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. MARGOLIESMEZVINSKY, Mr. KENNEDY, Mr. ZIMMER, Ms. VELA ́ZQUEZ, Mr. GON-
2

•HR 2043 SC

ZALEZ, 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.

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 Act Amendments of 1993’’.

6 SEC. 2. AMENDMENT OF ENDANGERED SPECIES ACT OF

7 1973.

8 Except as otherwise expressly provided, whenever in

9 this Act an amendment or repeal is expressed in terms

10 of an amendment to, or repeal of, a section or other provi11 sion, the reference shall be considered to be made to a

12 section or other provision of the Endangered Species Act

13 of 1973 (16 U.S.C. 1531 et seq.).

14 SEC. 3. LISTING AND DELISTING IMPROVEMENTS.

15 (a) DELISTING.—Section 4(a) (16 U.S.C. 1533(a))

16 is amended by adding at the end the following new para17 graph:

18 ‘‘(4) The Secretary shall by regulation promulgated

19 in accordance with subsection (b) determine whether any
3

•HR 2043 SC

1 species is no longer an endangered species or a threatened

2 species because of a change in the factors identified under

3 paragraph (1).’’.

4 (b) STATE PARTICIPATION.—Section 4(b)(1)(A) (16

5 U.S.C. 1533(b)(1)(A)) is amended by inserting ‘‘soliciting

6 and fully considering scientific and commercial data about

7 the status of the species from the State agency in each

8 appropriate State, if any, and’’ after ‘‘and after’’.

9 (c) LISTING PRIORITIES.—Section 4(b)(1)(B) (16

10 U.S.C. 1533(b)(1)(B)) is amended to read as follows:

11 ‘‘(B) In carrying out this section, the Secretary shall

12 give consideration to species the conservation of which is

13 most likely to reduce the need to list other species depend14 ent upon the same ecosystem. In addition, the Secretary

15 shall give consideration to species which have been—

16 ‘‘(i) designated as requiring protection from un17 restricted commerce by any foreign nation or pursu18 ant to an international agreement; or

19 ‘‘(ii) identified as in danger of extinction, or

20 likely to become so within the foreseeable future, by

21 any State agency or by any agency of a foreign na22 tion that is responsible for the conservation of fish

23 or wildlife or plants.’’.

24 (d) SCIENTIFIC PEER REVIEW.—Section 4(b)(5) (16

25 U.S.C. 1533(b)(5)) is amended—
4

•HR 2043 SC

1 (1) by redesignating subparagraphs (D) and

2 (E) as subparagraphs (E) and (F), respectively, and

3 (2) by inserting after subparagraph (C) the fol4 lowing:

5 ‘‘(D) in the case of a regulation to implement

6 a determination, request views on the proposed regu7 lation from at least 3 independent referees who,

8 through publication of peer-reviewed scientific lit9 erature, have demonstrated relevant scientific exper10 tise, if any person files within 30 days after the date

11 of publication of general notice a written request

12 that details a substantial scientific basis for ques13 tioning the sufficiency or accuracy of the available

14 data relevant to the determination;’’.

15 (e) COORDINATION OF CRITICAL HABITAT DESIGNA16 TIONS AND RECOVERY PLANS.—Section 4(b)(6) (16

17 U.S.C. 1533(b)(6)) is amended by adding at the end the

18 following:

19 ‘‘(D) If the Secretary, under subparagraph (C), ex20 tends the one-year period, any final regulation designating

21 critical habitat shall incorporate relevant information

22 gathered during the development of the appropriate recov23 ery plan under section 5.’’.
5

•HR 2043 SC

1 (f) IDENTIFICATION OF DATA NEEDS.—Section 4(b)

2 (16 U.S.C. 1533(b)) is amended by adding at the end the

3 following:

4 ‘‘(9) The Secretary shall identify and publish in the

5 Federal Register with a proposed rule under paragraph

6 (1) of subsection (a) a description of any additional sci7 entific and commercial data that would assist in the prepa8 ration of a recovery plan under section 5 for the species

9 to which the proposed rule relates.’’.

10 (g) TAKINGS ASSESSMENTS.—Section 4(a) (16

11 U.S.C. 1533(a)) is amended by adding after paragraph

12 (4) (as added by subsection (a) of this section) the follow13 ing:

14 ‘‘(5) The Secretary shall, concurrently with

15 making a determination under paragraph (1) that a

16 species is an endangered species or a threatened spe17 cies, establish and notify the public of a procedure

18 whereby a person can receive an assessment from

19 the Secretary with respect to whether a particular

20 activity would constitute a taking prohibited under

21 section 9(a) (1) or (2).’’.

22 SEC. 4. RECOVERY PLANNING IMPROVEMENTS.

23 (a) DEVELOPMENT AND IMPLEMENTATION OF RE24 COVERY PLANS.—Section 5 (16 U.S.C. 1534) is

25 amended—
6

•HR 2043 SC

1 (1) by redesignating subsections (a) and (b) in

2 order as subsections (c) and (d); and

3 (2) by striking ‘‘LAND ACQUISITION’’ and all

4 that follows through ‘‘SEC. 5.’’ and inserting the fol5 lowing:

6 ‘‘RECOVERY OF ENDANGERED SPECIES AND

7 THREATENED SPECIES

8 ‘‘SEC. 5. (a) RECOVERY PLANS.—

9 ‘‘(1) IN GENERAL.—

10 ‘‘(A) The Secretary shall, in cooperation

11 with the State agency in each appropriate

12 State, and on the basis of the best scientific

13 and commercial data available, develop and im14 plement plans (hereinafter in this subsection re15 ferred to as ‘recovery plans’) for the timely con16 servation of endangered species and threatened

17 species listed pursuant to section 4 (hereinafter

18 in this section referred to as ‘covered species’)

19 and the habitats on which such species depend,

20 unless the Secretary finds that such a plan will

21 not promote the conservation of a species.

22 ‘‘(B) The Secretary shall, consistent with

23 subparagraph (A), seek to minimize adverse so24 cial and economic consequences that may result

25 from implementation of recovery plans.
7

•HR 2043 SC

1 ‘‘(C) The Secretary shall develop and im2 plement a recovery plan for a species—

3 ‘‘(i) by not later than December 31,

4 1996, in the case of a species included in

5 the list published under section 4(c) before

6 January 1, 1996, and for which no recov7 ery plan was developed before that date;

8 and

9 ‘‘(ii) by not later than 18 months

10 after the date on which the species is first

11 included in a list published under section

12 4(c), in the case of any species that is first

13 included in such a list on or after January

14 1, 1996.

15 ‘‘(2) PRIORITIES FOR DEVELOPING AND IMPLE16 MENTING RECOVERY PLANS.—The Secretary shall to

17 the maximum extent practicable give priority to—

18 ‘‘(A) the development and implementation

19 of integrated, multispecies recovery plans for

20 the conservation of threatened species, endan21 gered species, or species which the Secretary

22 has identified as candidates for listing under

23 section 4 that are dependent upon a common

24 ecosystem; and
8

•HR 2043 SC

1 ‘‘(B) those endangered species or threat2 ened species, without regard to taxonomic clas3 sification, that are most likely to benefit from

4 recovery plans, particularly those species the

5 conservation of which is, or may be, in conflict

6 with construction or other development projects

7 or other forms of economic activity.

8 ‘‘(3) CONTENTS.—The Secretary shall to the

9 maximum extent practicable incorporate in each re10 covery plan the following:

11 ‘‘(A) A description of such site-specific

12 management actions as may be necessary to

13 achieve the goal of the recovery plan for the

14 conservation of covered species, including ac15 tions to maintain or restore ecosystems upon

16 which the species addressed by the plan are de17 pendent.

18 ‘‘(B) Objective, measurable criteria which,

19 when met, would result in a determination, in

20 accordance with the provisions of section 4, that

21 the covered species be removed from the list.

22 ‘‘(C) Estimates of the time required and

23 the cost—

24 ‘‘(i) to carry out those measures need25 ed to achieve the goal of the plan; and
9

•HR 2043 SC

1 ‘‘(ii) to achieve intermediate steps to2 ward that goal.

3 ‘‘(D) A description of actions that will be

4 taken to minimize adverse social or economic

5 impacts that may result from implementation of

6 the recovery plan.

7 ‘‘(E) Strategies that utilize existing Fed8 eral lands, to the extent such lands are avail9 able, to promote the conservation of the covered

10 species.

11 ‘‘(F) An identification of recovery meas12 ures which, if taken by Federal agencies, would

13 contribute to the conservation of the covered

14 species.

15 ‘‘(G) An identification of the specific areas

16 or circumstances, if any, in which the develop17 ment and implementation of conservation plans

18 under section 10(a)(2) would contribute to the

19 conservation of the covered species and help re20 duce conflicts between species conservation and

21 economic activity.

22 ‘‘(H) An identification of the specific areas

23 or circumstances, if any, in which entering into

24 agreements with private landowners under sec-
10

•HR 2043 SC

1 tion 14 would promote the conservation of the

2 covered species.

3 ‘‘(I) An identification of the opportunities

4 to cooperate with municipalities, political sub5 divisions of States, and other persons, in ac6 tions which would contribute to the conserva7 tion of the covered species.

8 ‘‘(4) PUBLIC REVIEW AND COMMENT.—

9 ‘‘(A) The Secretary shall, before giving

10 final approval of a new or revised recovery

11 plan—

12 ‘‘(i) provide public notice and an op13 portunity for public review and comment

14 on the plan; and

15 ‘‘(ii) consider all information pre16 sented during the public comment period.

17 ‘‘(B) Each Federal agency shall, before im18 plementing a new or revised recovery plan, con19 sider all information presented during the pub20 lic comment period under subparagraph (A).

21 ‘‘(5) PUBLIC OUTREACH.—

22 ‘‘(A) The Secretary, in developing and im23 plementing recovery plans—

24 ‘‘(i) may procure the services of ap25 propriate public and private agencies and
11

•HR 2043 SC

1 institutions and other qualified persons;

2 and

3 ‘‘(ii) shall, in cooperation with the ap4 propriate State agency, solicit the partici5 pation of relevant Federal agencies and ap6 propriate persons to identify matters under

7 paragraph (3)(E), (F), (G), (H), and (I).

8 ‘‘(B) Recovery teams appointed pursuant

9 to this subsection shall not be subject to the

10 Federal Advisory Committee Act.

11 ‘‘(6) REPORTS.—The Secretary shall report

12 every 2 years to the Committee on Environment and

13 Public Works of the Senate and the Committee on

14 Merchant Marine and Fisheries of the House of

15 Representatives on the status of efforts to develop

16 and implement recovery plans for all species listed

17 pursuant to section 4 and on the status of all species

18 for which such plans have been developed.

19 ‘‘(b) MONITORING.—

20 ‘‘(1) IN GENERAL.—The Secretary shall imple21 ment a system in cooperation with the States to

22 monitor effectively for not less than 5 years the sta23 tus of all species which have recovered to the point

24 at which the measures provided pursuant to this Act

25 are no longer necessary and which, in accordance
12

•HR 2043 SC

1 with the provisions of section 4, have been removed

2 from either of the lists published under section 4(c).

3 ‘‘(2) PREVENTING RISKS TO RECOVERED SPE4 CIES.—The Secretary shall make prompt use of the

5 authority under section 4(b)(7) to prevent a signifi6 cant risk to the well-being of any recovered species

7 referred to in paragraph (1).’’

8 (b) EXISTING RECOVERY PLANS.—

9 (1) CONTINUING EFFECT OF EXISTING

10 PLANS.—Each recovery plan developed under the

11 Endangered Species Act of 1973 before the date of

12 the enactment of this Act shall continue in effect

13 until revised by the Secretary (as that term is de14 fined in section 3 of the Act) in accordance with

15 that Act as amended by this Act.

16 (2) REVISION.—The Secretary (as that term is

17 defined in section 3 of the Endangered Species Act

18 of 1973) may revise each recovery plan developed

19 under the Endangered Species Act of 1973 before

20 the date of the enactment of this Act so as to con21 form the recovery plan to section 5 of that Act, as

22 amended by this Act, giving priority to recovery

23 plans whose revision would provide the greatest ben24 efit to species listed under section 4 of that Act and
13

•HR 2043 SC

1 species which the Secretary has identified as can2 didates for listing under section 4 of that Act.

3 (c) CONFORMING AMENDMENTS.—

4 (1) The table of contents in the first section is

5 amended by striking the item relating to section 5

6 and inserting the following:

‘‘Sec. 5. Recovery of endangered species and threatened species.’’.

7 (2) Section 4 (16 U.S.C. 1533) is amended—

8 (A) by striking subsections (f) and (g);

9 (B) in subsection (h)(4) by striking ‘‘sub10 section (f) of this section’’ and inserting ‘‘sec11 tion 5’’;

12 (C) by redesignating subsection (h) as sub13 section (f); and

14 (D) by redesignating subsection (i) by

15 striking ‘‘(i)’’ and inserting the following: ‘‘(g)

16 RESPONSE TO STATE COMMENTS.—’’.

17 (3) Section 6(d) (16 U.S.C. 1535(d)) is amend18 ed by striking ‘‘Section 4(g)’’ and inserting ‘‘Section

19 5(b)’’.

20 (4) Section 7(a)(1) of the Land and Water

21 Construction Fund Act of 1965 (16 U.S.C. 460l–

22 9(a)(1)) is amended in the third undesignated sub23 paragraph by striking ‘‘Section 5(a)’’ and inserting

24 ‘‘Section 5(c)’’.
14

•HR 2043 SC

1 SEC. 5. IMPROVED COOPERATION WITH THE STATES.

2 Section 6(a) (16 U.S.C. 1535(a)) is amended by add3 ing at the end thereof the following new sentence: ‘‘In co4 operating with State agencies in carrying out this Act, the

5 Secretary shall not be subject to the Federal Advisory

6 Committee Act.’’.

7 SEC. 6. FEDERAL CONSERVATION OF SPECIES.

8 (a) POLICY OF CONGRESS.—Section 2(c)(1) (16

9 U.S.C. 1531(c)(1)) is amended to read as follows:

10 ‘‘(1) It is further declared to be the policy of

11 the Congress that all Federal departments and agen12 cies shall—

13 ‘‘(A) conserve endangered species, threat14 ened species, species which have been proposed

15 for listing under section 4, and species which

16 the Secretary has identified as candidates for

17 listing under section 4; and

18 ‘‘(B) utilize their authorities in furtherance

19 of this policy and the purposes of this Act.’’.

20 (b) FEDERAL AGENCY AGREEMENTS FOR THE CON21 SERVATION OF CANDIDATE SPECIES.—Section 7(a)(1)

22 (16 U.S.C. 1536(a)(1)) is amended—

23 (1) by inserting before the period at the end the

24 following: ‘‘and species identified as candidates for

25 listing, including the implementation of recovery

26 plans for listed species.’’;
15

•HR 2043 SC

1 (2) by inserting ‘‘(A)’’ after ‘‘(1)’’; and

2 (3) by adding the following:

3 ‘‘(B) The head of each Federal agency responsible for

4 the management of lands and waters—

5 ‘‘(i) shall, by not later than December 31,

6 1994, prepare and provide to the Secretary an in7 ventory of all endangered species, threatened species,

8 species which have been proposed for listing under

9 section 4, and species which the Secretary has iden10 tified as candidates for listing under section 4, which

11 are located on lands and waters within the jurisdic12 tion of the agency;

13 ‘‘(ii) shall by not later than December 31,

14 1995, identify measures to be taken on lands and

15 waters under the jurisdiction of the agency to con16 serve species which the Secretary has identified as

17 candidates for listing under section 4; and

18 ‘‘(iii) may enter into agreements with the Sec19 retary to further the conservation of species which

20 the Secretary has identified as candidates for listing

21 under section 4.’’.

22 SEC. 7. IMPROVED FEDERAL AGENCY COORDINATION.

23 Section 7(a) (16 U.S.C. 1536(a)) is amended by add24 ing at the end thereof the following:
16

•HR 2043 SC

1 ‘‘(5) CONSOLIDATION OF CONSULTATIONS AND CON2 FERENCES.—

3 ‘‘(A) Consultations and conferences under this

4 section between the Secretary and a Federal agency

5 may, if approved by the Secretary, encompass a

6 number of similar or related agency actions to be

7 undertaken within a particular geographical area or

8 ecosystem.

9 ‘‘(B) The Secretary may consolidate requests

10 for consultations or conferences from various Fed11 eral agencies whose proposed actions may affect en12 dangered species, threatened species, or species

13 which have been proposed for listing under section

14 4, that are dependent on the same ecosystem.’’.

15 SEC. 8. INCENTIVES FOR CONSERVATION OF CANDIDATE

16 AND OTHER SPECIES ON STATE AND PRIVATE

17 LANDS.

18 (a) CONSERVATION PLANNING.—Section 13 (87

19 Stat. 901; relating to conforming amendments) is amend20 ed to read as follows:

21 ‘‘CONSERVATION PLANNING

22 ‘‘SEC. 13. (a) CONSERVATION PLANNING FOR CAN23 DIDATE SPECIES.—

24 ‘‘(1) DEVELOPMENT OF PLANS.—

25 ‘‘(A) Any State, county, municipality, po26 litical subdivision of a State, or other person
17

•HR 2043 SC

1 may develop a plan for the conservation of any

2 species which has been proposed for listing or

3 identified by the Secretary as a candidate for

4 listing under section 4.

5 ‘‘(B) A plan developed under this para6 graph shall cover an area that, alone or when

7 considered in association with nearby lands

8 dedicated to conservation, is sufficiently large in

9 size to encompass adequate suitable habitat

10 within which the covered species can be main11 tained over the long-term.

12 ‘‘(2) PERMIT ISSUANCE.—If a plan developed

13 pursuant to paragraph (1) specifies the information

14 required under section 10(a)(2)(A), and if after op15 portunity for public comment on the plan the Sec16 retary makes the findings required under section

17 10(a)(2)(B), the Secretary shall, upon receipt of

18 such assurances as the Secretary may require that

19 the plan will be implemented, issue a permit under

20 this paragraph. Such a permit shall be treated, upon

21 the listing under section 4 of any species for which

22 the plan was developed, as a permit issued for that

23 species under section 10(a)(1)(B).
18

•HR 2043 SC

1 ‘‘(3) REVIEW UPON LISTING.—Upon the listing

2 under section 4 of a species for which a permit is

3 issued under paragraph (2), the Secretary shall—

4 ‘‘(A) review the terms and implementation

5 of each permit issued under paragraph (2) for

6 that species;

7 ‘‘(B) determine whether each of those per8 mittees has complied with the terms of their

9 permit; and

10 ‘‘(C) suspend the permit of any of those

11 permittees that is determined under subpara12 graph (B) to have not complied with their per13 mit.

14 ‘‘(b) FEDERAL ASSISTANCE TO STATE AND LOCAL

15 GOVERNMENTS FOR DEVELOPMENT OF PLANS.—

16 ‘‘(1) ESTABLISHMENT OF HABITAT CONSERVA17 TION PLANNING FUND.—The Secretary shall estab18 lish a Habitat Conservation Planning Fund (here19 after referred to in this subsection as the ‘Fund’),

20 which shall—

21 ‘‘(A) consist of all sums appropriated pur22 suant to section 15(d), and

23 ‘‘(B) be administered by the Secretary as

24 a revolving fund.
19

•HR 2043 SC

1 ‘‘(2) AUTHORITY TO MAKE GRANTS OR AD2 VANCES FROM FUND.—The Secretary may make a

3 grant or interest-free advance from the Fund to any

4 State, county, municipality, or political subdivision

5 of any State to assist in the development of a plan

6 under this section or section 10(a)(2). A grant or

7 advance under this paragraph for development of a

8 plan may not exceed the total financial contribution

9 of the other parties participating in development of

10 the plan.

11 ‘‘(3) CRITERIA FOR GRANTS AND ADVANCES

12 FROM THE FUND.—In making grants and advances

13 under paragraph (1) for a plan, the Secretary shall

14 consider—

15 ‘‘(A) the number of species for which the

16 plan is to be developed;

17 ‘‘(B) the commitment to participate in the

18 planning process from a diversity of interests

19 (including local governmental, business, envi20 ronmental, and landowner interests);

21 ‘‘(C) the likelihood of success of the plan22 ning effort; and

23 ‘‘(D) other factors the Secretary considers

24 appropriate.
20

•HR 2043 SC

1 ‘‘(4) REPAYMENT OF ADVANCES FROM THE

2 FUND.—

3 ‘‘(A) Except as provided in subparagraph

4 (B), sums advanced from the Fund shall be re5 paid within 10 years after the date of the ad6 vance.

7 ‘‘(B) Sums advanced under this subsection

8 for development of a plan shall be repaid within

9 4 years after the date of the advance if—

10 ‘‘(i) no plan is developed within 3

11 years after the date of the advance; or

12 ‘‘(ii) in the case of an advance for the

13 development of a plan under section

14 10(a)(2), no permit is issued under section

15 10(a)(1)(B) based on the plan within 3

16 years after the date of the advance.

17 ‘‘(C) Sums received by the United States

18 as repayment of advances from the Fund shall

19 be credited to the Fund and available for fur20 ther advances in accordance with this sub21 section without further appropriation.’’.

22 (b) CONFORMING AMENDMENT.—The table of con23 tents in the first section is amended by striking the item

24 relating to section 13 and inserting the following:

‘‘Sec. 13. Conservation planning.’’.
21

•HR 2043 SC

1 (c) MITIGATION.—Section 10(a)(2)(A)(ii) (16 U.S.C.

2 1539(a)(2)(A)(ii)), is amended to read as follows:

3 ‘‘(ii) what measures, such as conservation

4 easements, land acquisition, regulatory controls,

5 exotic species controls, and active habitat man6 agement, the applicant will take to minimize

7 and mitigate those impacts and the funding

8 that will be available to implement those

9 measures;’’.

10 (d) HABITAT CONSERVATION PLANNING PILOT

11 PROJECT.—The Secretary shall—

12 (1) solicit and review an application for a per13 mit under section 13(a)(2) of the Endangered Spe14 cies Act of 1973, as amended by this Act, in which

15 the use of market incentives are used as a strategy

16 to implement a plan under section 13(a) of that Act;

17 and

18 (2) report to the Committee on Merchant Ma19 rine and Fisheries of the House of Representatives

20 and the Committee on Environment and Public

21 Works of the Senate, by not later than December

22 31, 1995, on the extent to which that strategy pro23 vides for the conservation of species for which the

24 permit is issued.
22

•HR 2043 SC

1 SEC. 9. FEDERAL ASSISTANCE TO HELP PRIVATE LAND2 OWNERS TO CONSERVE SPECIES.

3 (a) INCENTIVES FOR PRIVATE LANDOWNERS.—Sec4 tion 14 (87 Stat. 903; relating to a repeal) is amended

5 to read as follows:

6 ‘‘INCENTIVES FOR PRIVATE LANDOWNERS TO ASSIST RE7 COVERY OF ENDANGERED SPECIES, THREATENED

8 SPECIES, AND CANDIDATE SPECIES

9 ‘‘SEC. 14. (a) ASSISTANCE AGREEMENTS.—The Sec10 retary, in cooperation with the relevant State agency in

11 each appropriate State and subject to the availability of

12 appropriations, may enter into an agreement with any per13 son who is a private landowner, under which—

14 ‘‘(1) the person agrees to carry out on land

15 they own activities that the Secretary determines

16 will promote—

17 ‘‘(A) the conservation of an endangered

18 species or threatened species pursuant to a re19 covery plan; or

20 ‘‘(B) the conservation of a species the Sec21 retary has identified to be a candidate for list22 ing under section 4; and

23 ‘‘(2) the Secretary agrees to pay to the person

24 such amount as may be agreed by the person and

25 the Secretary.
23

•HR 2043 SC

1 ‘‘(b) PROHIBITION ON ASSISTANCE FOR CERTAIN

2 REQUIRED ACTIVITIES.—The Secretary may not pay any

3 amount as assistance under this section for any action

4 that is—

5 ‘‘(1) required under a permit issued pursuant

6 to section 10(a)(2)(B);

7 ‘‘(2) a condition of any other permit under this

8 Act; or

9 ‘‘(3) otherwise required under this Act or any

10 other Federal law.

11 ‘‘(c) ENSURING IMPLEMENTATION OF AGREE12 MENTS.—The Secretary shall be responsible for ensuring

13 that the terms of agreements under this section are car14 ried out.

15 ‘‘(d) TECHNICAL ASSISTANCE.—The Secretary may

16 provide, to a person that enters into an agreement under

17 this section, technical assistance in the implementation of

18 activities required under the agreement under subsection

19 (a)(1).’’.

20 (b) CONFORMING AMENDMENT.—The table of con21 tents in the first section is amended by striking the item

22 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.’’.

23 (c) REPORT ON INCENTIVES FOR CONSERVATION OF

24 SPECIES.—Within 12 months after the date of enactment
24

•HR 2043 SC

1 of this Act, the Secretary, in consultation with the Sec2 retary of the Treasury, shall submit to the Senate Com3 mittee on Environment and Public Works and the House

4 Committee on Merchant Marine and Fisheries a report

5 containing—

6 (1) a compilation and analysis of existing and

7 potential Federal expenditures, financial assistance,

8 and tax provisions which have the effect of encour9 aging private landowner conservation of the habitat

10 of endangered species, threatened species, or species

11 which the Secretary has identified to be a candidate

12 for listing under section 4 of the Endangered Spe13 cies Act of 1973;

14 (2) a compilation and analysis of existing and

15 potential Federal expenditures, financial assistance,

16 and tax provisions which have the effect of discour17 aging private landowner conservation of the habitat

18 of endangered species, threatened species, or species

19 which the Secretary has identified to be a candidate

20 for listing under section 4 of the Endangered Spe21 cies Act of 1973;

22 (3) a compilation and analysis of Federal statu23 tory and regulatory mechanisms, including expendi24 tures and financial assistance, which have the effect

25 of discouraging the conservation of endangered spe-
25

•HR 2043 SC

1 cies, threatened species, or species which the Sec2 retary has identified as candidates for listing under

3 section 4 of the Endangered Species Act of 1973;

4 and

5 (4) recommendations based on the compilations

6 and analyses under paragraphs (1), (2), and (3)

7 which would promote conservation of the habitat of

8 endangered species, threatened species, or species

9 which the Secretary has identified to be a candidate

10 for listing under section 4 of the Endangered Spe11 cies Act of 1973.

12 SEC. 10. IMPROVING INTERNATIONAL CONSERVATION OF

13 SPECIES.

14 (a) WESTERN HEMISPHERE CONVENTION.—Section

15 8A(e) (16 U.S.C. 1537a(e)) is amended—

16 (1) in paragraph (2) by redesignating subpara17 graphs (A), (B), and (C) in order as subparagraphs

18 (C), (D), and (E); and

19 (2) by inserting before paragraph (2)(C), as so

20 redesignated, the following:

21 ‘‘(A) placement of permanent United States li22 aisons in contracting party nations or in regions rep23 resenting several contracting party nations, includ24 ing Mexico, Central America, northern South Amer-
26

•HR 2043 SC

1 ica, Brazil, southern South America, and the Carib2 bean;

3 ‘‘(B) cooperation with contracting parties and

4 appropriate international organizations for the pur5 poses of—

6 ‘‘(i) convening a conference of the parties

7 and appropriate technical meetings on coopera8 tive bilateral and multilateral actions to imple9 ment the Western Convention, and

10 ‘‘(ii) establishing and supporting a Perma11 nent Office of the Western Convention;’’;

12 (3) in paragraph (2)(D), as so redesignated, by

13 striking ‘‘and’’ after the semicolon;

14 (4) in paragraph (2)(E), as so redesignated, by

15 striking the period and inserting ‘‘; and’’;

16 (5) by adding at the end of paragraph (2) the

17 following:

18 ‘‘(F) implementation of cooperative measures to

19 conserve sensitive and threatened habitats and

20 ecosystems.’’; and

21 (6) in paragraph (3) by striking ‘‘1985,’’ and

22 inserting ‘‘1995, and every 3 years thereafter,’’.

23 (b) REGULATIONS TO IMPLEMENT CONVENTION ON

24 INTERNATIONAL TRADE IN ENDANGERED SPECIES OF

25 WILD FAUNA AND FLORA.—Section 11(f) (16 U.S.C.
27

•HR 2043 SC

1 1540(f)) is amended in the first sentence by striking ‘‘en2 force this Act,’’ and inserting ‘‘enforce this Act and to

3 carry out the Convention and resolutions adopted under

4 the Convention by the parties to the Convention,’’.

5 SEC. 11. CITIZEN SUITS.

6 Section 11(g)(2)(A)(i) (16 U.S.C. 1540(g)(2)(A)(i))

7 is amended by inserting before the semicolon the following:

8 ‘‘, except that such action may be brought immediately

9 after such notification in the case of an action against any

10 person respecting an emergency posing an immediate and

11 significant risk to the continued existence of any species

12 of fish or wildlife or plants included in the list published

13 under section 4(c);’’.

14 SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

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

16 follows:

17 ‘‘AUTHORIZATION OF APPROPRIATIONS

18 ‘‘SEC. 15. (a) IN GENERAL.—In addition to amounts

19 authorized under section 6(i) and subsections (b), (c), (d),

20 and (e) of this section, there are authorized to be appro21 priated—

22 ‘‘(1) to the Secretary of the Interior for carry23 ing out functions of the Secretary of the Interior

24 under this Act $110,000,000 for fiscal year 1994,

25 $120,000,000 for fiscal year 1995, $130,000,000 for

26 fiscal year 1996, $140,000,000 for fiscal year 1997,
28

•HR 2043 SC

1 $150,000,000 for fiscal year 1998, and

2 $160,000,000 for fiscal year 1999;

3 ‘‘(2) to the Secretary of Commerce for carrying

4 out functions of the Secretary of Commerce under

5 this Act $15,000,000 for fiscal year 1994,

6 $20,000,000 for fiscal year 1995, $25,000,000 for

7 fiscal year 1996, $30,000,000 for fiscal year 1997,

8 $35,000,000 for fiscal year 1998, and $40,000,000

9 for fiscal year 1999; and

10 ‘‘(3) to the Secretary of Agriculture for carry11 ing out functions of the Secretary of Agriculture

12 with respect to enforcement of this Act and the Con13 vention which pertain to the importation or expor14 tation of plants $4,000,000 for each of fiscal years

15 1994 through 1999.

16 ‘‘(b) EXEMPTIONS FROM ACT.—There are authorized

17 to be appropriated to the Secretary to assist the Secretary

18 and the Endangered Species Committee in carrying out

19 their functions under section 7 (e), (g), and (h) $625,000

20 for each of fiscal years 1994 through 1999.

21 ‘‘(c) CONVENTION IMPLEMENTATION.—There are au22 thorized to be appropriated to the Department of the Inte23 rior for carrying out section 8A(e) $1,000,000 for each

24 of fiscal years 1994 through 1999.
29

•HR 2043 SC

1 ‘‘(d) HABITAT CONSERVATION PLANNING FUND.—

2 To assist in the development of plans under sections

3 10(a)(2) and 13, there are authorized to be appropriated

4 to the Secretary $20,000,000, which shall be deposited

5 into the Habitat Conservation Planning Fund established

6 under section 13(b).

7 ‘‘(e) PRIVATE ASSISTANCE.—There are authorized to

8 be appropriated to the Secretary $25,000,000 for each of

9 fiscal years 1994 through 1999 for implementing section

10 14.

11 ‘‘(f) AVAILABILITY.—Amounts appropriated under

12 the authority of this section shall remain available until

13 expended.’’.

14 SEC. 13. REPORT ON CONSERVATION OF PLANTS.

15 Not later than 1 year after the date of the enactment

16 of this Act, the Secretary of the Interior shall submit to

17 the Committee on Merchant Marine and Fisheries of the

18 House of Representatives and the Committee on Environ19 ment and Public Works of the Senate a report on the ex20 tent to which provisions of the Endangered Species Act

21 of 1973 relating to species of plants that are listed under

22 section 4 of that Act are sufficient to provide for the con23 servation and survival of those plants. The report shall

24 include recommendations on any additional measures that
30

•HR 2043 SC

1 should be taken to ensure the conservation and survival

2 of those plants.

Æ

HR 2043 SC——2