECIES 

3 AND THREATENED SPECIES. 

4 Section 4(b)(1)(A) of the Endangered Species Act of 

5 1973 (16 U.S.C. 1533(b)(1)(A)) is amended by striking 

6 ‘‘solely’’. 

7 SEC. 106. NOTIFICATION OF PRIVATE LANDOWNERS RE8 QUIRED. 

9 Section 4(c) of the Endangered Species Act of 1973 

10 (16 U.S.C. 1533(c)) is further amended by adding at the 

11 end the following: 

12 ‘‘(4) NOTIFICATION OF PRIVATE LAND OWN13 ERS.—If the Secretary determines that a species 

14 that is included or proposed to be included in the list 

15 under paragraph (1) occurs on privately owned land, 

16 the Secretary—

17 ‘‘(A) shall provide notice of that deter18 mination to the owner of the land; and 

19 ‘‘(B) in the case of a species proposed to 

20 be included in such list, may not add the spe21 cies to such list before the owner receives the 

22 notice under clause (i).’’. 

23 SEC. 107. LIMITING PROTECTIONS FOR LISTED SPECIES. 

24 Section 13 of the Endangered Species Act of 1973 

25 (consisting of amendments to other laws, which have exe26 cuted) is amended to read as follows: 
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1 ‘‘SEC. 13. LIMITATION ON PROTECTIONS FOR LISTED SPE2 CIES. 

3 ‘‘(a) LIMITATION ON PROHIBITIONS.—The prohibi4 tions under section 9 shall not apply with respect to any 

5 species other than a species in the list under section 4(c). 

6 ‘‘(b) REVIEW OF HABITAT CONSERVATION PLANS.—

7 The Secretary shall complete review of a habitat conserva8 tion plan submitted for a permit under section 

9 10(a)(1)(B) by not later than 180 days after the date the 

10 plan is submitted to the Secretary.’’. 

11 SEC. 108. EFFECTIVE DATE AND IMPLEMENTATION OF 

12 AMENDMENTS. 

13 (a) EFFECTIVE DATE OF AMENDMENTS.—Except as 

14 otherwise provided in this Act, the amendments made by 

15 this title shall take effect upon the expiration of the 2-

16 year period beginning on the date of the enactment of this 

17 Act. 

18 (b) IMPLEMENTATION OF AMENDMENTS.—The Sec19 retary (as that term is defined in section 3 of the Endan20 gered Species Act of 1973 (16 U.S.C. 1532)) shall—

21 (1) before the end of the 2-year period begin22 ning on the date of the enactment of this Act, deter23 mine pursuant to the amendment made by section 

24 102(a), from among the species that have been de25 termined to be endangered species under section 

26 4(a) of the Endangered Species Act of 1973 (16 
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1 U.S.C. 1533(a)) as of the date of the determination 

2 under this paragraph, the 109 species that are in 

3 the greatest danger of extinction throughout all or 

4 a significant portion of their range; and 

5 (2) upon the expiration of that period, publish 

6 a list of such species under section 4(c) (16 U.S.C. 

7 1533(c)) of such Act, as amended by this Act. 

8 TITLE II—SPECIES CONSERVA9 TION RESERVE PROGRAM 

10 SEC. 201. SPECIES CONSERVATION RESERVE PROGRAM. 

11 (a) IN GENERAL.—Through the 2026 calendar year, 

12 the Secretary of the Interior (in this title referred to as 

13 the ‘‘Secretary’’) shall formulate and carry out a species 

14 conservation reserve program under which land is enrolled 

15 through the use of contracts to assist owners and opera16 tors of land specified in subsection (b) to conserve endan17 gered species. 

18 (b) ELIGIBLE LAND.—The Secretary may include in 

19 the program established under this title agricultural land 

20 that is occupied by a species that is determined under sec21 tion 4 of the Endangered Species Act of 1973, by the Sec22 retary (as that term is used in that Act), to be an endan23 gered species. 
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1 (c) DURATION OF CONTRACT.—For the purpose of 

2 carrying out this title, the Secretary shall enter into con3 tracts of not more than 5 years. 

4 (d) ELIGIBILITY FOR CONSIDERATION.—On the expi5 ration of a contract entered into under this title, the land 

6 subject to the contract shall be eligible to be considered 

7 for reenrollment in the species conservation reserve. 

8 (e) BALANCE AMONG HABITATS.—In determining 

9 the acceptability of contract offers under this title, the 

10 Secretary shall ensure, to the maximum extent practicable, 

11 an adequate balance among wildlife habitats. 

12 SEC. 202. DUTIES OF OWNERS AND OPERATORS. 

13 (a) IN GENERAL.—Under the terms of a contract en14 tered into under this title, during the term of the contract, 

15 an owner or operator of land shall agree—

16 (1) to implement a plan to conserve endangered 

17 species; 

18 (2) on a violation of a term or condition of the 

19 contract at any time the owner or operator has con20 trol of the land—

21 (A) to forfeit all rights to receive rental 

22 payments and cost sharing payments under the 

23 contract and to refund to the Secretary any 

24 rental payments and cost sharing payments re25 ceived by the owner or operator under the con-
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1 tract, together with interest on the payments as 

2 determined by the Secretary, if the Secretary 

3 determines that the violation is of such nature 

4 as to warrant termination of the contract; or 

5 (B) to refund to the Secretary, or accept 

6 adjustments to, the rental payments and cost 

7 sharing payments provided to the owner or op8 erator, as the Secretary considers appropriate, 

9 if the Secretary determines that the violation 

10 does not warrant termination of the contract; 

11 and 

12 (3) on the transfer of the right and interest of 

13 the owner or operator in land subject to the con14 tract—

15 (A) to forfeit all rights to rental payments 

16 and cost sharing payments under the contract; 

17 and 

18 (B) to refund to the United States all rent19 al payments and cost sharing payments received 

20 by the owner or operator, or accept such pay21 ment adjustments or make such refunds as the 

22 Secretary considers appropriate and consistent 

23 with the objectives of this title; 

24 unless the transferee of the land agrees with the 

25 Secretary to assume all obligations of the contract, 
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1 except that no refund of rental payments and cost 

2 sharing payments shall be required if the land is 

3 purchased by or for the United States Fish and 

4 Wildlife Service, or the transferee and the Secretary 

5 agree to modifications to the contract, in a case in 

6 which the modifications are consistent with the ob7 jectives of the program, as determined by the Sec8 retary. 

9 (b) CONSERVATION PLANS.—The plan referred to in 

10 subsection (a)(1) shall set forth—

11 (1) the conservation measures and practices to 

12 be carried out by the owner or operator during the 

13 term of the contract; and 

14 (2) the commercial use, if any, to be permitted 

15 on the land during the term. 

16 (c) FORECLOSURE.—

17 (1) IN GENERAL.—Notwithstanding any other 

18 provision of law, an owner or operator who is a 

19 party to a contract entered into under this title may 

20 not be required to make repayments to the Secretary 

21 of amounts received under the contract if the land 

22 that is subject to the contract has been foreclosed on 

23 and the Secretary determines that forgiving the re24 payments is appropriate in order to provide fair and 

25 equitable treatment. 
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1 (2) RESUMPTION OF CONTROL.—

2 (A) IN GENERAL.—This subsection shall 

3 not void the responsibilities of an owner or op4 erator under the contract if the owner or oper5 ator resumes control over the land that is sub6 ject to the contract within the period specified 

7 in the contract. 

8 (B) CONTRACT.—On the resumption of the 

9 control over the land by the owner or operator, 

10 the provisions of the contract in effect on the 

11 date of the foreclosure shall apply. 

12 SEC. 203. DUTIES OF THE SECRETARY. 

13 In return for a contract entered into by an owner or 

14 operator under section 202, the Secretary shall—

15 (1) bear the cost of carrying out the conserva16 tion measures and practices set forth in the con17 tract; and 

18 (2) for a period of years not in excess of the 

19 term of the contract, pay an annual rental payment 

20 in an amount necessary to compensate for the loss 

21 in agricultural value of property that is subject to 

22 the contract, as determined by a person authorized 

23 by a State or local government the value of real 

24 property. 
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1 SEC. 204. PAYMENTS. 

2 (a) TIMING.—The Secretary shall provide payment 

3 for obligations incurred by the Secretary under a contract 

4 entered into under this title with respect to any annual 

5 rental payment obligation incurred by the Secretary—

6 (1) as soon as practicable after October 1 of 

7 each calendar year; or 

8 (2) at the option of the Secretary, at any time 

9 prior to such date during the year that the obliga10 tion is incurred. 

11 (b) ANNUAL RENTAL PAYMENTS.—

12 (1) IN GENERAL.—In determining the amount 

13 of annual rental payments to be paid to owners and 

14 operators for converting highly erodible cropland 

15 normally devoted to the production of an agricul16 tural commodity to less intensive use, the Secretary 

17 may consider, among other things, the amount nec18 essary to encourage owners or operators of highly 

19 erodible cropland to participate in the program es20 tablished by this title. 

21 (2) METHOD OF DETERMINATION.—The 

22 amounts payable to owners or operators in the form 

23 of rental payments under contracts entered into 

24 under this title may be determined through—
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1 (A) the submission of bids for such con2 tracts by owners and operators in such manner 

3 as the Secretary may prescribe; or 

4 (B) such other means as the Secretary de5 termines are appropriate. 

6 (c) CASH OR IN-KIND PAYMENTS.—

7 (1) IN GENERAL.—Except as otherwise pro8 vided in this section, payments under this title—

9 (A) shall be made in cash in such amount 

10 and on such time schedule as is agreed on and 

11 specified in the contract; and 

12 (B) may be made in advance of determina13 tion of performance. 

14 (2) CASH PAYMENTS.—Payments to an owner 

15 or operator under a special species conservation re16 serve enhancement program described in subsection 

17 (e)(4) shall be in the form of cash only. 

18 (d) PAYMENTS ON DEATH, DISABILITY, OR SUCCES19 SION.—If an owner or operator that is entitled to a pay20 ment under a contract entered into under this title dies, 

21 becomes incompetent, is otherwise unable to receive the 

22 payment, or is succeeded by another person that renders 

23 or completes the required performance, the Secretary shall 

24 make the payment, in accordance with regulations pre25 scribed by the Secretary and without regard to any other 
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1 provision of law, in such manner as the Secretary deter2 mines is fair and reasonable in light of all of the cir3 cumstances. 

4 (e) PAYMENT LIMITATION FOR RENTAL PAY5 MENTS.—

6 (1) IN GENERAL.—The total amount of rental 

7 payments made to a person under this title for any 

8 fiscal year may not exceed $50,000. 

9 (2) REGULATIONS.—

10 (A) IN GENERAL.—The Secretary shall 

11 promulgate regulations—

12 (i) defining the term ‘‘person’’ as used 

13 in this subsection; and 

14 (ii) providing such terms and condi15 tions as the Secretary determines nec16 essary to ensure a fair and reasonable ap17 plication of the limitation established by 

18 this subsection. 

19 (B) CORPORATIONS AND STOCK20 HOLDERS.—The regulations promulgated by the 

21 Secretary on December 18, 1970, under section 

22 101 of the Agricultural Act of 1970 (7 U.S.C. 

23 1307), shall be used to determine whether cor24 porations and their stockholders may be consid25 ered as separate persons under this subsection. 
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1 (3) OTHER PAYMENTS.—Rental payments re2 ceived by an owner or operator shall be in addition 

3 to, and not affect, the total amount of payments 

4 that the owner or operator is otherwise eligible to re5 ceive under the Farm Security and Rural Invest6 ment Act of 2002. 

7 (4) SPECIAL SPECIES CONSERVATION RESERVE

8 ENHANCEMENT PROGRAM.—

9 (A) IN GENERAL.—The provisions of this 

10 subsection that limit payments to any person, 

11 and section 1305(d) of the Agricultural Rec12 onciliation Act of 1987 (7 U.S.C. 1308 note; 

13 Public Law 100–203), shall not be applicable to 

14 payments received by a State, political subdivi15 sion, or agency thereof in connection with 

16 agreements entered into under a special species 

17 conservation reserve enhancement program car18 ried out by that entity that has been approved 

19 by the Secretary. 

20 (B) AGREEMENTS.—The Secretary may 

21 enter into such agreements for payments to 

22 States (including political subdivisions and 

23 agencies of States) that the Secretary deter24 mines will advance the purposes of this title. 
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1 (f) OTHER STATE OR LOCAL ASSISTANCE.—In addi2 tion to any payment under this title, an owner or operator 

3 may receive cost share assistance, rental payments, or tax 

4 benefits from a State or subdivision thereof for enrolling 

5 land in the species conservation reserve program. 

6 SEC. 205. CONTRACTS. 

7 (a) OWNERSHIP OR OPERATION REQUIREMENTS.—

8 (1) IN GENERAL.—Except as provided in para9 graph (2), no contract shall be entered into under 

10 this title concerning land with respect to which the 

11 ownership has changed in the 1-year period pre12 ceding the first year of the contract period unless—

13 (A) the new ownership was acquired by 

14 will or succession as a result of the death of the 

15 previous owner; 

16 (B) the Secretary determines that the land 

17 was acquired under circumstances that give 

18 adequate assurance that the land was not ac19 quired for the purpose of placing the land in 

20 the program established by this title; or 

21 (C) the ownership change occurred due to 

22 foreclosure on the land and the owner of the 

23 land immediately before the foreclosure exer24 cises a right of redemption from the mortgage 

25 holder in accordance with State law. 
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1 (2) EXCEPTIONS.—Paragraph (1) shall not—

2 (A) prohibit the continuation of an agree3 ment by a new owner after an agreement has 

4 been entered into under this title; or 

5 (B) require a person to own the land as a 

6 condition of eligibility for entering into the con7 tract if the person—

8 (i) has operated the land to be covered 

9 by a contract under this section for at 

10 least 1 year preceding the date of the con11 tract; and 

12 (ii) controls the land for the contract 

13 period. 

14 (b) SALES OR TRANSFERS.—If, during the term of 

15 a contract entered into under this title, an owner or oper16 ator of land subject to the contract sells or otherwise 

17 transfers the ownership or right of occupancy of the land, 

18 the new owner or operator of the land may—

19 (1) continue the contract under the same terms 

20 or conditions; or 

21 (2) enter into a new contract in accordance 

22 with this title. 

23 (c) MODIFICATIONS.—The Secretary may modify a 

24 contract entered into with an owner or operator under this 

25 title if—
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1 (1) the owner or operator agrees to the modi2 fication; and 

3 (2) the Secretary determines that the modifica4 tion is desirable—

5 (A) to carry out this title; 

6 (B) to facilitate the practical administra7 tion of this title; or 

8 (C) to achieve such other goals as the Sec9 retary determines are appropriate, consistent 

10 with this title. 

11 (d) TERMINATION.—

12 (1) IN GENERAL.—The Secretary may termi13 nate a contract entered into with an owner or oper14 ator under this title if—

15 (A) the owner or operator agrees to the 

16 termination; and 

17 (B) the Secretary determines that the ter18 mination would be in the public interest. 

19 (2) NOTICE TO CONGRESSIONAL COMMIT20 TEES.—At least 90 days before taking any action to 

21 terminate under paragraph (1) all species conserva22 tion reserve contracts entered into under this title, 

23 the Secretary shall provide to the Congress written 

24 notice of the action. 
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1 (e) EARLY TERMINATION BY OWNER OR OPER2 ATOR.—

3 (1) RENEWED ENROLLMENT.—The termination 

4 of a contract entered into under this title shall not 

5 affect the ability of the owner or operator that re6 quested the termination to submit a subsequent bid 

7 to enroll the land that was subject to the contract 

8 into the species conservation reserve. 

9 (2) CONSERVATION REQUIREMENTS.—If land 

10 that was subject to a contract is returned to produc11 tion of an agricultural commodity, the conservation 

12 requirements under subtitles B and C of title XII of 

13 the Food Security Act of 1985 shall apply to the use 

14 of the land to the extent that the requirements are 

15 similar to those requirements imposed on other simi16 lar land in the area, except that the requirements 

17 may not be more onerous than the requirements im18 posed on other land.

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