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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2043 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 2043

      To reauthorize and amend the Endangered Species Act of 1973.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 6, 1993

   Mr. Studds (for himself, Mr. Dingell, Mr. Saxton, Mr. Bonior, Mr. 
 Miller of California, Mr. Ford of Michigan, Mr. Dellums, Mr. Conyers, 
 Mr. Hughes, Mr. Manton, Mr. Pallone, Mr. Andrews of Maine, Ms. Furse, 
 Ms. Eshoo, Mr. Ravenel, Mr. Beilenson, Mrs. Schroeder, Mr. Vento, Mr. 
  Frank of Massachusetts, Mr. Peterson of Minnesota, Mr. Stokes, Mr. 
  Towns, Mr. Markey, Mr. Jefferson, Mr. Abercrombie, Miss Collins of 
 Michigan, Mr. Evans, Mr. McDermott, Mr. Levin, Mr. Shays, Mr. Berman, 
   Mrs. Morella, Mr. Walsh, Mrs. Mink, Mr. Coleman, Mr. Meehan, Mrs. 
Maloney, Mr. Torres, Mr. Moran, Mr. Olver, Mr. Nadler, Ms. Pelosi, Mr. 
     Gilman, Mr. Porter, Ms. Woolsey, Mr. Payne of New Jersey, Mr. 
    Blackwell, Mr. Sanders, Mr. Cardin, Mr. Sabo, Ms. Shepherd, Ms. 
  Slaughter, Mr. Johnston of Florida, and Mr. Hinchey) introduced the 
following bill; which was referred to the Committee on Merchant Marine 
                             and Fisheries

                           September 13, 1993

Additional sponsors: Mr. Clay, Mr. Jacobs, Mr. Engel, Mr. Ackerman, Mr. 
Borski, Mr. Becerra, Mr. Fish, Mr. Waxman, Mr. Lipinski, Mr. Gilchrest, 
 Mr. Weldon, Mr. Reed, Mr. Mazzoli, Mr. Owens, Mr. Coyne, Ms. Kaptur, 
  Mr. Reynolds, Mr. Washington, Mr. Swett, Mr. Stark, Mr. Flake, Ms. 
 Roybal-Allard, Mr. Neal of Massachusetts, Ms. Norton, Ms. Schenk, Mr. 
Yates, Mr. Hastings, Mr. Gutierrez, Mr. Lantos, Mr. Hamburg, Mr. Wynn, 
  Mr. Dixon, Mr. Andrews of New Jersey, Mr. Machtley, Ms. Byrne, Mr. 
  Foglietta, Mr. Richardson, Mr. Brown of California, Mr. Edwards of 
               California, Mr. Torricelli, and Mr. Kildee

                           September 12, 1994

 Additional sponsors: Mr. Mineta, Mr. Serrano, Mr. Skaggs, Mr. Rangel, 
  Mr. Neal of North Carolina, Mr. Lewis of Georgia, Mr. Gingrich, Mr. 
Barrett of Wisconsin, Mr. Farr of California, Ms. Margolies-Mezvinsky, 
   Mr. Kennedy, Mr. Zimmer, Ms. Velazquez, Mr. Gonzalez, Mr. Carr of 
    Michigan, Mr. Gejdenson, Mr. Ford of Tennessee, and Mr. Martinez

_______________________________________________________________________

                                 A BILL

 
      To reauthorize and amend the Endangered Species Act of 1973.

    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 ``Endangered Species Act Amendments of 
1993''.

SEC. 2. AMENDMENT OF ENDANGERED SPECIES ACT OF 1973.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Endangered Species Act 
of 1973 (16 U.S.C. 1531 et seq.).

SEC. 3. LISTING AND DELISTING IMPROVEMENTS.

    (a) Delisting.--Section 4(a) (16 U.S.C. 1533(a)) is amended by 
adding at the end the following new paragraph:
    ``(4) The Secretary shall by regulation promulgated in accordance 
with subsection (b) determine whether any species is no longer an 
endangered species or a threatened species because of a change in the 
factors identified under paragraph (1).''.
    (b) State Participation.--Section 4(b)(1)(A) (16 U.S.C. 
1533(b)(1)(A)) is amended by inserting ``soliciting and fully 
considering scientific and commercial data about the status of the 
species from the State agency in each appropriate State, if any, and'' 
after ``and after''.
    (c) Listing Priorities.--Section 4(b)(1)(B) (16 U.S.C. 
1533(b)(1)(B)) is amended to read as follows:
    ``(B) In carrying out this section, the Secretary shall give 
consideration to species the conservation of which is most likely to 
reduce the need to list other species dependent upon the same 
ecosystem. In addition, the Secretary shall give consideration to 
species which have been--
            ``(i) designated as requiring protection from unrestricted 
        commerce by any foreign nation or pursuant to an international 
        agreement; or
            ``(ii) identified as in danger of extinction, or likely to 
        become so within the foreseeable future, by any State agency or 
        by any agency of a foreign nation that is responsible for the 
        conservation of fish or wildlife or plants.''.
    (d) Scientific Peer Review.--Section 4(b)(5) (16 U.S.C. 1533(b)(5)) 
is amended--
            (1) by redesignating subparagraphs (D) and (E) as 
        subparagraphs (E) and (F), respectively, and
            (2) by inserting after subparagraph (C) the following:
            ``(D) in the case of a regulation to implement a 
        determination, request views on the proposed regulation from at 
        least 3 independent referees who, through publication of peer-
        reviewed scientific literature, have demonstrated relevant 
        scientific expertise, if any person files within 30 days after 
        the date of publication of general notice a written request 
        that details a substantial scientific basis for questioning the 
        sufficiency or accuracy of the available data relevant to the 
        determination;''.
    (e) Coordination of Critical Habitat Designations and Recovery 
Plans.--Section 4(b)(6) (16 U.S.C. 1533(b)(6)) is amended by adding at 
the end the following:
    ``(D) If the Secretary, under subparagraph (C), extends the one-
year period, any final regulation designating critical habitat shall 
incorporate relevant information gathered during the development of the 
appropriate recovery plan under section 5.''.
    (f) Identification of Data Needs.--Section 4(b) (16 U.S.C. 1533(b)) 
is amended by adding at the end the following:
    ``(9) The Secretary shall identify and publish in the Federal 
Register with a proposed rule under paragraph (1) of subsection (a) a 
description of any additional scientific and commercial data that would 
assist in the preparation of a recovery plan under section 5 for the 
species to which the proposed rule relates.''.
    (g) Takings Assessments.--Section 4(a) (16 U.S.C. 1533(a)) is 
amended by adding after paragraph (4) (as added by subsection (a) of 
this section) the following:
            ``(5) The Secretary shall, concurrently with making a 
        determination under paragraph (1) that a species is an 
        endangered species or a threatened species, establish and 
        notify the public of a procedure whereby a person can receive 
        an assessment from the Secretary with respect to whether a 
        particular activity would constitute a taking prohibited under 
        section 9(a) (1) or (2).''.

SEC. 4. RECOVERY PLANNING IMPROVEMENTS.

    (a) Development and Implementation of Recovery Plans.--Section 5 
(16 U.S.C. 1534) is amended--
            (1) by redesignating subsections (a) and (b) in order as 
        subsections (c) and (d); and
            (2) by striking ``land acquisition'' and all that follows 
        through ``Sec. 5.'' and inserting the following:

        ``recovery of endangered species and threatened species

    ``Sec. 5. (a) Recovery Plans.--
            ``(1) In general.--
                    ``(A) The Secretary shall, in cooperation with the 
                State agency in each appropriate State, and on the 
                basis of the best scientific and commercial data 
                available, develop and implement plans (hereinafter in 
                this subsection referred to as `recovery plans') for 
                the timely conservation of endangered species and 
                threatened species listed pursuant to section 4 
                (hereinafter in this section referred to as `covered 
                species') and the habitats on which such species 
                depend, unless the Secretary finds that such a plan 
                will not promote the conservation of a species.
                    ``(B) The Secretary shall, consistent with 
                subparagraph (A), seek to minimize adverse social and 
                economic consequences that may result from 
                implementation of recovery plans.
                    ``(C) The Secretary shall develop and implement a 
                recovery plan for a species--
                            ``(i) by not later than December 31, 1996, 
                        in the case of a species included in the list 
                        published under section 4(c) before January 1, 
                        1996, and for which no recovery plan was 
                        developed before that date; and
                            ``(ii) by not later than 18 months after 
                        the date on which the species is first included 
                        in a list published under section 4(c), in the 
                        case of any species that is first included in 
                        such a list on or after January 1, 1996.
            ``(2) Priorities for developing and implementing recovery 
        plans.--The Secretary shall to the maximum extent practicable 
        give priority to--
                    ``(A) the development and implementation of 
                integrated, multispecies recovery plans for the 
                conservation of threatened species, endangered species, 
                or species which the Secretary has identified as 
                candidates for listing under section 4 that are 
                dependent upon a common ecosystem; and
                    ``(B) those endangered species or threatened 
                species, without regard to taxonomic classification, 
                that are most likely to benefit from recovery plans, 
                particularly those species the conservation of which 
                is, or may be, in conflict with construction or other 
                development projects or other forms of economic 
                activity.
            ``(3) Contents.--The Secretary shall to the maximum extent 
        practicable incorporate in each recovery plan the following:
                    ``(A) A description of such site-specific 
                management actions as may be necessary to achieve the 
                goal of the recovery plan for the conservation of 
                covered species, including actions to maintain or 
                restore ecosystems upon which the species addressed by 
                the plan are dependent.
                    ``(B) Objective, measurable criteria which, when 
                met, would result in a determination, in accordance 
                with the provisions of section 4, that the covered 
                species be removed from the list.
                    ``(C) Estimates of the time required and the cost--
                            ``(i) to carry out those measures needed to 
                        achieve the goal of the plan; and
                            ``(ii) to achieve intermediate steps toward 
                        that goal.
                    ``(D) A description of actions that will be taken 
                to minimize adverse social or economic impacts that may 
                result from implementation of the recovery plan.
                    ``(E) Strategies that utilize existing Federal 
                lands, to the extent such lands are available, to 
                promote the conservation of the covered species.
                    ``(F) An identification of recovery measures which, 
                if taken by Federal agencies, would contribute to the 
                conservation of the covered species.
                    ``(G) An identification of the specific areas or 
                circumstances, if any, in which the development and 
                implementation of conservation plans under section 
                10(a)(2) would contribute to the conservation of the 
                covered species and help reduce conflicts between 
                species conservation and economic activity.
                    ``(H) An identification of the specific areas or 
                circumstances, if any, in which entering into 
                agreements with private landowners under section 14 
                would promote the conservation of the covered species.
                    ``(I) An identification of the opportunities to 
                cooperate with municipalities, political subdivisions 
                of States, and other persons, in actions which would 
                contribute to the conservation of the covered species.
            ``(4) Public review and comment.--
                    ``(A) The Secretary shall, before giving final 
                approval of a new or revised recovery plan--
                            ``(i) provide public notice and an 
                        opportunity for public review and comment on 
                        the plan; and
                            ``(ii) consider all information presented 
                        during the public comment period.
                    ``(B) Each Federal agency shall, before 
                implementing a new or revised recovery plan, consider 
                all information presented during the public comment 
                period under subparagraph (A).
            ``(5) Public outreach.--
                    ``(A) The Secretary, in developing and implementing 
                recovery plans--
                            ``(i) may procure the services of 
                        appropriate public and private agencies and 
                        institutions and other qualified persons; and
                            ``(ii) shall, in cooperation with the 
                        appropriate State agency, solicit the 
                        participation of relevant Federal agencies and 
                        appropriate persons to identify matters under 
                        paragraph (3)(E), (F), (G), (H), and (I).
                    ``(B) Recovery teams appointed pursuant to this 
                subsection shall not be subject to the Federal Advisory 
                Committee Act.
            ``(6) Reports.--The Secretary shall report every 2 years to 
        the Committee on Environment and Public Works of the Senate and 
        the Committee on Merchant Marine and Fisheries of the House of 
        Representatives on the status of efforts to develop and 
        implement recovery plans for all species listed pursuant to 
        section 4 and on the status of all species for which such plans 
        have been developed.
    ``(b) Monitoring.--
            ``(1) In general.--The Secretary shall implement a system 
        in cooperation with the States to monitor effectively for not 
        less than 5 years the status of all species which have 
        recovered to the point at which the measures provided pursuant 
        to this Act are no longer necessary and which, in accordance 
        with the provisions of section 4, have been removed from either 
        of the lists published under section 4(c).
            ``(2) Preventing risks to recovered species.--The Secretary 
        shall make prompt use of the authority under section 4(b)(7) to 
        prevent a significant risk to the well-being of any recovered 
        species referred to in paragraph (1).''
    (b) Existing Recovery Plans.--
            (1) Continuing effect of existing plans.--Each recovery 
        plan developed under the Endangered Species Act of 1973 before 
        the date of the enactment of this Act shall continue in effect 
        until revised by the Secretary (as that term is defined in 
        section 3 of the Act) in accordance with that Act as amended by 
        this Act.
            (2) Revision.--The Secretary (as that term is defined in 
        section 3 of the Endangered Species Act of 1973) may revise 
        each recovery plan developed under the Endangered Species Act 
        of 1973 before the date of the enactment of this Act so as to 
        conform the recovery plan to section 5 of that Act, as amended 
        by this Act, giving priority to recovery plans whose revision 
        would provide the greatest benefit to species listed under 
        section 4 of that Act and species which the Secretary has 
        identified as candidates for listing under section 4 of that 
        Act.
    (c) Conforming Amendments.--
            (1) The table of contents in the first section is amended 
        by striking the item relating to section 5 and inserting the 
        following:

        ``Sec. 5. Recovery of endangered species and threatened 
                            species.''.
            (2) Section 4 (16 U.S.C. 1533) is amended--
                    (A) by striking subsections (f) and (g);
                    (B) in subsection (h)(4) by striking ``subsection 
                (f) of this section'' and inserting ``section 5'';
                    (C) by redesignating subsection (h) as subsection 
                (f); and
                    (D) by redesignating subsection (i) by striking 
                ``(i)'' and inserting the following: ``(g) Response to 
                State Comments.--''.
            (3) Section 6(d) (16 U.S.C. 1535(d)) is amended by striking 
        ``Section 4(g)'' and inserting ``Section 5(b)''.
            (4) Section 7(a)(1) of the Land and Water Construction Fund 
        Act of 1965 (16 U.S.C. 460l-9(a)(1)) is amended in the third 
        undesignated subparagraph by striking ``Section 5(a)'' and 
        inserting ``Section 5(c)''.

SEC. 5. IMPROVED COOPERATION WITH THE STATES.

    Section 6(a) (16 U.S.C. 1535(a)) is amended by adding at the end 
thereof the following new sentence: ``In cooperating with State 
agencies in carrying out this Act, the Secretary shall not be subject 
to the Federal Advisory Committee Act.''.

SEC. 6. FEDERAL CONSERVATION OF SPECIES.

    (a) Policy of Congress.--Section 2(c)(1) (16 U.S.C. 1531(c)(1)) is 
amended to read as follows:
            ``(1) It is further declared to be the policy of the 
        Congress that all Federal departments and agencies shall--
                    ``(A) conserve endangered species, threatened 
                species, species which have been proposed for listing 
                under section 4, and species which the Secretary has 
                identified as candidates for listing under section 4; 
                and
                    ``(B) utilize their authorities in furtherance of 
                this policy and the purposes of this Act.''.
    (b) Federal Agency Agreements for the Conservation of Candidate 
Species.--Section 7(a)(1) (16 U.S.C. 1536(a)(1)) is amended--
            (1) by inserting before the period at the end the 
        following: ``and species identified as candidates for listing, 
        including the implementation of recovery plans for listed 
        species.'';
            (2) by inserting ``(A)'' after ``(1)''; and
            (3) by adding the following:
    ``(B) The head of each Federal agency responsible for the 
management of lands and waters--
            ``(i) shall, by not later than December 31, 1994, prepare 
        and provide to the Secretary an inventory of all endangered 
        species, threatened species, species which have been proposed 
        for listing under section 4, and species which the Secretary 
        has identified as candidates for listing under section 4, which 
        are located on lands and waters within the jurisdiction of the 
        agency;
            ``(ii) shall by not later than December 31, 1995, identify 
        measures to be taken on lands and waters under the jurisdiction 
        of the agency to conserve species which the Secretary has 
        identified as candidates for listing under section 4; and
            ``(iii) may enter into agreements with the Secretary to 
        further the conservation of species which the Secretary has 
        identified as candidates for listing under section 4.''.

SEC. 7. IMPROVED FEDERAL AGENCY COORDINATION.

    Section 7(a) (16 U.S.C. 1536(a)) is amended by adding at the end 
thereof the following:
    ``(5) Consolidation of Consultations and Conferences.--
            ``(A) Consultations and conferences under this section 
        between the Secretary and a Federal agency may, if approved by 
        the Secretary, encompass a number of similar or related agency 
        actions to be undertaken within a particular geographical area 
        or ecosystem.
            ``(B) The Secretary may consolidate requests for 
        consultations or conferences from various Federal agencies 
        whose proposed actions may affect endangered species, 
        threatened species, or species which have been proposed for 
        listing under section 4, that are dependent on the same 
        ecosystem.''.

SEC. 8. INCENTIVES FOR CONSERVATION OF CANDIDATE AND OTHER SPECIES ON 
              STATE AND PRIVATE LANDS.

    (a) Conservation Planning.--Section 13 (87 Stat. 901; relating to 
conforming amendments) is amended to read as follows:

                        ``conservation planning

    ``Sec. 13. (a) Conservation Planning for Candidate Species.--
            ``(1) Development of plans.--
                    ``(A) Any State, county, municipality, political 
                subdivision of a State, or other person may develop a 
                plan for the conservation of any species which has been 
                proposed for listing or identified by the Secretary as 
                a candidate for listing under section 4.
                    ``(B) A plan developed under this paragraph shall 
                cover an area that, alone or when considered in 
                association with nearby lands dedicated to 
                conservation, is sufficiently large in size to 
                encompass adequate suitable habitat within which the 
                covered species can be maintained over the long-term.
            ``(2) Permit issuance.--If a plan developed pursuant to 
        paragraph (1) specifies the information required under section 
        10(a)(2)(A), and if after opportunity for public comment on the 
        plan the Secretary makes the findings required under section 
        10(a)(2)(B), the Secretary shall, upon receipt of such 
        assurances as the Secretary may require that the plan will be 
        implemented, issue a permit under this paragraph. Such a permit 
        shall be treated, upon the listing under section 4 of any 
        species for which the plan was developed, as a permit issued 
        for that species under section 10(a)(1)(B).
            ``(3) Review upon listing.--Upon the listing under section 
        4 of a species for which a permit is issued under paragraph 
        (2), the Secretary shall--
                    ``(A) review the terms and implementation of each 
                permit issued under paragraph (2) for that species;
                    ``(B) determine whether each of those permittees 
                has complied with the terms of their permit; and
                    ``(C) suspend the permit of any of those permittees 
                that is determined under subparagraph (B) to have not 
                complied with their permit.
    ``(b) Federal Assistance to State and Local Governments for 
Development of Plans.--
            ``(1) Establishment of habitat conservation planning 
        fund.--The Secretary shall establish a Habitat Conservation 
        Planning Fund (hereafter referred to in this subsection as the 
        `Fund'), which shall--
                    ``(A) consist of all sums appropriated pursuant to 
                section 15(d), and
                    ``(B) be administered by the Secretary as a 
                revolving fund.
            ``(2) Authority to make grants or advances from fund.--The 
        Secretary may make a grant or interest-free advance from the 
        Fund to any State, county, municipality, or political 
        subdivision of any State to assist in the development of a plan 
        under this section or section 10(a)(2). A grant or advance 
        under this paragraph for development of a plan may not exceed 
        the total financial contribution of the other parties 
        participating in development of the plan.
            ``(3) Criteria for grants and advances from the fund.--In 
        making grants and advances under paragraph (1) for a plan, the 
        Secretary shall consider--
                    ``(A) the number of species for which the plan is 
                to be developed;
                    ``(B) the commitment to participate in the planning 
                process from a diversity of interests (including local 
                governmental, business, environmental, and landowner 
                interests);
                    ``(C) the likelihood of success of the planning 
                effort; and
                    ``(D) other factors the Secretary considers 
                appropriate.
            ``(4) Repayment of advances from the fund.--
                    ``(A) Except as provided in subparagraph (B), sums 
                advanced from the Fund shall be repaid within 10 years 
                after the date of the advance.
                    ``(B) Sums advanced under this subsection for 
                development of a plan shall be repaid within 4 years 
                after the date of the advance if--
                            ``(i) no plan is developed within 3 years 
                        after the date of the advance; or
                            ``(ii) in the case of an advance for the 
                        development of a plan under section 10(a)(2), 
                        no permit is issued under section 10(a)(1)(B) 
                        based on the plan within 3 years after the date 
                        of the advance.
                    ``(C) Sums received by the United States as 
                repayment of advances from the Fund shall be credited 
                to the Fund and available for further advances in 
                accordance with this subsection without further 
                appropriation.''.
    (b) Conforming Amendment.--The table of contents in the first 
section is amended by striking the item relating to section 13 and 
inserting the following:

        ``Sec. 13. Conservation planning.''.
    (c) Mitigation.--Section 10(a)(2)(A)(ii) (16 U.S.C. 
1539(a)(2)(A)(ii)), is amended to read as follows:
                    ``(ii) what measures, such as conservation 
                easements, land acquisition, regulatory controls, 
                exotic species controls, and active habitat management, 
                the applicant will take to minimize and mitigate those 
                impacts and the funding that will be available to 
                implement those measures;''.
    (d) Habitat Conservation Planning Pilot Project.--The Secretary 
shall--
            (1) solicit and review an application for a permit under 
        section 13(a)(2) of the Endangered Species Act of 1973, as 
        amended by this Act, in which the use of market incentives are 
        used as a strategy to implement a plan under section 13(a) of 
        that Act; and
            (2) report to the Committee on Merchant Marine and 
        Fisheries of the House of Representatives and the Committee on 
        Environment and Public Works of the Senate, by not later than 
        December 31, 1995, on the extent to which that strategy 
        provides for the conservation of species for which the permit 
        is issued.

SEC. 9. FEDERAL ASSISTANCE TO HELP PRIVATE LANDOWNERS TO CONSERVE 
              SPECIES.

    (a) Incentives for Private Landowners.--Section 14 (87 Stat. 903; 
relating to a repeal) is amended to read as follows:

 ``incentives for private landowners to assist recovery of endangered 
           species, threatened species, and candidate species

    ``Sec. 14. (a) Assistance Agreements.--The Secretary, in 
cooperation with the relevant State agency in each appropriate State 
and subject to the availability of appropriations, may enter into an 
agreement with any person who is a private landowner, under which--
            ``(1) the person agrees to carry out on land they own 
        activities that the Secretary determines will promote--
                    ``(A) the conservation of an endangered species or 
                threatened species pursuant to a recovery plan; or
                    ``(B) the conservation of a species the Secretary 
                has identified to be a candidate for listing under 
                section 4; and
            ``(2) the Secretary agrees to pay to the person such amount 
        as may be agreed by the person and the Secretary.
    ``(b) Prohibition on Assistance for Certain Required Activities.--
The Secretary may not pay any amount as assistance under this section 
for any action that is--
            ``(1) required under a permit issued pursuant to section 
        10(a)(2)(B);
            ``(2) a condition of any other permit under this Act; or
            ``(3) otherwise required under this Act or any other 
        Federal law.
    ``(c) Ensuring Implementation of Agreements.--The Secretary shall 
be responsible for ensuring that the terms of agreements under this 
section are carried out.
    ``(d) Technical Assistance.--The Secretary may provide, to a person 
that enters into an agreement under this section, technical assistance 
in the implementation of activities required under the agreement under 
subsection (a)(1).''.
    (b) Conforming Amendment.--The table of contents in the first 
section is amended by striking the item relating to section 14 and 
inserting the following:

        ``Sec. 14. Incentives for private landowners to assist recovery 
                            of endangered species, threatened species, 
                            and candidate species.''.
    (c) Report on Incentives for Conservation of Species.--Within 12 
months after the date of enactment of this Act, the Secretary, in 
consultation with the Secretary of the Treasury, shall submit to the 
Senate Committee on Environment and Public Works and the House 
Committee on Merchant Marine and Fisheries a report containing--
            (1) a compilation and analysis of existing and potential 
        Federal expenditures, financial assistance, and tax provisions 
        which have the effect of encouraging private landowner 
        conservation of the habitat of endangered species, threatened 
        species, or species which the Secretary has identified to be a 
        candidate for listing under section 4 of the Endangered Species 
        Act of 1973;
            (2) a compilation and analysis of existing and potential 
        Federal expenditures, financial assistance, and tax provisions 
        which have the effect of discouraging private landowner 
        conservation of the habitat of endangered species, threatened 
        species, or species which the Secretary has identified to be a 
        candidate for listing under section 4 of the Endangered Species 
        Act of 1973;
            (3) a compilation and analysis of Federal statutory and 
        regulatory mechanisms, including expenditures and financial 
        assistance, which have the effect of discouraging the 
        conservation of endangered species, threatened species, or 
        species which the Secretary has identified as candidates for 
        listing under section 4 of the Endangered Species Act of 1973; 
        and
            (4) recommendations based on the compilations and analyses 
        under paragraphs (1), (2), and (3) which would promote 
        conservation of the habitat of endangered species, threatened 
        species, or species which the Secretary has identified to be a 
        candidate for listing under section 4 of the Endangered Species 
        Act of 1973.

SEC. 10. IMPROVING INTERNATIONAL CONSERVATION OF SPECIES.

    (a) Western Hemisphere Convention.--Section 8A(e) (16 U.S.C. 
1537a(e)) is amended--
            (1) in paragraph (2) by redesignating subparagraphs (A), 
        (B), and (C) in order as subparagraphs (C), (D), and (E); and
            (2) by inserting before paragraph (2)(C), as so 
        redesignated, the following:
            ``(A) placement of permanent United States liaisons in 
        contracting party nations or in regions representing several 
        contracting party nations, including Mexico, Central America, 
        northern South America, Brazil, southern South America, and the 
        Caribbean;
            ``(B) cooperation with contracting parties and appropriate 
        international organizations for the purposes of--
                    ``(i) convening a conference of the parties and 
                appropriate technical meetings on cooperative bilateral 
                and multilateral actions to implement the Western 
                Convention, and
                    ``(ii) establishing and supporting a Permanent 
                Office of the Western Convention;'';
            (3) in paragraph (2)(D), as so redesignated, by striking 
        ``and'' after the semicolon;
            (4) in paragraph (2)(E), as so redesignated, by striking 
        the period and inserting ``; and'';
            (5) by adding at the end of paragraph (2) the following:
            ``(F) implementation of cooperative measures to conserve 
        sensitive and threatened habitats and ecosystems.''; and
            (6) in paragraph (3) by striking ``1985,'' and inserting 
        ``1995, and every 3 years thereafter,''.
    (b) Regulations To Implement Convention on International Trade in 
Endangered Species of Wild Fauna and Flora.--Section 11(f) (16 U.S.C. 
1540(f)) is amended in the first sentence by striking ``enforce this 
Act,'' and inserting ``enforce this Act and to carry out the Convention 
and resolutions adopted under the Convention by the parties to the 
Convention,''.

SEC. 11. CITIZEN SUITS.

    Section 11(g)(2)(A)(i) (16 U.S.C. 1540(g)(2)(A)(i)) is amended by 
inserting before the semicolon the following: ``, except that such 
action may be brought immediately after such notification in the case 
of an action against any person respecting an emergency posing an 
immediate and significant risk to the continued existence of any 
species of fish or wildlife or plants included in the list published 
under section 4(c);''.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    Section 15 (16 U.S.C. 1542) is amended to read as follows:

                   ``authorization of appropriations

    ``Sec. 15. (a) In General.--In addition to amounts authorized under 
section 6(i) and subsections (b), (c), (d), and (e) of this section, 
there are authorized to be appropriated--
            ``(1) to the Secretary of the Interior for carrying out 
        functions of the Secretary of the Interior under this Act 
        $110,000,000 for fiscal year 1994, $120,000,000 for fiscal year 
        1995, $130,000,000 for fiscal year 1996, $140,000,000 for 
        fiscal year 1997, $150,000,000 for fiscal year 1998, and 
        $160,000,000 for fiscal year 1999;
            ``(2) to the Secretary of Commerce for carrying out 
        functions of the Secretary of Commerce under this Act 
        $15,000,000 for fiscal year 1994, $20,000,000 for fiscal year 
        1995, $25,000,000 for fiscal year 1996, $30,000,000 for fiscal 
        year 1997, $35,000,000 for fiscal year 1998, and $40,000,000 
        for fiscal year 1999; and
            ``(3) to the Secretary of Agriculture for carrying out 
        functions of the Secretary of Agriculture with respect to 
        enforcement of this Act and the Convention which pertain to the 
        importation or exportation of plants $4,000,000 for each of 
        fiscal years 1994 through 1999.
    ``(b) Exemptions From Act.--There are authorized to be appropriated 
to the Secretary to assist the Secretary and the Endangered Species 
Committee in carrying out their functions under section 7 (e), (g), and 
(h) $625,000 for each of fiscal years 1994 through 1999.
    ``(c) Convention Implementation.--There are authorized to be 
appropriated to the Department of the Interior for carrying out section 
8A(e) $1,000,000 for each of fiscal years 1994 through 1999.
    ``(d) Habitat Conservation Planning Fund.--To assist in the 
development of plans under sections 10(a)(2) and 13, there are 
authorized to be appropriated to the Secretary $20,000,000, which shall 
be deposited into the Habitat Conservation Planning Fund established 
under section 13(b).
    ``(e) Private Assistance.--There are authorized to be appropriated 
to the Secretary $25,000,000 for each of fiscal years 1994 through 1999 
for implementing section 14.
    ``(f) Availability.--Amounts appropriated under the authority of 
this section shall remain available until expended.''.

SEC. 13. REPORT ON CONSERVATION OF PLANTS.

    Not later than 1 year after the date of the enactment of this Act, 
the Secretary of the Interior shall submit to the Committee on Merchant 
Marine and Fisheries of the House of Representatives and the Committee 
on Environment and Public Works of the Senate a report on the extent to 
which provisions of the Endangered Species Act of 1973 relating to 
species of plants that are listed under section 4 of that Act are 
sufficient to provide for the conservation and survival of those 
plants. The report shall include recommendations on any additional 
measures that should be taken to ensure the conservation and survival 
of those plants.
                                 <all>
HR 2043 SC----2
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